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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 January 21, 2015.


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 (be it printed or on compact disc) 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, except for those courts where the official practice is for the judge to electronically sign and/or stamp his/her signature. 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 January 21, 2015.

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) When the notice of appeal directs that transcripts of a trial or a hearing be included in the record, copies of all video or audio recordings that were introduced into evidence shall be transmitted to this Court along with the trial or hearing transcript. It shall be the responsibility of the party tendering the recordings at a trial or a hearing to ensure that a copy of the recording is included in the trial court record; however, it is the burden of the appealing party to ensure that a complete record is transmitted to this Court on appeal, including the transmission of video or audio recordings. If a transcript of a trial or a hearing is designated as part of the appellate record, the clerk of the trial court shall then include the copy of the recording in the appellate record transmitted to this Court. If a copy of a recording played at a trial or a hearing is not included with the transcript designated to be transmitted in the appellate record, this Court may take whatever action is necessary in order to ensure completion of the record, including, but not limited to, issuing a show-cause order requiring an explanation of its absence. The appellant=s failure to complete the record may also result in this Court declining to consider enumerations of error related to the missing evidence. Copies of any video or audio recordings of evidence shall be submitted to this Court on DVD or on video or audio compact disc, and shall include any proprietary software necessary to play the recordings.

(c)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.

(d)In lieu of a printed transcript, the trial court may certify and transmit the transcript on a compact disc, so long as the other requirements for transcripts have been satisfied. Any transcript submitted on a compact disc shall be in a searchable PDF format.

Rule amendment effective January 21, 2015.

Rule 19. Transmission of Transcript.

The original transcript shall be a separate document or compact disc 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 printed transcripts may be bound in separate parts. The court reporter and the trial court clerk shall certify each part.

Rule amendment effective January 21, 2015.

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. Original Evidence.

(a)No original evidence or original exhibits shall be transmitted to the Court with the appellate record initially. A party may file a motion with this Court to issue an order directing the trial court clerk to transmit original evidence or original exhibits for inclusion in the appellate record. The motion shall specify the particular evidence or exhibits that the party seeks to transmit, describe its general size and weight, and explain why the original evidence or exhibits are necessary for the determination of the appeal. The Court may grant the motion or issue such order on its own if it determines that the original evidence or exhibits would assist the Court in deciding the appeal.

(b) After the remittitur has been issued by this Court to the trial court, all original evidence or exhibits shall be returned to the trial court clerk.

Rule amendment effective January 21, 2015.