Ohio App. R. 10

As amended through October 29, 2024

Rule 10 - Transmission of the Record

(A) Time for transmission; duty of appellant. The record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the clerk of the court of appeals when the record is complete for the purposes of appeal, or when forty days, which is reduced to twenty days for an accelerated calendar case, have elapsed after the filing of the notice of appeal and no order extending time has been granted under subdivision (C). After filing the notice of appeal the appellant shall comply with the provisions of App. R. 9(B) and shall take any other action reasonably necessary to enable the clerk to assemble and transmit the record. If more than one appeal is taken, each appellant shall comply with the provisions of App. R. 9(B) and this division, and a single record shall be transmitted when forty days have elapsed after the filing of the final notice of appeal. If the appellant has complied with the duty to make reasonable arrangements for transcription of the recorded proceedings under App. R. 9(B) and the duty to make reasonable arrangements to enable the clerk to assemble and transmit the record under this division, then the appellant is not responsible for any delay or failure to transmit the record.

(B) Duty of clerk to transmit the record. The clerk of the trial court shall prepare the certified copy of the docket and journal entries, assemble the original papers, (or in the instance of an agreed statement of the case pursuant to App. R. 9(D), the agreed statement of the case), and transmit the record upon appeal to the clerk of the court of appeals within the time stated in division (A) of this rule. The clerk of the trial court shall number the documents comprising the record and shall transmit with the record a list of the documents correspondingly numbered and identified with reasonable definiteness. Documents of unusual bulk or weight and physical exhibits other than documents shall not be transmitted by the clerk unless the clerk is directed to do so by a party or by the clerk of the court of appeals. A party must make advance arrangements with the clerks for the transportation and receipt of exhibits of unusual bulk or weight.
Transmission of the record is effected when the clerk of the trial court mails or otherwise forwards the record to the clerk of the court of appeals. The clerk of the trial court shall indicate, by endorsement on the face of the record or otherwise, the date upon which it is transmitted to the court of appeals and shall note the transmission on the appearance docket.
The record shall be deemed to be complete for the purposes of appeal, and thus ready for transmission to the clerk of the court of appeals, under any of the following circumstances:

(1) When the transcript of proceedings is filed with the clerk of the trial court if the appellant has ordered one.

(2) When a statement of the evidence or proceedings, pursuant to App. R. 9(C), is settled and approved by the trial court, and filed with the clerk of the trial court.

(3) When an agreed statement in lieu of the record, pursuant to Rule 9(D), is approved by the trial court, and filed with the clerk of the trial court.

(4) Where appellant, pursuant to App.R. 9(B)(5)(a), designates that no part of the transcript of proceedings is to be included in the record or that no transcript is necessary for appeal, after the expiration of ten days following service of such designation upon appellee, unless appellee has within such time filed a designation of additional parts of the transcript to be included in the record.

(5) When forty days have elapsed after filing of the last notice of appeal, and there is no extension of time for transmission of the record or a pending motion requesting the same in either the trial or the appellate court.

(6) When twenty days have elapsed after filing of the last notice of appeal in an accelerated calendar case, and there is no extension of time for transmission of the record or a pending motion requesting the same in either the trial or the appellate court.

(7) Where the appellant fails to file either the docketing statement or the statement required by App. R. 9(B)(5), within ten days of filing the notice of appeal.

(C) Extension of time for transmission of the record; reduction of time. Except as may be otherwise provided by local rule adopted by the court of appeals pursuant to App. R. 41, the trial court for cause shown set forth in the order may extend the time for transmitting the record. The clerk shall certify the order of extension to the court of appeals. A request for extension to the trial court and a ruling by the trial court must be made within the time originally prescribed or within an extension previously granted. If the trial court is without authority to grant the relief sought, by operation of this rule or local rule, or has denied a request therefor, the court of appeals may on motion for cause shown extend the time for transmitting the record or may permit the record to be transmitted and filed after the expiration of the time allowed or fixed. If a request for an extension of time for transmitting the record has been previously denied, the motion shall set forth the denial and shall state the reasons therefor, if any were given. The court of appeals may require the record to be transmitted and the appeal to be docketed at any time within the time otherwise fixed or allowed therefor. An appellant who moves under this division for an extension of time to transmit the record has good cause to do so if the appellant has reasonably complied with all applicable requirements of App. R. 9(B) and division (A) of this rule.

(D) Retention of the record in the trial court by order of court. If the record or any part thereof is required in the trial court for use there pending the appeal, the trial court may make an order to that effect, and the clerk of the trial court shall retain the record or parts thereof subject to the request of the court of appeals, and shall transmit a copy of the order and of the docket and journal entries together with such parts of the original record as the trial court shall allow and copies of such parts as the parties may designate.

(E) Stipulation of parties that parts of the record be retained in the trial court. The parties may agree by written stipulation filed in the trial court that designated parts of the record shall be retained in the trial court unless thereafter the court of appeals shall order or any party shall request their transmittal. The parts thus designated shall nevertheless be a part of the record on appeal for all purposes.

(F) Record for preliminary hearing in the court of appeals. If prior to the time the record is transmitted a party desires to make in the court of appeals a motion for dismissal, for release, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, the clerk of the trial court at the request of any party shall transmit to the court of appeals such parts of the original record as any party shall designate.

(G) Transmission of the record when leave to appeal obtained. In all cases where leave to appeal must first be obtained all time limits for the preparation and transmission of the record hereinbefore set forth shall run from the filing of the journal entry of the court of appeals granting such leave rather than from the filing of the notice of appeal.

Ohio. App. R. 10

Effective:7/1/1971; amended effective 7/1/1972;7/1/1973;7/1/1975;7/1/1976;7/1/1977;7/1/1982;7/1/2012;7/1/2014.

Staff Note (July 1, 2014 amendment)

App.R. 10(A) is amended to clarify that the appellant's duty is to make reasonable arrangements for the timely transmission of the record and that the appellant does not have the ability, and thus does not have the duty, to ensure that the record is transmitted once those reasonable arrangements have been made. That is not to suggest that an appellate court may reverse a judgment without a proper record; it simply clarifies that the appellant should not be penalized for any failure in transmitting the record (including any delay in producing a transcript of proceedings) if the deficiency is outside the appellant's control. See, e.g., Camp-Out, Inc. v. Adkins, 6th Dist. No. WD-06-057, 2007-Ohio-447 (denying motion to dismiss based on missing transcript). Cf. In re Efford, 8th Dist. No. 77747, 2000 WL 1514100, *1 (Oct. 12, 2000) (dismissing appeal because of appellant's failure to ensure timely transmission of complete record).

Similarly, App.R. 10(C) is amended to clarify that an appellant will presumably have the requisite good cause for extending the time to transmit the record if the appellant has complied with all applicable requirements to arrange for both the transcribing of the recorded proceedings and transmission of the record. The reference in App. R. 10(C) to App. R. 30 is also corrected to App. R. 41.

Staff Notes (July 1, 2012 Amendments)

The amendments to App.R. 10(B) are largely stylistic, designed to clarify the prior rule language. Note that the additions to App.R. 10(B)(5) and 10(B)(6) now provide that the record is not complete, even after the standard time for preparing the record has expired, if there is a pending motion to extend that time.