Ohio Loc. App. R. 3

As amended through October 29, 2024
Rule 3 - Notice Of Appeal, Praecipe And Docketing Statement
(A)Notice of Appeal. The notice of appeal shall have attached to it a copy of the judgment or order from which the appeal is taken, signed by the trial court judge and indicating the date the judgment or order was entered on the journal. Failure to attach the final judgment entry or order may be grounds for dismissal.
(1)Consolidated Appeals. If appealing from a judgment that has more than one trial court case number and the cases were not consolidated by the trial court, a party must file a separate notice of appeal for each trial court case number. A party is required to file only one notice of appeal from a judgment entered in cases which were consolidated in the trial court. The notice of appeal must list all consolidated trial court case numbers.
(2)Amending the Notice of Appeal. Where leave of court is required under Ohio App.R. 3(F), an Amended Notice of Appeal shall accompany a motion for leave to file an Amended Notice of Appeal. Any party may file a response in opposition to the motion within three days after service of the motion.
(B)Praecipe. A party shall file, with the notice of appeal, a fully completed praecipe, directing the clerk of the trial court to prepare a record of the original papers and exhibits thereto, and a certified copy of the docket and journal entries as specified in App.R. 9(A). The praecipe shall state whether the record will contain a transcript of proceedings pursuant to App.R. 9(B), or a statement pursuant to App.R. 9(C) or (D). If a party has filed a praecipe, a subsequent party filing an appeal need not file a praecipe unless the party requests additional parts of the record. If the record will contain a transcript of proceedings, the party shall take the praecipe to the court reporter who shall complete and sign the "court reporter's certification" at the end of the praecipe. A court reporter's certification that it will take longer than 40 days to prepare a transcript does not relieve the party of the obligation to get an extension of time to file the record. The court reporter who completes and signs the certification shall be the same individual who prepares the transcript of proceedings. The clerk of the trial court will provide the praecipe form required by this court. This form is also available in pdf format on the Ohio Sixth District Court of Appeals webpage at the "Forms" tab.

If a party designates in the praecipe that the record will include a transcript of proceedings, the party shall specify and enumerate with particularity those segments of the trial or hearing (i.e., voir dire, opening statements, testimony, closing arguments, charge of court, etc.), to be transcribed.

If a transcript of proceedings is to be filed in accordance with App.R. 9(B), a copy of the notice of appeal with the praecipe shall be served by the clerk of the trial court upon the court reporter. The party requesting a transcript of proceedings is responsible for contacting the court reporter to order the transcript of proceedings. The court reporter shall prepare only those portions of the transcript enumerated in the praecipe, subject to being made secure in the payment of his or her fees.

If a praecipe is required and is not filed with the notice of appeal in the trial court, it may be grounds for dismissal of the appeal.

(C)Docketing Statement. A party shall file a docketing statement with the notice of appeal or cross-appeal. The purpose of the docketing statement is to determine whether an appeal will be assigned to the accelerated or regular calendar and the suitability of the appeal for a mediation. The clerk of the trial court will provide the docketing statement form required by this court. This form is also available in pdf format on the Ohio Sixth District Court of Appeals webpage at the "Forms" tab.

If a party fails to file a docketing statement with the notice of appeal in the trial court, it may be grounds for dismissal of the appeal.

(D)Number and Transmittal of Copies . A party shall file with the trial court clerk an original and a sufficient number of copies of the notice of appeal (with a copy of the judgment entry from which the appeal is taken attached), praecipe and docketing statement to enable the clerk to transmit them as follows. Immediately upon receipt and in no event later than the next business day, the trial court clerk shall:
(1) place the original documents in the case jacket and keep one copy for his or her discretionary use;
(2) transmit 2 copies to the clerk of the court of appeals, along with the costs deposit and 2 copies of the trial court's appearance docket;
(3) transmit one copy to the court reporter if a transcript of proceedings has been ordered; and
(4) serve one copy on each counsel of record and each unrepresented party.

Ohio. Loc. App. R. 3

Amended, effective 6/1/1982; 8/1/1989; 9/1/1990; 10/1/1991; 7/1/1992; 7/1/1995; 1/1/1998; 7/1/2001; 7/1/2006; 1/1/2011; 7/1/2013,10/1/2018.