Can I use the same Appeal and brief form papers, and the same format used to appeal in the 10th District Court of Appeal to appeal to Supreme Court of Ohio?
Simply answer, no. The Supreme Court of Ohio has its own set of rules that must be followed. To begin you must file a notice of appeal and, subsequently, file a memorandum in support of jurisdiciton. Review the below link for the rules. Also, no pro se litigant should attempt an appeal tot he Supreme Court on his own.
Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Criminal Defense Attorney
While some of the format will be virtually identical, other portions will have to be rewritten entirely. You should understand that going from the Trial Court to the 10th District was automatic: all you had to do was file the Notice of Appeal with the Court and that Appeal was formally begun.
With the Supreme Court, it is discretionary, meaning it's up to the Supreme Court whether they choose to take your case or not. You first have to file a Memorandum in Support of Jurisdiction, showing the Court why it should grant certiorari on your case and agree to hear it. That means you will have to show either: 1) this is a new and never before ruled upon area of the law or 2) that the different appellate Districts around the State reach different conclusions on the exact same legal issues. These are both difficult to prove in Court.
Additionally, there are certain formalities regarding the Brief, the number of pages, margin size, font size, etc. that apply to the Supreme Court that are absolutely required. It is a very technical and frustrating process.
I hope this answered your question. Good luck in the case and beyond.
Atty. Dennis A. DiMartino
1032 Boardman-Canfield Road,
Youngstown, Ohio 44512-4238
330.629.9030 Ext. 111 Phone
(330) 629-9036 FAX
The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX Dennis.DiMartino@gmail.com
Filing a jurisdictional memorandum with the Ohio Supreme Court is very different from filing a direct appeal with an Ohio intermediary appellate court. Although you have a right to proceed without an attorney, it greatly reduces your chances of success.
I recommend hiring an experienced appellate attorney as soon as possible as there is only a very narrow window of 45 days to refer a case to the Ohio Supreme Court, once that deadline has expired it is very, very difficult to file a "delayed appeal," and your case will likely be forever closed.
Review my website for a further discussion of the importance of meeting deadlines in appellate cases. www.OhioAppeals.net
Car / Auto Accident Lawyer
The Supreme Court of Ohio has specific rules of practice that vary from the 10th District Court of Appeals. I would highly recommend that you seek legal counsel. Depending on the facts of your case, your appeal is probably discretionary, which means you have no automatic right to appeal. Before you can have your case accepted by the Supreme Court you must convince them to hear the case by filing a brief in support of jurisdiction, which is nothing like your court of appeals experience.
www.rogerslawllc.com, Rogers Law, LLC and attorney Kevin V. Rogers, Jr. The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.