When you find yourself unsatisfied with a decision in a civil case, you may wonder about your options for challenging it. Ohio’s appeals process provides a way to seek a review of the court’s decision, but it’s important to understand how it works and what steps you must take to proceed.
Steps to file an appeal in Ohio
To begin, you must first file a notice of appeal with the appropriate court. The notice must be filed within a specific time frame, typically 30 days from the date of the judgment. The appeal isn’t about retrying the case but rather challenging errors that may have affected the outcome, such as errors in interpreting the law or mistakes during the trial.
Once you file your notice of appeal, the appellate court will review the records from the original case. You must provide a transcript of the trial proceedings or the court’s written findings, which serve as the basis for the review. The appellate court examines these materials to determine whether the trial court made legal errors that impacted your case.
Appellate brief and oral arguments
The next step involves submitting an appellate brief, which presents your legal arguments. This document explains why you believe the trial court’s decision was wrong based on the law and facts of your case. The opposing party can file a response brief to counter your arguments. In some cases, the court may schedule an oral argument, where both sides present their cases in person.
During oral arguments, you have the chance to clarify your position, but the court typically focuses on legal issues, not new facts. Oral arguments are not always required, and many appeals are decided solely based on the briefs.
What the appellate court does
After reviewing the briefs and hearing oral arguments, if any, the appellate court will issue a decision. The court can either affirm, reverse, or modify the original decision. In some cases, the court may send the case back to the trial court for further proceedings.
Understanding the appeals process in Ohio can help you decide whether an appeal is a good choice for your situation. Whether you believe a legal error occurred or just want a second opinion on your case, the appellate process gives you a way to challenge the decision.