Ohio Loc. App. R. 9

As amended through October 29, 2024

Rule 9 - RECORD

(A)Motions for Extension of Time to Transmit the Record

(1) All motions for extension of time to transmit the record on appeal, pursuant to App.R. 10(C), shall be made to this court, rather than to the trial court. No entry of the trial court attempting to extend time for transmitting the record will be recognized by this court, and it remains the duty of the appellant to cause timely transmission of the record or to seek an extension of time from this court if good cause therefor exists.

(2) Applications for extension of time to transmit the record shall be made by written motion setting forth good cause therefor. If the extension request is necessitated by the inability of the court reporter to timely transcribe the transcript of the proceedings below, the application for extension of time shall be accompanied by an affidavit of the court reporter so stating.

(B)When Clerk to Transmit the Record

The record shall be transmitted by the clerk of the trial court at the time specified by App.R. 10(B) and this rule, unless this court has granted an extension of time and certified a copy thereof to the clerk of the trial court.

If at least one of the designations required to be filed by App.R. 9(B) is not made with an appellant's notice of appeal (that is, appellant files a notice of appeal and nothing additional), the clerk of the trial court shall transmit the record on appeal 10 days after the filing of the notice of appeal, unless within that time another party also files a notice of appeal and complies with App.R. 9(B).

(C)Return of Record to the Trial Court by Order of this Court

If the record or any part thereof is required by the trial court for use following the transmittal thereof to the clerk of this court, the trial court, or any party to the appeal, may request, in writing filed with the clerk of the appellate court, that the record or a portion thereof, not retained pursuant to App.R. 10(D), be returned to the clerk of the trial court for temporary use by that court. If this court grants the request, the clerk of this court shall forthwith forward the record to the clerk of the trial court. The clerk of the trial court shall return the record to the clerk of this court not later than the time specified in the order.

Ohio. Loc. App. R. 9

Amended effective 7/1/2015; as amended effective 7/1/2021; amended effective 7/1/2023; amended effective 7/1/2024.