One of the most important elements of an appellate case is the record on appeal. This is a comprehensive set of documents that includes everything relevant from the trial that should be reviewed by the appellate court. Because no new evidence can be considered in an appeal, it is critical that the record on appeal is complete before being submitted for the case, as leaving out a crucial piece of evidence or testimony could mean the difference in a ruling in your favor. At The Appellate Law Firm, our team is here to help explain everything that goes into a record on appeal as well as any other questions you may have about your case. To learn more, call or contact our office today.
Original Papers and Exhibits
The first element of the record on appeal is the original papers and exhibits of the trial. This may include all original papers in chronological order, all depositions in chronological order, a list of all exhibits presented during trial, and in criminal cases a copy of the presentence investigation report.
Transcript of the Proceedings
The next element is the transcript of the proceedings, which may include the clerk’s transcript and the reporter’s transcript. The clerk’s transcript can include any documents that are in the trial court’s file such as the orders made or a record of the proceedings. The clerk’s transcript is often a more general collection of documents filed with the clerk of the court. Meanwhile, the reporter’s transcript is a word for word transcription of everything said in open court during the pre-trial hearings and the trial. It is written down by the court reporter, who then transcribes it for the appeal. Depending on the grounds of the appeal, you may need the clerk’s transcript, the reporter’s transcript, or both.
Option for an Appellant’s Appendix
Another option instead of collecting the clerk’s transcript is to prepare an appellant’s appendix. An appendix must be agreed upon by both parties in the appeal. An appellant’s appendix must include the following item — a chronological index of all items in the appendix, and alphabetical index of all items in the appendix, and all documents necessary for the issues on appeal. In addition, the judgement or order being appealed and notice of its entry in addition to any notices or motions to vacate the judgment or reconsider must be included. The procedural documentation such as the Notice of Appeal must be included in the index, and any exhibits admitted, lodged, or rejected that are pertinent to appeal are included even though they are not physically included in the bound volume of the appendix. A knowledgeable appellate attorney can review with you everything that will be included in the record on appeal in your case.
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Do you have questions about an appellate case and what goes into the record on appeal? If so, call the office or contact us today at The Appellate Law Firm to speak with an experienced appellate attorney about your case.