Ohio Loc. App. R. 9

As amended through October 29, 2024
Rule 9 - The Record On Appeal; Praecipe; Trial Clerk's Duties; Absence Of Court Reporter
(A) The appellant must file with the clerk of the trial court, and serve upon each of the parties, the notice of appeal and an attached certificate of service, dated and signed. This does not preclude the clerk of the trial court's requirement to separately serve the parties of record in accord with App.R. 3(E). The appellant must provide the clerk with the original and one copy as well as the necessary number of copies for service if filing in paper form.
(B) Simultaneously with filing the notice of appeal, the appellant must file with the clerk of the trial court, and serve upon each of the parties, a complete praecipe and docketing statement in accord with the form set forth in Appendix A to these local rules. The appellant must also provide the clerk with the original and one copy as well as the necessary number of copies for service if filing in paper form. Otherwise, if filing electronically, appellant may rely on the court's electronic transmission facilities to make service under App.R. 13(C)(6) to any party who is registered for electronic service on the court's electronic filing transmission facilities and does not need to provide any copies.
(C) The clerk of the trial court shall effect the following:
(1) The prompt service of the notice of appeal, praecipe and docketing statement; and
(2) The prompt service to the clerk of the court of appeals of a copy of the notice of appeal, and the praecipe and docketing statement with the filing fee.
(D) In transmitting the record, the clerk of the trial court shall:
(1) Include on the docket sheet [App.R. 10(B) ], the filing date and a brief description of each of the documents filed in the trial court;
(2) Ascertain that the journal entries have been signed by the judge and file-stamped; and
(3) Neatly assemble the original papers.
(E) The clerk of the trial court shall not transmit any trial exhibits consisting of weapons, ammunition, money, drugs, or any contraband, unless a majority of the members of the panel of the court of appeals assigned to hear the appeal issue a journal entry instructing the clerk to inform the custodian to make the retained exhibits available to the court for review on a date and at a time specified in the entry. A single member of the panel may issue a journal entry instructing the clerk of the trial court to inform the custodian to make the retained exhibits available for that judge's review at the secure area maintained by the custodian. Regardless of the location of the court's review, the custodian shall be present at all times and shall retain custody of the item(s) specified herein. After the court has concluded its review, the custodian shall return the specified item(s) forthwith to the appropriate secure area in accordance with established procedure. On the pagination sheet, the clerk shall identify the retained exhibits and their custodian.
(F) App.R. 9(B) describes a court reporter as "the person appointed by the court to transcribe the proceedings * * *." When a reporter is used to transcribe the events at trial, the record must reflect that reporter's appointment by the trial court. The court may make this appointment sua sponte or on motion. If an official court reporter is not then under contract to the court, then the trial court shall appoint a professional court reporter on a case-by-case basis.
(G) Any transcript of proceedings filed in support of an appeal shall consist of the original transcript as created by the official court reporter designated by the trial court under App.R. 9(B)(2). No party is permitted to file a copy of a transcript, which is hereby defined as not the original transcript created by the official court reporter, unless leave of court is requested and granted by this court. Any copy of a transcript may be sua sponte stricken by this court.

Ohio. Loc. App. R. 9

Adopted eff. 2/1/1999; amended eff. 7/1/1999; 6/1/2004; 2/1/2019; amended eff. 12/28/2020.