Institution of an Appeal of Right

(A) Perfection of appeal (1) To perfect an appeal of right as defined by Rule 5.01(A)(3) or (6), the appellant shall file a notice of appeal in the Supreme Court within forty-five days from the entry of the judgment being appealed. (2) To perfect an appeal of right as defined by Rule 5.01(A)(5), the appellant shall file a notice of appeal in the Supreme Court within twenty days from the entry of the judgment being appealed. (3) The time period designated in this rule for filing a notice of appeal is mandatory. The Clerk of the Supreme Court shall refuse to file a notice of appeal that is received for filing after this time period has passed. (B) Notice of appeal (1) The notice of appeal for an appeal of right shall state all of the following: (a) The name of the court whose judgment is being appealed; (b) The case name and number assigned to the case by the court; (c) The date of the entry of the judgment being appealed; (d) That one of the following is applicable: (i) The case originated in the court of appeals; The case originated in the court of common pleas and is an appeal (ii) of a contest of an election under R.C. 3515.15; (iii) The decision being appealed is from the denial of an application for DNA testing pursuant to R.C. 2953.73 by a person who has been sentenced to death. (2) (a) A date-stamped copy of the court’s judgment entry that is being appealed shall accompany the notice of appeal. For purposes of this rule, a date-stamped copy of the court’s judgment entry shall mean a copy bearing the file stamp of the clerk of the court and reflecting the date the court filed its judgment entry for journalization with its clerk. 39 In an appeal from a case that originated in the court of appeals, if the opinion (b) of the court of appeals serves as its judgment entry, a date-stamped copy of the opinion shall be attached. (C) Subsequent notices of appeal and cross-appeal (1) If a party timely files a notice of appeal in the Supreme Court, any other party may file a notice of appeal or cross-appeal in the Supreme Court within the time prescribed by division (A)(1) or (2) of this rule or ten days after the first notice of appeal was filed, whichever is later. A notice of appeal shall be designated and treated as a notice of cross-appeal if both (2) of the following requirements are met: (a) It is filed after the original notice of appeal was filed in the case; (b) It is filed by a party against whom the original notice of appeal was filed. Effective Date: January 1, 2013 Amended: January 1, 2015; June 1, 2017; April 1, 2025