§ Rule 1.33 Form and contents of record
Rule 1.33. Form and contents of record
(a) Duties of Clerk to Assemble Record. After the designations of the record are made, the clerk shall promptly assemble in chronological sequence all of the instruments on file which have been designated for inclusion in the record on appeal and all orders made in the trial court with respect to the content of the transcript and assessment of cost. The instruments, numbered consecutively, indexed and bound, shall be certified under the seal of the clerk. All designations of record shall be included. A copy of the appearance docket shall be included in the record on appeal.
(b) Abbreviation of Record; Certified Copies of Instruments. If the items of an account or the pages attached to the pleadings be voluminous, the trial court may order the record to be abbreviated by a narrative description of the omitted instrument, or by omitting such instrument entirely. The trial court may direct, for good cause shown, that certified copies be substituted either for original instruments (or their portions) or for trial exhibits.
(c) Duties of Court Reporter to File Transcripts and Assemble Exhibits, Copy of Transcript Upon Payment, and Duty of Appellant to Monitor Preparation. The original transcript indexed and certified as correct together with two (2) certified copies and the exhibits in the case if any shall be filed in the trial court by the court reporter. Transcripts shall be completed and filed in the trial court as soon as practicable after they have been ordered, and in any event within sufficient time to permit the court clerk to file the Notice of Completion of Record within six (6) months after the filing of the judgment, decree or order from which the appeal was taken.
The trial exhibits shall be indexed and incorporated into the transcript either by reference or physical attachment, as the court reporter may deem advisable. However, only two dimensional exhibits no larger than 8 1/2 “ x 14” may be transmitted to the Supreme Court with the record, except upon order of the Court.
If any party desires a copy of a transcript for his or her sole use such party shall procure it from the court reporter upon payment of cost.
If a transcript is sought to be included in the record on appeal, it shall be the responsibility of the trial court to expedite the preparation thereof by such orders, prospective or retrospective, to assure the earliest possible completion of the record. The appellant has the burden of monitoring the preparation of the appellate record and seeking relief from the trial court for its timely completion.
(d) Definition of Record on Appeal. The record on appeal shall consist only of those portions of the “entire trial court record” properly designated by a party to the appeal or ordered by the appellate court. The “entire trial court record” shall consist of all papers and exhibits filed in the trial court, the reporter's notes and transcripts of proceedings, and the entries on the appearance docket in the office of the trial court clerk. A copy of the appearance docket shall be included in the record on appeal. Only papers filed and exhibits presented to the trial court together with transcripts necessary to the appeal may be included in the record on appeal.
(e) Access to the Record by Parties or Counsel. Until a uniform rule of procedure has been promulgated by this court, the parties shall have access to the transcript and to the bound instruments on file in the trial court on such terms as that court may impose.
(f) Access to the Record by Parties or Counsel in Custody/Visitation Disputes. When a parent intends to appeal a custody or visitation determination and the trial court has previously held an in camera interview with the child or children, and a transcript of the proceeding was taken either by order of the trial court or by request of the parties, the transcript shall be provided the parties upon request and payment of costs. If no appeal is taken, it is within the trial court's discretion whether to allow the parties access to the transcripts.
Adopted July 10, 1996
Effective January 1, 1997