Rule 11 - Docketing the Appeal; Filing of the Record(A) Docketing the appeal. Upon receiving a copy of the notice of appeal, as provided in App. R. 3(D) and App. R. 5, the clerk of the court of appeals shall enter the appeal upon the docket. An appeal shall be docketed under the title given to the action in the trial court, with the appellant identified as such, but if the title does not contain the name of the appellant, the appellant's name, identified as appellant, shall be added parenthetically to the title.(B) Filing of the record. Upon receipt of the record, the clerk shall file the record, and shall immediately give notice to all parties of the date on which the record was filed. When a trial court is exercising concurrent jurisdiction to review a judgment of conviction pursuant to a petition for post-conviction relief, the clerk shall either make a duplicate record and send it to the clerk of the trial court or arrange for each court to have access to the original record.(C) Dismissal for failure of appellant to cause timely transmission of record. If the appellant fails to make reasonable arrangements to transmit the record timely, any appellee may file a motion in the court of appeals to dismiss the appeal. The motion shall be supported by a certificate of the clerk of the trial court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for transmitting the record, and by proof of service. The appellant may respond within ten days of such service.(D) Leave to appeal. In all cases where leave to appeal must first be obtained the docketing of the appeal by the clerk of the court of appeals upon receiving a copy of the notice of appeal filed in the trial court shall be deemed conditional and subject to such leave being granted.Effective:7/1/1971; amended effective 7/1/1975;7/1/1997;7/1/2014.Staff Note (July 1, 2014 amendment)
App.R. 11(C) is amended to clarify that the appellant's duty is to make reasonable arrangements for the timely transmission of the record and that the appellant does not have the ability, and thus does not have the duty, to ensure that the record is transmitted once those reasonable arrangements have been made. That is not to suggest that an appellate court may reverse a judgment without a proper record; it simply clarifies that the appellant should not be penalized for any failure in transmitting the record (including any delay in producing a transcript of proceedings) if the deficiency is outside the appellant's control. See, e.g., Camp-Out, Inc. v. Adkins, 6th Dist. No. WD-06-057, 2007-Ohio-447 (denying motion to dismiss based on missing transcript). Cf. In re Efford, 8th Dist. No. 77747, 2000 WL 1514100, *1 (Oct. 12, 2000) (dismissing appeal because of appellant's failure to ensure timely transmission of record).