Rule 7.01 - Institution of Jurisdictional Appeal(A) Perfection of appeal (1) Time to file and documents required(a)(i) To perfect a jurisdictional appeal from a court of appeals to the Supreme Court as defined by S.Ct.Prac.R. 5.02(A), the appellant shall file a notice of appeal in the Supreme Court within forty-five days from the entry of the judgment being appealed. The date the court of appeals filed its judgment entry for journalization with its clerk, in accordance with App.R. 22, shall be considered the date of entry of the judgment being appealed.(ii) Except as provided by S.Ct.Prac.R. 7.01(A)(3), the appellant shall also file a memorandum in support of jurisdiction, in accordance with S.Ct.Prac.R. 7.02, at the time the notice of appeal is filed. (b) Except as provided in divisions (A)(2), (3), (4), (5), and (6) of this rule, the time period designated in this rule for filing a notice of appeal and memorandum in support of jurisdiction is mandatory, and the appellant's failure to file within this time period shall divest the Supreme Court of jurisdiction to hear the appeal. The Clerk of the Supreme Court shall refuse to file a notice of appeal or a memorandum in support of jurisdiction that is received for filing after this time period has passed.(2) Subsequent notices of appeal and cross-appeal (a) If a party timely files a notice of appeal in the Supreme Court, any other party may file a notice of appeal or cross-appeal in the Supreme Court within the time prescribed by division (A)(1) of this rule or ten days after the first notice of appeal was filed, whichever is later.(b) A notice of appeal shall be designated and treated as a notice of cross-appeal if both of the following requirements are met: (i) It is filed after the original notice of appeal was filed in the case; (ii) It is filed by a party against whom the original notice of appeal was filed. (c) If a notice of cross-appeal is filed, a combined memorandum both in response to appellant/cross-appellee's memorandum and in support of jurisdiction for the cross-appeal shall be filed by the deadline imposed in S.Ct.Prac.R. 7.05.(3) Motion for stay in advance of filing a memorandum in support of jurisdiction(a) In a jurisdictional appeal, if the appellant seeks from the Supreme Court an immediate stay of the court of appeals' judgment that is being appealed, the appellant may file a notice of appeal in the Supreme Court without an accompanying memorandum in support of jurisdiction, provided both of the following conditions are satisfied:(i) A motion for stay of the court of appeals' judgment is filed with the notice of appeal;(ii) A date-stamped copy of the court of appeals' opinion and judgment entry being appealed is attached to the motion for stay.(b) If pursuant to S.Ct.Prac.R. 7.01(A)(3)(a) a memorandum in support of jurisdiction is not filed with the notice of appeal, then a memorandum in support of jurisdiction shall be filed no later than forty-five days from the date of the entry of the court of appeals' judgment being appealed. The Supreme Court will dismiss the appeal if the memorandum in support of jurisdiction is not timely filed pursuant to this provision.(4) Motion for a delayed appeal in felony cases(a) In a felony case, when the time has expired for filing a notice of appeal in the Supreme Court, the appellant may file a delayed appeal by filing a notice of appeal and a motion for delayed appeal that complies with the following requirements:(i) The motion shall state the date of entry of the judgment being appealed and the reasons for the delay; (ii) Facts supporting the motion shall be set forth in an affidavit; (iii) A date-stamped copy of the court of appeals' opinion and the judgment entry being appealed shall be attached to the motion. (b) A memorandum in support of jurisdiction shall not be filed at the time a motion for delayed appeal is filed. If the Supreme Court grants a motion for delayed appeal, the appellant shall file a memorandum in support of jurisdiction within thirty days after the motion for delayed appeal is granted. If a memorandum in support of jurisdiction is not timely filed after a motion for delayed appeal has been granted, the Supreme Court will dismiss the appeal.(c) The provision for delayed appeal does not apply to appeals involving postconviction relief or appeals brought pursuant to App.R. 26(B). The Clerk shall refuse to file motions for delayed appeal involving postconviction relief or App.R. 26(B).(5) Effect of a timely filed application for reconsideration with court of appeals (a) When a party timely fi les an application for reconsideration in the court of appeals pursuant to App.R. 26(A)(1), the time for filing a notice of appeal from the court of appeals' entry of judgment shall be tolled. (b) If a timely application for reconsideration is filed in the court of appeals, and the appellant seeks to appeal from the court of appeals' entry of judgment, the appellant shall fi le a notice of appeal within forty-five days of the court of appeals' decision denying the application for reconsideration, or if reconsideration is granted, from the subsequent entry of judgment. (c) To file an appeal from the court of appeals' opinion and judgment entry after the court of appeals has ruled on an application for reconsideration, the appellant shall comply with the time frame imposed by S.Ct.Prac.R. 7.01(A)(5)(b) and shall include both of the following: (i) A notice of appeal that complies with the requirements of S.Ct.Prac.R. 7.01(B) and that indicates the date of the filing of the application for reconsideration, the date of the court of appeals' decision on the application for reconsideration, and the date of the court of appeals' opinion and judgment entry that is being appealed;(ii) A memorandum in support of jurisdiction that complies with the requirements of S.Ct.Prac.R. 7.02 and that also has attached a date-stamped copy of the court of appeals' decision denying the application for reconsideration, or if reconsideration is granted, the subsequent entry of judgment. (6) Effect of en banc consideration by the court of appeals(a) When a party timely fi les an application for en banc consideration in the court of appeals pursuant to App.R. 26(A)(2), the time for filing a notice of appeal from the court of appeals' entry of judgment shall be tolled.