State ex rel. Motley v. Capers

The question of whether a transcript is unavailable within the meaning of App. R. 9(C) when an indigent appellant in a civil appeal can not afford to have one prepared is one of first impression before this court. All parties in civil actions have a statutory right to appeal an adverse lower court judgment. See R.C. 2505.03. In order to exercise that right, the appealing party must ensure that the trial court transcript is sent to the court of appeals for review. See, generally, App. R. 9. App. R. 9(C) governs situations where the transcript is unavailable and states:

“If no report of the…