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(a) Composition of Record. The record on appeal consists of the entire superior court file, including the original papers and exhibits filed in the superior court, and the electronic record of proceedings before the superior court.
(b) Preparation of Transcript.
(1) Designation of Parts of Record to be Transcribed.
(A) At the time the notice of appeal is filed, the appellant shall file and serve on the other parties to the appeal a designation of the parts of the electronic record which appellant intends to transcribe. The appellant shall designate all parts which are essential to a determination of the issues on appeal. Within 10 days after service of appellant's designation, any other party to the appeal may file and serve a designation of additional parts of the electronic record to be transcribed.
(B) If a party designates an entire trial or hearing, the party's designation shall include only the nature and dates of the proceeding. If a party designates parts of a trial or hearing, the party's designation shall include the nature and dates of the proceeding, the tape and log numbers where these parts appear, and a narrative description of the portions requested. If a party designates a portion of a witness' testimony, it must appear from the party's narrative description that part of the witness' testimony has been omitted.
(2) Preparation at Public Expense. The clerk of the trial courts shall arrange for preparation of the transcript in cases in which the transcript is prepared at public expense. The transcript shall include all parts of the electronic record designated by the parties to the appeal; however, the voir dire examination of jurors and jury instructions shall not be transcribed unless a party has specifically requested these portions of the trial.
(3) Preparation Not at Public Expense. In cases in which the transcript is not prepared at public expense, the appellant shall arrange for preparation of a transcript of all parts of the electronic record designated by the parties to the appeal. Upon request, the clerk of the trial courts shall provide to the transcriber a copy of the designations, a copy of the electronic record or parts thereof, a copy of the log notes and other information necessary for preparation of the transcript.
(4) Time for Completion. Preparation of the transcript shall be completed within 40 days after filing of the notice of appeal. If the transcript is not being prepared at public expense and the transcriber is unable to complete the transcript within this time, the appellant shall move the appellate court for an extension of time. The motion shall comply with Appellate Rule 503, shall also be served on the clerk of the trial courts, and shall be considered a routine motion within the meaning of Rule 503(b).
(5) Filing and Distribution. Upon completion of the transcript, the transcriber shall promptly notify the parties that the transcript has been completed and shall file with the clerk of the trial courts (i) the original and one copy of the transcript; and (ii) an electronic version of the transcript in the form and format prescribed by administrative bulletin.
(6) Costs. If the transcript is not being prepared at public expense, the cost of preparing the original transcript, the copy filed with the court and the computer diskette shall be paid by the appellant. This cost may be taxed as a cost in the case, but if any party causes parts of the electronic record to be transcribed unnecessarily, the court may impose the cost of transcribing such parts on that party.
(7) Form of Transcript. Transcripts shall be in the form and format prescribed by administrative bulletin.
(8) Statement in Lieu of Transcript. In the event no stenographic report or electronic recording of the evidence or proceedings at a hearing or trial was made, the appellant may prepare a statement of the evidence of proceedings from the best available means, including the appellant's recollection, for use instead of a stenographic or electronically recorded transcript. This statement shall be served on the appellee, who may serve objections or proposed amendments, and shall be submitted to the court from which the appeal is being taken for settlement and approval. As settled and approved, the statement shall be filed with the clerk of that court and transmitted to the appellate court in lieu of a transcript.
(c) Excerpt of Record.
(1) Duty to Prepare. (A) Each party shall file and serve an excerpt of record with the party's brief, unless the parties have waived the preparation of excerpts pursuant to paragraph (d).
(B) In cases involving multiple appellants or appellees, each side shall prepare a single excerpt of record. In a case involving multiple appellants who are filing separate briefs, the appellant who filed the first notice of appeal shall prepare and file the excerpt for the appellants, unless the appellants otherwise agree. In a case involving multiple appellees who are filing separate briefs, the appellees shall decide among themselves which appellee shall prepare and file the excerpt for the appellees. Ten days prior to the date on which a side's briefs are due, the parties who are not responsible for preparation of the excerpt shall transmit to the responsible party a list of documents to be included in the excerpt. The responsible party shall include in the excerpt all documents which are specified by the other parties, provided such documents are in the record. A party who fails to transmit a list of documents to the responsible party by the 10 day deadline waives the right to designate documents for inclusion in the excerpt. The responsible party shall mail a copy of the excerpt to each of the other parties on that side six days before the date the briefs are due, or deliver a copy of the excerpt three days before the date the briefs are due, so that the other parties may include the appropriate citations in their briefs. The cost of copying and mailing the excerpt shall be borne equally by all parties on the side.
(C) A cross-appellant or cross-appellee who elects to file a single brief shall file a single excerpt with that brief. A cross-appellant who makes this election shall include in the excerpt those documents that are properly included in an appellee's excerpt under Rule 210(c)(2). A cross-appellant who elects to file separate briefs shall file and serve notice of this election within 10 days after service of the notice of the due date for appellant's brief. If a cross-appellant makes this election, the cross-appellant and the appellant shall be treated as co-appellants filing separate briefs and shall prepare and submit a combined excerpt as required by Rule 210(c)(1)(B). The cross-appellee and the appellee shall be treated as co-appellees filing separate briefs for purposes of that rule.
