Rule 3 - FILING OF DOCUMENTS; COSTS; MULTIPLE APPEALS; NOTICE OF APPEAL; JUDGMENT ENTRIES/ORDERS(A)Filing Documents.The Clerks of the Courts of Common Pleas of the counties of Ashtabula, Geauga, Lake, Portage, and Trumbull serve as the Clerk of this Court of Appeals in their respective counties. All documents required to be filed in this court shall be filed with the Clerk of the Court of Appeals of the county in which the appeal or original action originated. Documents submitted directly to this court at its headquarters in Warren will not be considered filed, either when mailed or when received.
An e-mail to the clerk of courts shall not be considered a proper motion, brief, or other pleading to this court for filing. If e-mail is an accepted form of delivery to the clerk, any motions, briefs, or other pleading that is e-mailed to the clerk for filing shall be in the form of a separate attachment to that e-mail.
(B)Costs Deposits; Costs; Multiple Appeals.(1)Costs Deposits.The deposit as security for the payment of costs due on the filing of any notice of appeal or original action (mandamus, prohibition, procedendo, quo warranto, and habeas corpus) is hereby set at the sum of $150.
Failure to make the required deposit shall be grounds for dismissal of the appeal. Subpoenas will not be issued in an original action unless a security deposit in the amount of $20 per witness is deposited with the clerk.
If the party bringing the appeal or original action, or the party seeking the attendance of witnesses, files with the clerk a sworn affidavit of inability to secure costs by prepayment, the clerk shall receive and file the appeal or the complaint or subpoena of witnesses without security deposits. The court reserves the right to require further verification of the party's indigent status.
(2) Costs. Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties; if a judgment is affirmed, costs shall be taxed against appellant, unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the appellee, unless otherwise ordered; if a judgment is reversed in part and affirmed in part, costs shall be equally divided between the appellant's side and the appellee's side, unless otherwise ordered by the court.(3)Multiple Appeals.(a)Notice of Appeal. A separate Notice of Appeal shall be filed in the trial court for each case appealed whether or not the case was consolidated in the trial court for hearing with one or more other cases.(b)Consolidation of Appeals. In the event that two or more cases were heard together in the trial court but not consolidated therein as one case and such cases have been appealed to this court, on application to and with leave of this court, a single transcript of proceedings and a single set of briefs may be filed and used in all cases appealed, provided that the assignments of error and arguments pertaining thereto are sufficiently defined as to which case, or cases, they pertain.(c)Costs. Separate Notices of Appeal filed for separate judgment entries that are subdivisions of the same trial court case number require only a single cost deposit pursuant to Loc.R. 3(B)(1) of the Eleventh District Court of Appeals.(C)Notice of Appeal. A sample Notice of Appeal form containing the required information in accordance with this rule is set forth in Appendix A. This court's Docketing Statement in accordance with this rule is set forth in Appendix B. (1)Transcript Information. At the time of filing the Notice of Appeal, the appellant shall designate on the Notice of Appeal whether a complete or a partial transcript of the trial proceedings has been ordered, or whether appellant intends to file a statement pursuant to Ohio App.R. 9(C) or (D) in lieu of a transcript, or whether no transcript or statement pursuant to either Ohio App.R. 9(C) or (D) will be filed.(2)Judgment Entries Being Appealed. The appellant shall attach to the Notice of Appeal, a copy of the judgment entry or entries being appealed. Appellant's failure to attach a copy of the judgment entry or entries may result in the dismissal of the appeal sua sponte and without notice.(3)Docketing Statement. The Clerk of Courts will provide Docketing Statement forms as prescribed by this court. The clerk of the trial court shall transmit a copy of the Docketing Statement with the Notice of Appeal to the clerk for the Court of Appeals and to appellee. The purpose of the Docketing Statement is to determine whether an appeal will be assigned to the accelerated calendar or the regular calendar.(4)Amending the Notice of Appeal. A motion for leave to file an Amended Notice of Appeal shall accompany any Amended Notice of Appeal filed pursuant to Ohio App.R. 3(F).(D)Judgment Entries/Orders. The Court of Appeals may transmit by fax, e-mail, or other electronic format to the Court of Appeals clerk any decision, judgment entry, or order. The Court of Appeals clerk shall accept the document as the original, and the signatures of the judges shall be accepted as originals. (1) All court documents signed by means of an electronic signature, whether transmitted to the clerk of courts electronically or via paper, shall have the same force and effect as if the signer had affixed his or her signature to a paper copy of the document.(2) The signature of any judge and/or magistrate on any document may be executed manually or by means of any device or machine including electronic signature.Amended effective 6/1/2022; amended effective 7/3/2023; amended effective 7/1/2024.