Rule 9 - The record on appeal(A) Duty of the Appellant. It is the duty of the appellant to arrange for the timely transmission of the record, including any transcripts of proceedings, App.R. 9(C) statement, or App.R. 9(D) statement, as may be appropriate, and to ensure that the appellate court file actually contains all parts of the record that are necessary to the appeal. (1) Court Reporter. The court reporter is the person appointed by the trial court to transcribe the proceedings for the trial court. See App.R. 9(B)(2). (a) Praecipe. (i) If the appellant desires a transcript of proceedings to be prepared for inclusion in the record, the appellant must serve the court reporter with a praecipe that designates the dates and parts of the proceedings to be included. A copy of the praecipe, which has been signed by the court reporter, shall be filed in the trial court with the notice of appeal. See App.R. 9(B).(ii) No praecipe to the court reporter is necessary if the docket of the trial court reflects that the transcript was filed with the trial court, either as an exhibit to an original paper filed in the trial court, or independent of any other filings, provided it was submitted to the trial court for its consideration in the matter then pending before it. For example, no praecipe is necessary if a transcript of proceedings before a magistrate was filed in the trial court with objections to a magistrate's decision.(iii) No praecipe to the court reporter is necessary if the proceedings were transcribed for, and filed in, a prior appeal; however, if a party desires a transcript of proceedings from a prior appeal to be included in the record of a pending appeal, the party must move the court to supplement the record with that transcript.(B) Transcript of Proceedings(1) Page Limitation. No volume of a transcript of proceedings filed by a court reporter shall be more than two hundred (200) pages in length, except that a volume may extend to a maximum of two hundred fifty (250) pages if the extra pages are necessary to complete the testimony of a witness or to complete a part of the proceedings such as voir dire, opening statements, closing arguments, or jury instructions.(2) Exhibits. In addition to the requirements in App.R. 9, a transcript of proceedings prepared by a court reporter to be included in the record on appeal shall state "NO EXHIBITS IDENTIFIED" if there are no exhibits identified or otherwise referred to in the transcript. This statement shall be in place of the "index to exhibits" required in App.R. 9(B)(6).
(C) Certificate of Court Reporter. The certificate of the court reporter selected by the trial court, pursuant to App.R. 9, must be signed by the court reporter and must reflect the court reporter's appointment by the trial court. The following forms are suggested:(1) Complete Transcript.I, ____________, court reporter for the [name of court], duly appointed therein, do hereby certify that the foregoing transcript of proceedings, consisting of ___ pages together with exhibits, is a true and complete transcript of the proceedings conducted before the Honorable __________, judge of said court, on the ____day of _______, 20__, as transcribed by me.
Subscribed this ____day of _____, 20__.
[type name here]
(2) Partial Transcript.I, ____________, court reporter for the [name of court], duly appointed therein, do hereby certify that the foregoing transcript of proceedings, consisting of ___ pages together with exhibits, is a true partial transcript, as transcribed by me, of the proceedings conducted before the Honorable __________, judge of said court, on the ____day of _______, 20__, including the testimony of the witnesses named in the index to the transcript.
Subscribed this ____day of _____, 20__.
______________________
[type name here]
(D) Transcript included in the record on appeal. No transcript of proceedings shall be considered as a part of the record on appeal unless one of the following applies: (1) The court reporter has certified the transcript as provided in subsection (B) of this rule;(2) The record contains an entry of the trial court appointing the court reporter who has certified the transcript;(3) The transcript is a part of the original papers and exhibits filed in the trial court;(4) The transcript has been incorporated into an App.R. 9(C) statement that has been approved by the trial court; or, (5) The court of appeals has granted a motion to supplement the record with a transcript that was filed in a prior appeal.(E) Electronic Copy of the Transcript. The court reporter should include an electronic copy of the written transcript of proceedings if it is available. See App.R. 9(B)(6)(i). As an alternative to including it in the record, the court reporter may email an electronic copy of the transcript to transcript@ninth.courts.state.oh.us and include the case number in the subject of the email address.Adopted eff. 7/1/1998; amended eff. 1/1/2004; amended eff. 1/1/2006; amended eff. 2/1/2017; amended eff. 1/1/2022.