Ohio S.Ct.Prac.R. 11.03

(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 filed pursuant to Rule 5.01(A)(1) or (2), the

record shall be transmitted in accordance with the applicable provisions of Section 15.

(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 Rule

5.01(A)(4), the record shall be transmitted in accordance with Rules 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 certified 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 Rule 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 certifies 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 b y 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 c ourt proceedings, including pre trial, trial, hearing, and

other proceedings.

(2) Before filing a notice of appeal pursuant to Rule 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 nam e of the court in which the proceedings

occurred;

(b) The transcript shall be firmly bound on the left side;

(c) The first 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 identified and offered into

evidence, was admitted or rejected, and if any objection was interposed;

(g) No volume of a transcript shall exc eed 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 Rule 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 Rule 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 modification 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 mis statement be corrected, and if

necessary that a supplemental record be certified and transmitted. All other questions as

to the form and content of the record shall be presented to the Supreme Court.

Effective: June 1, 1994