and docketing statement. The notice of appeal must be filed in the trial court within 30 days of the journalisation of the final entry. With limited exception, failure to file a timely notice of appeal deprives the appellate court of jurisdiction to hear the appeal so meeting the filing deadline is imperative. If the appeal is docketed on the regular calendar, the court reporter has 40 days from the date the notice of appeal is filed to prepare and file the trial transcripts. When the transcripts and record are filed with the Clerk of Courts, notice is sent to appellate counsel. Counsel then has 20 days to read the transcripts, review the court filings, research potential errors and file the defendantappellant’s merit brief. The merit brief raises the most egregious statutory and constitutional errors found after review of the record. The plaintiff-appellee has 20 days to counter defendant-appellant’s merit brief with its own brief. After the filing of the state’s brief, the defendantappellant counsel has 10 days to respond with a reply brief. Four to six weeks after the writing is complete, appellate counsel will receive notice that oral argument has been scheduled. Oral argument is counsel’s opportunity to appear before a threejudge panel of the Court of Appeals to argue the issues raised in the briefs. Oral argument is limited to 15 minutes per side and the judges will often interrupt counsel’s presentation to clarify facts or a point of law. Oral argument is the final stage of the appellate process. In most cases, the appellate court will issue an opinion 2-4 months after argument. In total, the appellate process takes approximately 9-12 months. The process is shortened if the appeal is docketed to the ‘accelerated’ calendar. Each of the 12 Ohio appellate districts have rules governing the types of cases places on the accelerated calendar. What are the options if the appellate decision is not favourable? An application requesting the Court of 30 LAWYERMONTHLY SEPTEMBER 2022 Contact Felice Harris, Founder Harris Law Firm, LLC 6480 E. Main St., Suite E, Reynoldsburg, OH 43068 Tel: +1 614-887-9858 E: felice@harrislawappeals.com www.harrislawappeals.com
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