Rule 3.1 - Appeals - How Taken(A) Required documentsAn appeal as of right shall be taken by filing:
(1) a notice of appeal; and (2) a docket statement. The docket statement is not jurisdictional but its omission may be the basis for dismissal of the appeal.(1)Notice of appeal.(a)Content of the notice of appeal.(i) The notice of appeal shall: (1) specify the party or parties taking the appeal;(2) designate the judgment, order or part thereof appealed from; and(3) state that the appeal is made to the First District Court of Appeals of Ohio.(ii) The notice of appeal shall have attached to it a copy of the judgment or order being appealed. The subject attachment is not jurisdictional but its omission may be the basis for dismissal of the appeal.(iii) The caption shall be the same as in the trial court, with the designation of appellant and appellee added, as appropriate. The caption shall also be redacted when required by Loc.R. 13.2(B)(1).(b)Amendment of the notice of appeal.(i) A party may amend a notice of appeal without leave if the time to appeal from the order that was the subject of the initial notice of appeal has not yet lapsed under App.R. 4. Thereafter, the Court of Appeals within its discretion and upon such terms as are just may allow the amendment of a notice of appeal, so long as the amendment does not seek to appeal from a trial court order beyond the time requirements of App.R. 4.(ii) If the Court permits an appellant to cure a defective notice of appeal where the time has lapsed under App.R. 4, failure to do so within the time permitted by the Court may result in a dismissal of the appeal.(iii) An amended notice of appeal shall be filed in both the trial court and the Court of Appeals, except when the Court orders otherwise.(c)Cases consolidated below. 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. (See Form 3.1NCR Notice of Appeal - Criminal and Form 3.1NCV Notice of Appeal - Civil, Appendix of Forms.)
(2)Docket statement. (a)Criminal docket statement. In a criminal appeal, in an appeal from the denial of postconviction relief, and in an appeal in a juvenile-delinquency case, the appellant shall file a completed criminal docket statement. (See Form 3.1DCR Docket Statement - Criminal, Appendix of Forms.)
(b)Civil docket statement. In a civil appeal, the appellant shall file a completed civil docket statement. (See Form 3.1DCV Docket Statement - Civil, Appendix of Forms.)
(c)Docket statement missing or incomplete. If the appellant fails to file a docket statement with the notice of appeal or otherwise files an incomplete docket statement, the Court may order the appellant to either file a completed docket statement within a specified time period or show cause why the appeal should not be dismissed. If the appellant fails to comply with the Court's order, the Court may dismiss the appeal.(B) Where filed(1) For all appeals, the appellant shall file the notice of appeal with the clerk of the trial court from which the appeal is taken. When the docket statement is filed contemporaneously with the notice of appeal, it shall also be filed in the trial court. When the docket statement is filed at any other time, it shall be filed in the Court of Appeals.(2) The appellant should file electronically, except as provided in Loc.R. 13.1, via the clerk of courts' e-filing system for the trial court from which the appeal is taken. If no e-filing system is available for a particular court, the appeal may be filed in person or by any other means provided for in these rules.(3) For in-person filings from the General Division and the Domestic Relations Division of the Hamilton County Court of Common Pleas, the notice of appeal will be accepted at the appellate division of the clerk's office, located on the 12th floor of 230 East Ninth Street, Cincinnati, OH, 45202. The appellant shall file four copies of the notice of appeal and two copies of the docket statement.(C) ServiceThe party filing the notice of appeal shall serve upon all other parties, or their counsel if represented, a copy of the notice of appeal and a copy of the docket statement.
(D) Waiver of filing fee and cost depositThe clerk will not accept for filing any notice of appeal or original action unless the party bringing the action deposits with the clerk of courts the sum of $85.00. But the clerk will receive and file the appeal or action without payment of $85.00:
(1) If the appellant files with the clerk a sworn affidavit of indigency or affirmation of inability to pay (see Form 3.1 Affidavit of Indigency, Appendix of Forms); or(2) If, in a civil case, the appellant completes and files a Civil Fee Waiver Affidavit; or(3) If the appellant produces evidence that the trial court determined that the appellant was indigent for purposes of appeal; or(4) If the requirement of prepayment is otherwise excused by operation of law.Amended eff. 1/1/2022; amended eff. 2/1/2024.