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Rules



These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.

This publication contains the rules and all amendments thereto made through July 24, 2014.


V. RECORDS AND TRANSCRIPTS

Rule 17. Duty of Trial Court Clerks.

The clerk of the trial court shall certify and transmit to the Clerk of this Court the original transcript and copies of all records as required within the time prescribed by statute. Trial court orders included in the record must contain the signature of the trial court judge. Conformed signatures, stamped signatures, and signatures with permission shall not be permitted. Transmittal shall be made by the clerk or deputy clerk personally or by first class United States mail, express mail, or commercial courier or delivery service, charges prepaid. Transmittal by a party or attorney is prohibited.


Rule amendment effective December 17, 2011.

Rule 18. Preparation and Arrangement of Records and Transcripts.

(a) Records and transcripts, to include depositions, shall be printed on one side of letter-size, white paper of good quality with ample spacing (at least double spaced) and margins so that they may be easily read. The margin at the top shall be of sufficient space so that the transcript may be read when folded over at the top. Type size shall not be smaller than 10 characters per inch. Notwithstanding the 10 characters per inch requirement, the Court shall accept in lieu thereof Times New Roman Regular 14pt. The record shall include an index. The pages of the record shall be numbered consecutively on the bottom of the page.

(b) Any records or transcripts delivered to this Court from the trial court, and sealed by the trial court, with an order of the trial court attached to the record, shall remain sealed until a motion is made to unseal the record and/or the record is unsealed by this Court. Counsel for any party may move this Court for an order to unseal or seal any record in the Court.

Rule 19. Transmission of Transcript.

The original transcript shall be a separate document and not attached to the record. It shall show the style of the case, contain an index, and the pages shall be numbered consecutively. Voluminous transcripts may be bound in separate parts. The court reporter and trial court clerk shall certify each part.

Rule 20. Objections to Records or Transcripts; Waiver.

Appellee shall be deemed to have waived any failure of the appellant to comply with the provisions of the Appellate Practice Act relating to the filing of the transcript of the evidence and proceedings or transmittal of the record to this Court, unless objection thereto was made and ruled upon in the trial court prior to transmittal and such order is appealed as provided by law.

Rule 21. Physical Evidence - Original Evidence.

Any party relying on physical evidence may include as a part of the transcript or record a photograph, a video or an audio recording of the evidence, together with an explanation or description, if deemed necessary, in lieu of transmitting the original evidence. No original evidence or exhibits shall be transmitted to the Court unless the Court directs the clerk of the trial court to transmit such original evidence or exhibits, or upon the grant of a written motion of the party or parties desiring such original evidence or exhibits to be transmitted to the Court. The motion shall be specific as to what original evidence or exhibits shall be transmitted to the Court and the reason such original evidence or exhibits are necessary for the determination of the appeal. After the remittitur has been issued from the Court to the trial court, all original evidence or exhibits shall be returned to the clerk of the trial court. In no event, unless directed by this Court, shall physical evidence be transmitted to the Court which is bulky, cumbersome, or expensive to transport, or which, by reason of its nature, is dangerous to handle, or which is contraband. Any video or audio recording of evidence shall be submitted to the Court of Appeals in one of the following formats: VHS, DVD, video or audio CD, or audio cassette tape.