Rule 11.03 - Record on Appeal(A) Composition of record to be transmitted in an appeal from the court of appeals In an appeal of right from the court of appeals fi led pursuant to S.Ct.Prac.R. 5.01(A)(1) or (2), the record shall be transmitted in accordance with the applicable provisions of S.Ct.Prac.R. 15.01 through 15.09.
(B) Composition of the record to be transmitted in an appeal from the court of common pleas (1) In an appeal of right from the court of common pleas filed pursuant to S.Ct.Prac.R. 5.01(A) (4), the record shall be transmitted in accordance with S.Ct.Prac.R. 11.03(B) through (E) and 11.04. (2) Unless otherwise ordered by the Supreme Court, the record to be transmitted on appeal shall consist of the original papers filed in the trial court; the transcript of proceedings, an electronic version of the transcript, if available; and a certifi ed copy of the docket and journal entries prepared by the clerk of the trial court. (3) The custodian of the record shall not transmit any physical exhibits unless directed to do so by the Clerk of the Supreme Court or as provided by S.Ct.Prac.R. 11.03(B)(4). (4) The custodian shall transmit the jury questionnaires and any audio exhibits, video exhibits, and documents such as papers, maps, or photographs. (5) If exhibits are not transmitted pursuant to division (B)(3) of this rule, the custodian who certifi es the record shall designate in the index the exhibits not being transmitted and identify the custodian of those exhibits. (C) The transcript of proceedings; duty of appellant to order (1) The transcript of proceedings shall be prepared by the court reporter appointed by the trial court to transcribe the proceedings for the trial court. The reporter shall transcribe into written form all of the trial court proceedings, including pretrial, trial, hearing, and other proceedings. (2) Before filing a notice of appeal pursuant to S.Ct.Prac.R. 11.01(B)(1) in the Supreme Court, the appellant shall, by written praecipe, order from the reporter a complete transcript of the proceedings. (3) A transcript prepared by a reporter under this rule shall be in the following form: (a) The transcript shall include a front and back cover; the front cover shall bear the case name and number and the name of the court in which the proceedings occurred; (b) The transcript shall be fi rmly bound on the left side;(c) The fi rst page inside the front cover shall set forth the nature of the proceedings, the date or dates of the proceedings, and the judge or judges who presided;(d) The transcript shall be prepared on white paper, 8 1/2 by 11 inches in size, with the lines of each page numbered and the pages sequentially numbered; (e) An index of witnesses shall be included in the front of each volume of the transcript and shall contain page and line references to direct, cross, re-direct, and re-cross examination; (f) An index to exhibits, whether admitted or rejected, briefly identifying each exhibit, shall be included in each volume following the index of witnesses and shall reflect page and line references where each exhibit was identifi ed and offered into evidence, was admitted or rejected, and if any objection was interposed; (g) No volume of a transcript shall exceed two hundred fifty pages in length, except it may be enlarged to three hundred pages, if necessary, to complete a part of the voir dire, opening statements, closing arguments, or jury instructions. When it is necessary to prepare more than one volume, each volume shall contain the number and name of the case and be numbered sequentially and consecutively from the previous volume, and the separate volumes shall be approximately equal in length. (4) The reporter shall certify that the transcript is correct and complete. (D) Statement of the evidence or proceedings when no report was made or when the transcript is unavailable If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection. The statement shall be served on the appellee no later than twenty days prior to the time for transmission of the record pursuant to S.Ct.Prac.R. 11.04. The appellee may serve objections or proposed amendments to the statement within ten days after service. The statement and any objections or proposed amendments shall be forthwith submitted to the trial court for settlement and approval. The trial court shall act prior to the time for transmission of the record pursuant to S.Ct.Prac.R. 11.04, and, as settled and approved, the statement shall be included by the clerk of the trial court in the record on appeal.
(E) Correction or modifi cation of the record If any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated in the record, the parties by stipulation, or the trial court, either before or after the record is transmitted to the Supreme Court, or the Supreme Court, sua sponte or upon motion, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certifi ed and transmitted. All other questions as to the form and content of the record shall be presented to the Supreme Court.
Ohio. R. Prac. S. Ct. 11.03
Amended: 4/1/1996; 6/1/1998; 6/1/2000; 7/1/2004; 10/1/2005; 1/1/2008; 1/1/2010;1/1/2013.