Name of Trial Court:_________ | |
Case Caption:_________ | Trial Court Case Number:_______ |
_________________ | |
Plaintiff, | Trial Court Judge:______ |
VS. | Date of judgment appealed:_____ |
_____________ | The notice of appeal was filed in compliance with: |
_____________ | [] App.R. 4(A) (within 30 days); or |
Defendant | [] App.R. 4(B) (time extended); or |
[] App.R. 5 (delayed appeal) |
A. PRAECIPE: REQUESTING THE RECORD
TO THE CLERK OF THE TRIAL COURT:
1. [] By checking this box, appellant requests that the clerk of the trial court immediately prepare and assemble the original papers and exhibits filed in the trial court and a certified copy of docket and journal entries under App.R. 9(A). (If appellant only selects this box, appellant acknowledges that no transcript is required to be prepared.)
2. [] Check this box if you seek the record in this appeal to include one of the following listed below that is necessary for the resolution of the appeal. (Please select only one of the following below.)
a. [] Complete transcript under App.R. 9(B). (Note: the appellant must instruct the court reporter to prepare the transcript.)
b. [] Partial transcript under App.R. 9(B). (Note: the appellant must instruct the court reporter to prepare the transcript.)
c. [] Statement of evidence or proceedings under App.R. 9(C).
d. [] Agreed statement under App.R. 9(D).
B. CALENDAR
Choose the appropriate calendar designation for this case. Check only one of the following:
[] Regular Calendar
This is the appropriate selection if any of the following apply:
Transcript and all other evidentiary materials are more than one hundred pages; A brief in excess of 15 pages is necessary to argue the issues adequately; Appeal concerns unique issues of law that will be of substantial precedential value in determining similar cases; Appeal concerns multiple or complex issues; or Do not want accelerated calendar.[] Accelerated Calendar (SeeLocApp.R. 11.1)
An appeal may be assigned to the accelerated calendar if (1) no transcript is required, or (2) the transcript and all other evidentiary materials consist of 100 or fewer pages. If any of the criteria listed above for regular calendar applies, the appeal will not be assigned to the accelerated calendar.
[] Expedited Calendar (SeeApp.R. 11.2)
This is the appropriate selection if any of the following apply. Please designate the specific category below:
[] Abortion-related appeal from juvenile court
[] Adoption or parental rights appeal (includes award of temporary custody to the agency)
[] Dependent, abused, neglected, unruly or delinquent child appeal
[] Prosecutorial appeal from suppression order
[] Denial of a bail bond as provided in R.C. 2937.222(D)
[] Election contests as provided in R.C. 3515.08
C. GENERAL INFORMATION
1. Was a stay requested in the trial court? [] Yes [] No (SeeApp.R. 7 and App.R. 8)
If a stay was requested, how did the trial court rule?
[] Granted [] Denied [] Pending
2. If this case has previously been before this Court, list prior appellate case number(s):
_______________________________________
_______________________________________
3. List case names and numbers of cases pending in this court that involve the same transaction or controversy involved in this appeal:_______________________
_______________________________________
_______________________________________
4. Probable issues for appeal (if known):________________________________
_______________________________________
_______________________________________
5. Have you attached a time-stamped copy of the final judgment being appealed as required under Loc.App.R. 3(B)? [] Yes
6. Have you been declared a vexatious litigator? [] Yes [] No If yes, did you comply with R.C. 2323.52(F)(2) and seek leave to file? [] Yes [] No
7. Is this an appeal from a decision pertaining to an expungement or civil stalking protection order? [] Yes [] No
D. CRIMINAL CASE
(If this is an appeal from a civil case, skip ahead to SECTION E. If a criminal case, complete this section and then skip to the signature block.)
1. Does the sentencing order contain the following four requirements:
fact of conviction for each count; separate sentence for each convicted count; signature of trial court judge; and file stamp of the clerk of court?[] Yes [] No
2. If a co-defendant(s) was indicted and convicted under the same complaint, list the name(s) of co-defendant(s):
_______________________________________
_______________________________________
3. Type of Appeal (Select only one of the following):
[] Defendant's Appeal as of Right [] State's Appeal as of Right
[] Defendant's Delayed Appeal by Leave of Court (SeeApp.R. 5(A))
[] State's Appeal by Leave of Court (SeeApp.R. 5(B))
E. CIVIL CASE
1. Specify the type of action in the trial court (e.g. administrative appeal; contract; declaratory judgment; domestic relations; juvenile; medical malpractice; personal injury; probate; etc.):
_________________________________________________
2. Is the order appealed from a final appealable order:
a. Did the judgment dispose of all claims by and against all parties? [] Yes [] No
b. If not, is there a determination that there is "no just reason for delay" per Civ.R. 54(B) ?
[] Yes [] No
c. If you are appealing an interlocutory order, specify what authority (e.g. specific provision under R.C. 2505.02, other statute, or case law) that gives this court jurisdiction to hear the appeal:__________________
_______________________________________
_______________________________________
3. Settlement discussions:
a. How would you characterize the extent of your settlement discussions before judgment?
[] None [] Minimal
[] Moderate [] Extensive
b. Have settlement discussions taken place since the judgment or order appealed from was entered? [] Yes [] No
c. Would a mediation conference assist in the resolution of this matter?
[] Yes [] No
[] Maybe
I certify that the above information is accurate to the best of my knowledge. I also acknowledge that I must file the Notice of Appeal along with this Praecipe and Docketing Statement in the trial court.
___________________________
Appellant or Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that a copy of this Praecipe and Docketing Statement was served upon ________________________________________on______/____/ 20________in the following manner: ________________________________________.
________________________________
(Signature)
Ohio. Loc. App. R. 60 app A