(b) If a timely application for en banc consideration is filed in the court of appeals and the appellant seeks to appeal from the court of appeals' entry of judgment, the appellant shall file a notice of appeal within forty-five days of the court of appeals' decision denying the application for en banc consideration, or if en banc consideration is granted, the subsequent entry of judgment. (c) To file an appeal from the court of appeals' opinion and judgment entry after the court of appeals has ruled on an application for en banc consideration, the appellant shall comply with the time frame imposed by S.Ct.Prac.R. 7.01(A)(6)(b) and shall include both of the following: (i) A notice of appeal that complies with the requirements of S.Ct.Prac.R. 7.01(B), and that indicates the date of the filing of the application for en banc consideration, the date of the court of appeals' decision on the application for en banc consideration, and the date of the court of appeals' opinion and judgment entry that is being appealed; (ii) A memorandum in support of jurisdiction that complies with the requirements of S.Ct.Prac.R. 7.02, and that also has attached a date-stamped copy of the court of appeals' decision denying the application for en banc consideration, or if en banc consideration is granted, the subsequent entry of judgment.(d) If a timely sua sponte en banc consideration is initiated by the court of appeals but an appeal to the Supreme Court has not been perfected, the appellant may fi le a notice of appeal within forty-five days of the court of appeals' final en banc decision. (e) To fi le an appeal from the court of appeals' opinion and judgment entry after the court of appeals completes the sua sponte en banc consideration process, the appellant shall comply with the time frame imposed by S.Ct.Prac.R. 7.01(A)(6)(d) and shall include both of the following: (i) A notice of appeal that complies with the requirements of S.Ct.Prac.R. 7.01(B) and that indicates the date of the decision of the court of appeals initiating the sua sponte en banc consideration, the date of the court of appeals' final decision on the sua sponte en banc consideration, and the date of the court of appeals' opinion and judgment entry that is being appealed; (ii) A memorandum in support of jurisdiction that complies with the requirements of S.Ct.Prac.R. 7.02 and that also has attached a date-stamped copy of the court of appeals' decision initiating the sua sponte en banc consideration process and a datestamped copy of the court of appeals' final en banc consideration decision. (f) If a party perfected a jurisdictional appeal with the Supreme Court in accordance with S.Ct.Prac.R. 7.01(A), and the court of appeals subsequently initiates timely sua sponte en banc consideration, the party shall file a notice with the Supreme Court that an en banc decision is forthcoming from the court of appeals. The Supreme Court will stay consideration of the jurisdictional memoranda until after the court of appeals' en banc decision.(B) Contents of notice of appeal [See Appendix C for a sample notice of appeal from a court of appeals.]
(1) The notice of appeal for a jurisdictional appeal shall contain all of the following: (a) The name of the court of appeals whose judgment is being appealed; (b) The case name and number assigned to the case by the court of appeals; (c) The date of the entry of the judgment being appealed;(d) A statement that one or more of the following are applicable: (i) The case raises a substantial constitutional question; (ii) The case involves a felony; (iii) The case is one of public or great general interest; (iv) The case involves termination of parental rights or adoption of a minor child, or both; (v) The case is an appeal of a court of appeals' determination under App.R. 26(B); (vi) The case involves death-penalty postconviction proceedings. (2) In a jurisdictional appeal, if a party has timely moved the court of appeals to certify a conflict under App.R. 25, the notice of appeal shall be accompanied by a notice of pending motion to certify a conflict, in accordance with S.Ct.Prac.R. 7.07(A), stating that a motion to certify a conflict is pending with the court of appeals.(C) Notice to the court of appeals The Clerk of the Supreme Court shall send a copy of any notice of appeal or cross-appeal to the clerk of the court of appeals whose judgment is being appealed.
(D) Jurisdiction of court of appeals after appeal to Supreme Court is perfected(1) After an appeal is perfected from a court of appeals to the Supreme Court, the court of appeals is divested of jurisdiction, except to take action in aid of the appeal, to rule on an application timely filed with the court of appeals pursuant to App.R. 26, or to rule on a motion to certify a conflict pursuant to Article IV, Section 3(B)(4) of the Ohio Constitution. (2) In all appeals from a court of appeals, the court of appeals retains jurisdiction to appoint counsel to represent indigent parties before the Supreme Court when a judgment of the court of appeals is being defended by a defendant or when the Supreme Court has ordered that counsel be appointed in a particular case. Ohio. R. Prac. S. Ct. 7.01
Effective Date:6/1/1994; Amended: 4/1/1996; 4/1/2000; 6/1/2000; 7/1/2004; 8/1/2004; 1/1/2008; 1/1/2010;7/1/2010; 10/1/2011;1/1/2013; 1/1/2017.