Rule 11.04 - Transmission of the Record(A) Time for transmission; duty of appellant (1) The clerk of the trial court shall prepare a certifi ed copy of the docket and journal entries, assemble the original papers, and transmit the record on appeal to the Clerk of the Supreme Court within ninety days after the date the notice of appeal is filed in the Supreme Court, unless an extension of time is granted under division (C) of this rule. (2) The appellant shall take any action necessary to enable the Clerk to assemble and transmit the record, including, if required, filing a motion for an extension of time for transmission of the record under division (C) of this rule. Before the record is transmitted, the appellant shall verify with the clerk of the trial court that the record is complete and accurate and shall provide notice of the verifi cation to the clerk of the trial court for transmission with the record.(B) Duty of trial court and Supreme Court clerks(1)(a) Before transmitting the record to the Supreme Court, the clerk of the trial court shall number the documents, transcripts, and exhibits comprising the record. The clerk of the trial court shall prepare an index of the documents, transcripts, and exhibits, correspondingly numbered and identified. All exhibits listed in the index shall be briefly described. If applicable, a separate index shall be prepared identifying any exhibits that are part of the record, but which have not been transmitted under division (B)(3) of this rule. (b) At least ten days before the clerk of the trial court transmits the record, the clerk shall send a copy of each index to all counsel of record in the case.(c) When the clerk of the trial court transmits the record, it shall transmit the index with the record to the Clerk of the Supreme Court. (2) Documentary exhibits offered at trial whose admission was denied shall be included with the record and transmitted in a separate envelope with a notation that they were not admitted.(3) Transmission of the record is effected when the Clerk of the Supreme Court files the record. The Clerk shall notify counsel of record and the clerk of the trial court when the record is filed in the Supreme Court. (C) Extension of time for transmission of the record(1) The Supreme Court may extend the time for transmitting the record or, notwithstanding the provisions of S.Ct.Prac.R. 3.02, may permit the record to be transmitted after the expiration of the time prescribed by this rule or set by order of the Supreme Court. (2) A request for extension of time to transmit the record shall be made by motion, stating good cause for the extension and accompanied by one or more affidavits setting forth facts to demonstrate good cause. The motion shall be filed within the time originally prescribed for transmission of the record or within the time permitted by a previously granted extension. (3) A request for extension of time to transmit the record shall be accompanied by an affi davit of the court reporter if the extension is necessitated by the court reporter's inability to transcribe the proceedings in a timely manner. (D) Retention of copy of the record in the trial court (1) Before transmitting the record to the Clerk of the Supreme Court, the clerk of the trial court shall make a copy of the record. A copy of the original papers, transcript of proceedings, and any documentary exhibits shall be made by photocopying the original papers, transcript of proceedings, and documentary exhibits. A copy of any physical exhibits may be made by either photographing or videotaping the physical exhibits. A copy of a video, audio, or other electronic recording that is part of the record shall be made by making a duplicate recording. (2) The clerk of the trial court shall retain the copy of the record for use in any postconviction proceeding authorized by R.C. 2953.21 or for any other proceeding authorized by these rules. Ohio. R. Prac. S. Ct. 11.04
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.