As amended through October 29, 2024
Rule 3 - Appeal As Of Right - How Taken; Cost-Deposit; Consolidated Appeals; Cross-Appeal(A)Filing Fee And Cost Deposit. The clerk will not accept for filing any notice of appeal, notice of cross-appeal, or original action unless the party bringing the action deposits with the clerk of courts the sum of $175.00. Of that sum, $150.00 will be security for the payment of costs, and $25.00 is a fee, authorized under R.C. 2501.16(B), for the operation of the court. But, the clerk will receive and file the appeal or action without the payment of $175.00: (1) If the appellant files with the clerk a sworn affidavit ("affidavit of indigency") or affirmation of inability to secure costs by prepayment; or(2) If the appellant produces evidence that the trial court determined that the appellant was indigent for purposes of appeal; or(3) If the requirement of prepayment is otherwise excused by operation of law, e.g., R.C. 109.19 and 325.31(C).(B)Appeal As Of Right.(1) The notice of appeal must individually name each party taking the appeal and must have attached to it a copy of the judgment or order appealed from (journal entry) signed by the trial judge and time-stamped with the date of receipt by the clerk. The subject attachments are not jurisdictional but their omission may be the basis for a dismissal.(2) A party is required to file only one notice of appeal from a judgment entered in cases consolidated in the trial court. The notice of appeal must list all consolidated case numbers. The appeal will proceed under one case number unless otherwise ordered by the court.(3) Counsel, or litigants filing notices of appeal on their own behalf, must include current names and addresses for counsel of record for appellees. In the event an appellee is unrepresented, then the appellee's current address and email must be provided. If filing the notice of appeal in paper form, appellant is required to provide the original and one copy as well as the necessary number of copies for service.(C)Consolidation Of Appeals.(1)Consolidation Of Appeals. Either on motion or sua sponte, the court may consolidate cases involving related transactions or the same or similar principles of law, even though the parties are not identical. When consolidation has been ordered, the parties with a common interest must try to prepare a common brief with an addendum to cover any proposition that a party deems unique to that party. Any addendum may not exceed 15 pages without leave of court.(2)Service In Consolidated Appeals. When appeals are consolidated, the clerk of the court of appeals may limit its notice of journal entries to one notice for each counsel (or party, if not represented by counsel) where identical journal entries are being made in each consolidated appeal. Such service will constitute due notice as to all the consolidated appeals. Costs will ordinarily be assigned to the lowest case number.(3)Manner of Filing in Consolidated Appeals. After consolidation of appeals, parties shall file any documents, including motions, briefs, and notices, under the lowest appeal number, indicating on the title of the document all appellate case numbers subject to the consolidation.(D)Cross-Appeal. Notice of cross-appeal shall be filed like a notice of appeal with the clerk of the trial court and with the praecipe and docketing statement.(E)Service by Prosecutor. When a prosecutor takes an appeal either of right or accompanied by a motion for leave to appeal in a felony, misdemeanor, or juvenile delinquency case, and including from an order sealing the record pursuant to R.C. 2952.31, et seq., the prosecutor shall send a notice of the appeal to the Appellate Division of the Cuyahoga County Public Defender's Office via United States mail or by sending an electronic copy to pdgeneral@cuyahogacounty.us. The fact of service to the Cuyahoga County Public Defender's Office shall be included within the certificate of service.Adopted eff. 2/1/1999; amended eff. 7/1/1999; 4/1/2004; 7/1/2012; 8/1/2016; 4/9/2018; 2/1/2019; amended eff. 12/28/2020.