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The Record on Appeal

 

The "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.

 

 

After the record is filed, the parties must file their briefs.  GO TO BRIEFS

 

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