Rule 3 - Appeal as of right - how taken(A) Notice of Appeal(1) In Civil Cases. When filing a notice of appeal more than 30 days from journalization of a final judgment in a civil case in which the appellant claims that the trial court did not properly serve notice of the final judgment, the appellant shall attach to the notice of appeal a certified copy of the trial court docket. If the appellant fails to comply with this subsection, the court may dismiss the appeal without notice to the parties. See App.R. 4(A); Civ.R. 58(B).(2) Subsequent Notices of Appeal and Cross-Appeal. If a party timely files a notice of appeal, any other party may file a notice of appeal or cross-appeal within the time prescribed by the Ohio Rules of Appellate Procedure. A notice of appeal shall be designated and treated as a notice of cross-appeal if both of the following requirements are met: (i) it is filed after the original notice of appeal was filed in the case; and(ii) it is filed by a party against whom the original notice of appeal was filed.(3) A party is required to file only one notice of appeal from a judgment entered in cases consolidated in the trial court. The notice of appeal must list all consolidated case numbers. The appeal will proceed under one case number unless otherwise ordered by the court.(4) A party is required to file one notice of appeal from each judgment entered in cases that were considered together in the trial court but not consolidated.(B) Docketing Statement. Each appellant shall file a completed docketing statement on the form prescribed by this court, which is reproduced in the appendix, with the clerk of the trial court at the same time as filing the notice of appeal. The clerk will provide docketing statement forms as provided by the court. If no forms are readily available, the appellant may copy the form, provided it is copied legibly and in its entirety, or the form may be printed from the court's web site. The appellant shall file an original plus sufficient copies of the docketing statement to permit the clerk of the trial court to send a copy to the clerk of the court of appeals and to each person or entity who was a party in the proceedings from which the appeal is taken. (1) Parties.(a) Enumeration of Parties. Each appellant shall include on the docketing statement and, if necessary, on a separate sheet attached to the docketing statement, the names of all persons or entities who were named as parties to the proceedings from which the appeal is taken, each party's designation in the trial court proceedings (i.e., plaintiff, defendant, intervenor), the name of the attorney representing the party, his or her registration number, address and phone number, or, if the party is not represented by counsel, the address and phone number of the party.(b) Designation of Parties. The appellant shall designate as an appellee any party to the proceedings below whose interests may be adversely affected by reversal of the judgment or order from which the appellant appeals. All other parties to the proceedings shall retain, throughout the appeal, the designation used by the trial court (plaintiff, defendant, etc.), unless otherwise ordered by this court. Any party designated as an appellee by the appellant may move the court to withdraw from the appeal. Any party not designated as an appellee by the appellant may move the court to proceed as an appellee.(2) Trial Court Judgment Entry.(a) Attachment to Docketing Statement. The appellant shall attach to the docketing statement a copy of the final judgment entry of the trial court or agency from which the appeal is taken and any other orders that demonstrate that this court has jurisdiction to hear the appeal. If copies do not show a legible time-stamp, the appellant must include other evidence of the date on which each entry or order was journalized by the clerk of the trial court or, if the appeal is taken from an order of another agency, was finalized by that agency pursuant to law.(b) Attachment to Brief. Attachment of the final judgment entry and other orders to the docketing statement does not relieve the party of the obligation to attach a copy of the same entry or orders to the brief, pursuant to Loc.R. 16.(C) Duty of the Clerk of the Trial Court. The clerk of the trial court shall transmit a copy of the notice of appeal, the docketing statement with the judgment attached, and a copy of the praecipe to the court reporter, if any, to the clerk of the court of appeals and to counsel of record for each party to the proceedings from which the appeal is taken, or, if a party is not represented, to the party, within three business days after the filing of the notice of appeal. (D) Failure to File a Docketing Statement. If the appellant fails to file a docketing statement pursuant to this rule, the court may dismiss the appeal. (E) Notification of Change of Address. If the address listed on the docketing statement for any party to the appeal or for counsel of record is incorrect or changes during the course of an appeal, the party or attorney shall file a written notice of change of address with the clerk of the appellate court. The clerk of the appellate court shall note upon the docket the change of address of the party or attorney.Adopted eff. 7/1/1998; amended eff. 1/1/2004; amended eff. 1/1/2006; amended eff. 2/1/2017; amended eff. 1/1/2022.COMMENT
The added language is intended to provide additional guidance to parties when completing the docketing statement.