Appeals Process

Civil and criminal cases that fall under federal jurisdiction are generally heard in federal district courts. In the federal system, these courts are considered the lower courts.

Information about the structure and jurisdiction of federal courts:

• Federal Courts' Structure

• Federal Courts' Jurisdiction

Ohio Federal District Courts 

When a federal district court issues a decision a party may be able to obtain some relief from that court in certain circumstances without resorting to filing an appeal to a higher court.  Relief could come in the form of a new trial, a stay of judgment enforcement or other option listed below.

In a civil case a party may find relief in the Federal Rules of Civil Procedure.

Some civil rules which may be useful include, but are not limited to:

See Rule 53(f): Action on the Master's Order, Report, or Recommendations

See Rule 50: Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

See Rule 59:  New Trial; Altering or Amending a Judgment

See Rule 60: Relief from a Judgment or Order

See Rule 62: Stay of Proceedings to Enforce a Judgment

See Rule 62.1: Indicative Ruling on a Motion for Relief That is Barred by a Pending Appeal

In a criminal case a party may find relief pursuant to the Federal Rules of Criminal Procedure.

Some criminal rules which may be useful include, but are not limited to:

Rule 29: Motion for a Judgment of Acquittal

Rule 33: New Trial

Rule 34: Arresting Judgment

Rule 37: Indicative Ruling on a Motion for Relief that is Barred by a Pending Appeal

Rule 38: Staying a Sentence or Disability

Rule 59: Matters before a Magistrate Judge

The Southern and Northern Districts also have local rules which apply to cases heard in those courts. Click the link for the Southern District Local Rules and the Northern District Local Rules.

Circuit Courts

Parties wishing to appeal a final judgment from a lower court may generally file in the appropriate appellate circuit court. The government can generally only appeal the decision of the lower court in civil matters. Federal circuit courts consist of three-judge panels. 

• In Ohio the federal circuit court is the U.S. Court of Appeals for the Sixth Circuit.
• The Sixth Circuit hears cases from Kentucky, Michigan, Ohio and Tennessee.

Rules and procedures for the Sixth Circuit include:

• Federal Rules of Appellate Procedure

• Sixth Circuit Rules

• Sixth Circuit Internal Operating Procedures

• Sixth Circuit Guide to Electronic Filing

   

Information about circuit courts and the appeals process:

• Courts of Appeals

• The Appeals Process

U.S. Supreme Court jurisdiction, authority and rules:

In certain circumstances parties may appeal decisions of the federal circuit courts to the U.S. Supreme Court by making a petition for a writ of certiorari. After a party makes a petition for a writ of certiorari, the Court then generally can choose to agree or decline to hear the case. 

• 28 U.S.C. Chapter 81 provides detailed information about the Court's jurisdiction.

• Rules of the Supreme Court of the United States provides detailed information about making a petition for a writ of certiorari and supplies the guidelines for filing and practicing before the Court.

   

Information about the U.S. Supreme Court:

• U.S. Supreme Court information

Some useful forms and information include:

Sixth Circuit forms

Sixth Circuit Appeals Process Guide

Disclaimer: Hamilton County Law Library staff, as a service to its patrons, provides reference services and information, including these research guides. To protect the public interest, Ohio law requires that legal advice and services be rendered only by qualified attorneys who are subject to the guidelines of the courts. Library staff members do not interpret the law, provide legal advice, or explain court procedures. The information provided is not a substitute for legal advice from a licensed attorney.  None of our services shall be construed as giving legal advice.