Ohio Loc. App. R. 3

As amended through October 15, 2024
Rule 3 - Notice of Appeal, Docketing Statement and Praecipe
(A) Notice of appeal and docketing statement. Each appellant and each cross-appellant shall file a notice of appeal together with a docketing statement and a copy of the trial court judgment(s) from which the appeal is taken.
(B) Statement and Praecipe. Each appellant and cross-appellant shall file a praecipe with their respective notice of appeal. This praecipe shall be combined with and shall additionally constitute the document prescribed by Appellate Rule 9 to be filed with the clerk of the trial court. A copy of the combined statement and praecipe shall be served by the appellant on the appellee in fulfillment of the requirements of Appellate Rule 9(B). No oral direction by counsel will be recognized. The combined statement and praecipe shall be in whichever of the following forms is appropriate and the clerk shall in no circumstances accept any form other than one substantially as hereinafter set forth:
(1) (trial court caption)

STATEMENT AND PRAECIPE

(Complete Transcript)

TO THE APPELLEE(S):

The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a complete transcript of all trial proceedings, excluding voir dire pursuant to Local Rule 5(B).

(OR)

The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a complete transcript of all trial proceedings, including voir dire.

TO THE CLERK:

Immediately prepare and assemble the original papers and exhibits thereto filed in the court and a certified copy of the docket and journal entries. As a complete transcript of proceedings (as above) will be included by the appellant(s) as part of the record to portray the assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the complete transcript of proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the complete transcript of proceedings delivered to you by the undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the complete transcript of proceedings within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within any proper extension of the time for transmission of the record, as prescribed by the Appellate Rules or the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals, without such transcript of proceedings, for file as the record on appeal.

(signature)

(2) (trial court caption)

STATEMENT AND PRAECIPE

(Partial Transcript) TO

THE APPELLEE(S):

The appellant(s) hereby state(s) that (he) (she) (it) (they) intend(s) to include in the record a partial transcript of the proceedings in the trial court consisting of: (here describe the parts of the proceedings which appellant(s) intend to include in the record) and intend(s) to present the following assignment(s) of error on the appeal: (here set forth a statement of such assignment(s) of error).

TO THE CLERK:

Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As a partial transcript of proceedings (as above) will be included by the appellant(s) as part of the record to portray the above assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the partial transcript of proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the partial transcript of proceedings delivered to you by the undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the partial transcript of proceedings (as above) within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within any proper extension of the time for transmission of the record, as prescribed by the Appellate Rules or by the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals, without such partial transcript of proceedings for file as the record on appeal.

(signature)

(3) (trial court caption)

STATEMENT AND PRAECIPE

(No Transcript)

TO THE APPELLEE(S):

The appellant(s) hereby state(s) that no transcript of proceedings is necessary and none will be included as part of the record on appeal.

TO THE CLERK:

Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As only these documents will be necessary to portray the errors to be assigned on the appeal, within ten days following service hereof upon the appellee(s), or pursuant to accelerated calendar scheduling order, transmit them to the clerk of the Court of Appeals of this County for file as the record in case number in that court, unless within such ten days, the appellee(s) has filed a designation of parts of the transcript or other parts of the proceedings to be included in the record.

(signature)

(4) (trial court caption)

STATEMENT AND PRAECIPE

(Statement of Evidence)

TO THE APPELLEE(S):

The appellant(s) hereby state(s) that a statement of the evidence or proceedings (Appellate Rule 9(C) will be submitted to be included as part of the record on appeal).

TO THE CLERK:

Immediately prepare and assemble the original papers and exhibits thereto filed in the trial court and a certified copy of the docket and journal entries. As a statement of the evidence or proceedings (as above) will be included by the appellant(s) as part of the record to portray the above assignment(s) of error, do not transmit these documents to the clerk of the Court of Appeals of this county for file in case number in that court until the statement of the evidence or proceedings (as above) has been delivered to you by the undersigned. At that time you will transmit the documents prepared and assembled by you and the statement of the evidence or proceedings delivered to you by the undersigned to the clerk of the Court of Appeals for file as the record on appeal. In the event that the undersigned does not furnish you with the statement of the evidence or proceedings (as above) within forty days after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or within a proper extension thereof, as prescribed by the Appellate Rules or by the Local Appellate Rules, then upon such fortieth day, or pursuant to scheduling order, or upon the last day of any proper extension of the time for transmission of the record, you shall transmit the documents prepared and assembled by you to the clerk of the Court of Appeals without such statement of the evidence or proceedings, for file as the record on appeal.

(signature)

(5) (trial court caption)

STATEMENT AND PRAECIPE

(Agreed Statement)

TO THE APPELLEE(S):

The appellant(s) hereby state(s) that in lieu of the record on appeal as defined by Appellate Rule 9(A) the cause will be submitted on appeal on an agreed statement of the case (Appellate Rule 9(D) ).

TO THE CLERK:

Delivered to you herein is a statement of the case agreed to by the parties or their counsel, together with such additions as the trial court may consider necessary, and approved by the trial court (Appellate Rule 9(D) ). Immediately (and no later than the fortieth day after the filing of the notice of appeal, or within the time for filing the record set forth in the accelerated calendar scheduling order, or no later than the last day of a proper extension of the time for transmission of the record) certify this agreed statement of the case to the Court of Appeals of this county to constitute the record on appeal in lieu of the record defined by Appellate Rule 9(A) and transmit same to the clerk of that court for file in case number therein.

(signature)

(C) Obligations of Clerk. The clerk of the trial court shall provide docketing statement forms as prescribed by the court. The clerk of the trial court shall transmit a copy of the notice of appeal, the judgment(s) from which the appeal is taken, the statement and praecipe and the docketing statement to the clerk of the court of appeals, and transmit a copy of the notice of appeal to appellee(s).

Ohio. Loc. App. R. 3

Amended effective 7/1/1984; 7/1/1988; 10/1/1991; 6/16/1994; 6/19/2000; 6/24/2002.