The Record on Appeal
"record" includes the original papers filed in the trial court, the
transcript of proceedings, and the exhibits to the original papers and
transcripts, if any. App.R. 9(A). When the Court of Appeals
decides whether the trial court made a mistake in its decision, the
Court can only review the evidence and documents that are part of the
trial court record.
You may decide you want to include a transcript of a
trial or a hearing in the record on appeal. If you do, you must
prepare and file a praecipe to the court reporter. The praecipe
must be signed by the court reporter before it is filed. App.R.
9(B) gives detailed instructions on the steps the appellant must take to
request a transcript of proceedings.
The record must
be transmitted to the Court of Appeals within 40 days of the
filing of the notice of appeal. App.R. 10(A). The
trial court can extend the time for transmitting the record once.
Local Rule 5(D). After that, you must file a motion for more time
to file the record with the Court of Appeals.
The appellant has the burden of making sure that the
record is transferred to the court of appeals and that it includes everything
the appellant asked for in the Docketing Statement and praecipe.
Local Rule 5(A). If you think something is missing after the
record has been transferred from the trial court to the Court of
Appeals, you must file a motion in the Court of Appeals asking the Court
to supplement the record with the missing material. You must show that whatever you believe
is missing was actually part of the proceedings in the trial court and
that it should have been included but was accidentally left out of the
record on appeal.