How to Ask for a Motion to Appeal in Ohio Court Without a Lawyer
- 1). Prepare your appeal that you will be filing. It should specify that you are the party making the appeal, which judgment you are appealing, and to which court you are appealing. The title of your case will be the same as it was in the trial court.
- 2). Determine if you need a transcript of the original court proceeding for your appeal. If you are appealing on the basis of a mistake that was made during the proceeding, you will need at least a transcript of that portion. A transcript might not be necessary if you are challenging the trial court's action upon a document or written motion, such as a motion to dismiss the case. If you do need a transcript, you must order it from the court reporter when you file your paperwork to appeal the case. .
- 3). File your appeal paperwork, known as a notice of appeal, with the clerk of the trial court where your case was heard within 30 days of when the judgment was filed with that clerk. Your paperwork should include the original plus four extra copies for the court and a copy for every party to the appeal. The clerk will then serve a notice of the appeal to the other parties and forward a copy of the appeal to the clerk of the court of appeals.
- 4). Include a document with your filing telling the appeals court which parts of a transcript you have ordered, or if you will use an alternative to the transcript such as a statement of proceedings, or that you won't be filing a transcript. If you have a partial transcript, you must file a separate document stating what you think the trial court got wrong. If you get a full transcript, you don't need to file either.
- 5). Provide with your notice of appeal a civil or criminal docket statement and a copy of the judgment entry on the case you are appealing.
- 6). Pay any court costs at the time of filing. If you cannot afford the court costs, you may file an affidavit of indigency stating that you can't pay the costs and ask the court of appeals to waive the fee.
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