Videotape Transcripts & Ohio's Appellate Rule 9(A)
Technology in the courtroom has changed how business is done. In several Ohio Counties, like Montgomery County located in Ohio's Second District, you won't find the traditional court reporter recording the events in the courtroom. Instead, the proceedings are videotaped.
The Appellant (the party initiating the appeal) has the duty of providing the complete record for the appeal. That includes a written transcript. Appellate Rule 9(A) states that the "videotape ... constitutes the transcript" when the proceedings are recorded by videotape. And Rule 9(A) states that, "When the transcript of proceedings is in the videotape medium, counsel shall type or print those portions of such transcript necessary for the court to determine the questions presented, certify their accuracy, and append such copy of the portions of the transcripts to their briefs."
So far in 2009, two appeals have been lost before they got started because the attorneys attached portions of transcript to their briefs but failed to "certify their accuracy" as required by Rule 9(A) and as explained at the end of Rule 9(B). Don't let this happen to you or your client.
