The court of appeals does not accept new evidence on appeal that is offered to expand upon the record of evidence heard by the trial court, or otherwise offered to support or rebut the adjudicative facts determined by the trial court.
The court of appeals may admit additional evidence pertaining to the following matters: Standing of a party to prosecute or defend the appeal; mootness of the appeal due to intervening events; timeliness of the appeal when a party alleges that this was affected by technical or clerical errors by the clerk of court; fact-finding in connection with a request for stay, injunctive relief, or award of attorney fees; and alleged ineffective assistance of appellate counsel under App.R. 26(B)(8).
If the court decides to consider such evidence, it may refer the matter to a magistrate pursuant to App.R. 34(B) for hearing and oversight of the evidentiary process.
Ohio. Loc. App. R. 9.1