When dealing with the Ohio appellate court...are the transcripts that are sent over from the trial court allowed to be in an audio format? There is no court reporter in Wadsworth...the judge told me they do audio recordings. In my brief I referenced to the SECOND issues I was speaking of.
But I was told by a clerk at the appellate court that I was supposed to get them transcribed...the judge wouldn't allow a court reporter. So I am at a loss...
Transcribed court proceedings are the way to go. I urge you to hire appellate counsel. Your post reveals you are in way over your head here.
Audio is insufficient. The appellate court will dismiss your case without a written transcript. The transcript must be prepared and certified by an accredited court reporter (which you must pay for unless you are indigent, the subject of the appeal is criminal and the charge you were convicted of has a potential for jail time, which I assume is not the case or you would have been advised of your right to counsel). You must cite to pages in the transcript in your brief to demonstrate where you claim error occurred so that the appellate court can refer to those portions of the transcript. If you want to use less than a full transcript, there is a notice procedure you have to follow at the outset of the case. It sounds like you missed the time you could have employed this procedure.
There are strict time limits for submitting a transcript. It should be done before the record is transmitted. However, the appellate court may allow submission via a motion to supplement the record. It is up to the appellate court whether they will allow that. Additionally, you may need to obtain an order from the trial court to allow the use of a particular court reporter since the court apparently does not have an official court reporter.
I agree with Attorney Brinkmeier that you are in over your head. You apparently already submitted your brief. You will have a lot to accomplish in a short period of time to have any chance of review by the appellate court. Frankly it might be too late to get it done. An experienced appellate lawyer could advise you on what needs to be done and the possibility that the appellate court will even allow you to supplement the record.
The court is not required in a civil matter to prepare a written transcript. It is your responsibility to take the court's audio recording and to have an accurate transcription made and filed with the appellate court.
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