Rule 11 - Docketing Of Appeals From Trial Court Electronic Filing Systems In Asbestos Cases(A)Appeals In Asbestos Cases. When an asbestos case has been processed at the trial level under a court-ordered or court approved electronic filing system, the parties shall facilitate the docketing of an appeal in this court. The appeal will be assigned to the regular calendar. The documents to be transmitted on appeal will include:(1) Any documents or exhibits originally filed in the trial court in hardcopy (paper) format; (2) Signed and journalized copies of the final appealable orders upon which the appeal is based; and(3) Stipulated paper copies of the electronic trial court filings that the parties deem necessary to provide a record for appellate review. The appellant is responsible for providing the appropriate record, but all parties shall affirmatively cooperate to assist the clerk of the trial court in obtaining and transmitting an agreed record.
(B)Procedure. It is a standing order of this court that an appeal under this rule will proceed in accordance with the applicable provisions of App.R. 9(E) and 10(E), and that the parts of the electronic record not necessary for transmittal to this court of appeals shall be retained in the trial court pending further order. (1)Responsibilities of Appellant. The appellant shall create a supplemental record pursuant to App.R. 9(E) by providing the clerk of the trial court with paper copies of any electronic filings that the parties deem necessary for review on appeal and pursuant to the following schedule: (a) Within 21 days of filing the notice of appeal, the appellant shall serve upon appellee a proposed stipulation that designates the trial court filings believed necessary for a full and fair review by the court of appeals; (b) Within 14 days after the proposed stipulation is provided to the appellee, the appellant shall file with the clerk of the court of appeals a written stipulation by the parties to the appeal that designates the agreed filings believed necessary for transmittal to the court of appeals; if appellee fails to timely respond, the designation shall be filed by the appellant with certification that the filing complies with section (1)(a) of this rule.(c) Within five days thereafter, the appellant shall file with the clerk of the trial court a copy of the stipulation of the agreed filings, the neatly assembled photocopies of each stipulated electronic filing, as well as the signed and journalized entry from the trial court for each order on appeal. Simultaneously, the appellant shall draft and file a praecipe directing the clerk to certify and transmit the stipulated papers as a supplemental record on appeal pursuant to App.R. 9(E) and within the time requirements of App.R. 10.(2)Provisions Applicable to Appellants and Appellees.(a) All parties to the appeal shall make a timely and good faith effort to confer and agree to a reasonable stipulation of the filings necessary to comprise the record on appeal and shall assist one another in providing copies of the filings for the clerk of the trial court to certify and transmit to the clerk of the court of appeals.(b) In cases involving numerous parties, each side shall cooperate to designate, by motion filed in this court, one or more attorneys as liaison counsel who agree to receive and disseminate appellate filings from opposing counsel and notices from the clerk of the court of appeals. The liaison counsel shall be responsible for promptly distributing copies electronically, or in such manner as agreed by the parties, to all co-parties, which service will constitute due notice. The parties with a common interest must try to prepare a common brief as set forth in Loc.App.R. 3(C)(1). Each side shall notify this court by motion at least seven days prior to oral argument to designate the counsel chosen to present oral argument.(c) If necessary to resolve differences regarding procedure on appeal, a party may file a motion for a prehearing conference pursuant to Loc.App.R. 20. The motion must include an attached affidavit that, after personal consultation and sincere attempts to resolve differences, the parties are unable to reach an accord. This statement shall recite those matters that remain in dispute and a detailed recitation of the efforts that have been made to resolve any such dispute.(d) Upon its own motion or a party's motion, the court of appeals may modify any provision of this rule in a particular case.Adopted eff. 8/1/2005; amended eff. 1/1/2010; 2/1/2019; amended eff. 12/28/2020.