SELF-REPRESENTATION

A GUIDE TO SELF-REPRESENTATION IN THE TWELFTH DISTRICT COURT OF APPEALS

SELF-REPRESENTATION

Self-representation ("Pro Se" or literally "for oneself") is the act of appearing in court on one's own behalf. Individuals may appear in the Twelfth District without a lawyer and represent themselves on appeal. You are strongly advised, however, to retain an attorney to represent you. If you choose to represent yourself, be aware that you must comply with the appropriate appellate and local rules of procedure and any orders issued by the Court. Self-represented litigants, in all respects, are held to the same standards as attorney-represented litigants.

PURPOSE OF THIS GUIDE

This guide has been prepared as a courtesy to explain the basic steps and procedures for filing and litigating appeals in the Twelfth District Court of Appeals. Both the Ohio Rules of Appellate Procedure and the Local Rules of the Twelfth District Court of Appeals apply to all appeals filed in this Court. This guide is not legal authority or a substitute for the requirements of these rules. Parties appearing in the Twelfth District Court of Appeals should consult and rely on the Ohio Rules of Appellate Procedure and the Twelfth District Court of Appeals Local Rules in preparing and presenting their cases. Both sets of rules can be found on the RULES page.

CONTACTING THE COURT

For additional information, contact the Twelfth District Court of Appeals. Please note that the Code of Judicial Conduct prohibits judges from speaking with parties outside of formal court proceedings. Additionally, the Court's employees cannot give you legal advice. The staff, however, will help with general procedural questions when possible. Answers to most questions regarding the appellate case flow process can be found on this website's QUESTIONS AND ANSWERS page.

WARNING: IMPORTANT INFORMATION – PLEASE READ CAREFULLY

All documents that you file with the Court will be available to the public on the internet and the Court’s docket. You are responsible for protecting your identity from possible theft. You must remove certain personal identifying information from all documents before you submit the documents to the Court for filing. It is not the Court’s responsibility to remove personal identifying information from your documents before they are docketed. Also, a litigant, whether represented by counsel or appearing pro se, must not put certain types of personal identifying information in documents for filing. This rule applies to ALL documents submitted for filing, including pleadings, exhibits to pleadings, notices of appeal, briefs and any other document submitted for filing. If a litigant finds it necessary to submit a document containing personal identifying information, the litigant must redact or “black out” the personal identifying information prior to submitting the document to the appellate clerk for filing.

Types of Personal Information that MUST be removed or redacted from documents before filing:

  • Social Security Numbers or Other Personal Identifiers.
  • Names of Minor Children.
  • Names of Victims of a Sexual Offense.
  • Bank and all other Financial Account Numbers.
  • Any other information deemed personal and private by any federal or state constitution, statute, regulation, executive order, or court ruling (e.g., privacy rules under the Health Insurance Portability and Accountability Act "HIPAA", Internal Revenue Service "IRS" income tax filings, etc.).

 

To the extent that reference to another person is likely to reveal the identity of a minor or victim of a sexual offense, you must identify that other person with initials or a generic term in any document that you file in the Court. If you include any of the above personal and private information, the Court will strike your document.

APPELLATE CASE FLOW PROCESS

Included below are the basic and the general highlights of the case flow process for an appeal in the Twelfth District Court of Appeals which should be reviewed before drafting or filing any documents with the court of appeals. Please pay special attention to these requirements because missteps can result in your appeal being dismissed. Additional information can also be found in the Overview of the Appellate Process document on this website.

The party appealing must file with the clerk of the trial court a Notice of Appeal with the appropriate trial court entry attached, and the necessary Docket Statement for either a Civil or Criminal case, as well as a $225 cost deposit or an affidavit of indigency, within 30 days of the entry of the trial court's judgment. App.R. 3 and 4; Loc.App.R. 2, 3, and 4.

Generally, the record must be transmitted from the trial court to the appellate court within 40 days (20 days for cases on the accelerated calendar) after the notice of appeal is filed or as otherwise specified in the court of appeals' Scheduling Order. App.R. 10; Loc.App.R. 10.

Appellant's brief is due within 20 days (15 days for cases on the accelerated calendar) after the clerk gives notice that the record was filed. App.R. 11.1 (C) and 18; Loc.App.R. 11. Appellee's brief is due within 20 days (15 days for cases on the accelerated calendar) after service of the appellant's brief. App.R. 11.1(C) and 18; Loc.App.R. 11. Appellant's reply brief is due within 10 days (5 days for cases on the accelerated calendar) after service of the appellee's brief. App.R. 11.1(C) and 18; Loc.App.R. 11.

After briefing is complete, the appellate court will either schedule oral argument or submit the case on the briefs alone. Oral argument must be requested in writing, otherwise argument is waived and the case will be submitted on the briefs. Loc.App.R. 12.

After the case has been argued or submitted, the court of appeals enters its judgment entry and opinion deciding the case, generally within 60 days. Loc.App.R. 16.

Within ten days after the judgment entry is journalized, any party may file an application for reconsideration, application for en banc consideration, or a motion to certify a conflict, if appropriate. App.R. 25 and 26; Loc.App.R. 18. An application for reconsideration and/or application for en banc consideration will toll the time for appeal to the supreme court. S.Ct. Prac.R. 7.01(A)(5) and (6).

After the entry and opinion of the appellate court has been journalized and any applications for reconsideration and/or en banc consideration have been decided, the parties have 45 days to file an appeal to the Supreme Court of Ohio. S.Ct. Prac.R. 7.01(A)(5) and (6).

OTHER RESOURCES FOR SELF-REPRESENTATION

The Ohio Public Defender's Office provides guidance for representing oneself in general

and for filing a criminal appeal specifically in the Twelfth District Court of Appeals