(2) Contents. The appellant's excerpt of record shall contain a true and correct copy of (i) all charging documents, or the petition or complaint, counterclaim, crossclaim and answer setting out the issues to be tried; (ii) the judgment or interlocutory order from which the appeal is taken; (iii) other orders or rulings sought to be reviewed; (iv) supporting opinions, findings of fact, conclusions of law or other statements showing the reasoning of the trial court; and (v) specific portions of other documents in the record that are both cited in appellant's brief and essential to the resolution of an issue on appeal. The appellee's excerpt of record shall contain a copy of those parts of the record relied on by appellee which were not included in the appellant's excerpt. Pages of the transcript should not be included in the excerpts and, except where they have independent relevance, memoranda of law in the trial court should not be included in the excerpts. The fact that parts of the record are not included in the excerpts shall not prevent the parties or the appellate court from relying on such parts.
(3) Supplemental Excerpts. Appellant may file and serve a supplemental excerpt of record with appellant's reply brief or within the time specified for filing a reply brief. No other supplemental excerpt may be filed except by leave of the appellate court granted on motion, or at the request of the appellate court. A supplemental excerpt may not include parts of the record which appear in another excerpt filed in the appeal.
(4) Form, Filing and Service. Each party's excerpt of record shall be bound separately from the party's brief and shall contain a table of contents at the beginning of the first volume. The excerpt and the table of contents shall be in the form specified in the Clerk's Instructions for Preparation of Excerpts published in these rules. One copy of the excerpt shall be filed and served with the party's original brief. Six copies of the excerpt shall be filed with the bound copies of the brief, and one copy shall be served on counsel for each party separately represented. The appellate court may specify the filing or service of a different number of copies than required by this rule.
(5) Excerpts to be Abbreviated. The parties shall include in the excerpts only those parts of the record which are essential to a determination of the questions presented on appeal. For any infraction of this rule, the appellate court may impose sanctions and withhold or impose costs as the circumstances of the case and discouragement of like conduct in the future may require.
(6) Costs. Subject to subparagraph 210(c)(5), the prevailing party shall be entitled to recover the cost of copying its excerpt of record under Appellate Rule 508(d).
(d) Waiver of Excerpts. The parties may agree to waive the preparation of excerpts of record required under paragraph (c). The agreement must be signed by all parties participating in the appeal and must be filed with the clerk of the appellate courts within 20 days after filing of the notice of appeal.
(e) Preparation of the Trial Court File.
(1) Page Numbering. Upon receiving the notice of appeal, the clerk of the trial courts shall number the pages of the trial court file in a single consecutive sequence throughout all volumes. Page numbering must be completed within 40 days after filing of the notice of appeal.
(2) Confidential Materials. Papers filed under seal in the trial court and exhibits submitted or introduced at closed hearings in the trial court shall be maintained under seal while they constitute part of a record on appeal, and access to them shall be governed by Rule 512.5(c).
(f) Briefing Schedule. Upon filing of the transcript and completion of the page numbering, the clerk of the trial courts shall notify the clerk of the appellate courts that the case is ready for briefing. Upon receiving this notice, the clerk of the appellate courts shall give notice of the due date for the appellant's brief.
(g) Transmission of the Record. (1) Transmission to Appellate Court. Upon notification that briefing is complete, the clerk of the trial courts shall transmit the record, excluding physical exhibits, to the clerk of the appellate courts. Physical exhibits shall be retained by the trial court unless specifically requested by the appellate court. As used in this paragraph, "physical exhibits" includes exhibits other than documents or photographs, and also includes documents or photographs of unusually large size or unusual bulk or weight.
(2) Transfer to Other Court Locations. The clerk of the appellate courts may direct that the record be temporarily transferred to another court location within the state for the accommodation of counsel in the preparation of briefs.
(h) Several Appeals. When more than one appeal is taken to the appellate court from the same judgment, there shall be a single record on appeal. In preparing the record, deadlines which run from filing of the notice of appeal shall run from filing of the last notice of appeal.
(i) Power of Court to Correct, Modify or Supplement. It is not necessary for the record on appeal to be approved by the trial court or a judge thereof except as provided in subparagraph (b)(8) and in Rule 211, but if any difference arises whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to that court's decision. If anything material to either party is omitted from the record on appeal by error or accident by court personnel, or is misstated therein, the parties by stipulation, the trial court, or the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected. All other questions as to the content and form of the record shall be presented to the appellate court. On motion in the appellate court, and for cause, an excerpt of record may be modified or supplemented to correct omissions by counsel.
(SCO 439 effective November 15, 1980; amended by SCO 461 effective June 1, 1981; by SCO 510 effective August 30, 1982; by SCO 554 effective April 4, 1983; by SCO 577 effective February 1, 1984; by SCO 578 effective February 1, 1984; by SCO 631 effective September 15, 1985; by SCO 736 effective December 15, 1986; by SCO 768 effective March 15, 1987; by SCO 795 effective March 15, 1987; by SCO 883 effective July 15, 1988; by SCO 926 effective January 15, 1989; by SCO 928 effective January 15, 1989; by SCO 988 effective January 15, 1990; by SCO 1153 effective July 15, 1994; rescinded and repromulgated by SCO 1155 effective July 15, 1994; by SCO 1183 effective July 15, 1995; and by SCO 1279 effective July 31, 1997)
NOTE to Appellate Rule 210(b)(5) and (b)(7): See Administrative Bulletin 31 and the Manual of Transcript Procedures.
NOTE: In 1997 the legislature enacted AS 18.16.030(j), which specifies the procedure for appeal of an order denying a petition to bypass parental consent to an abortion. According to ch. 14, ยง 8 SLA 1997, AS 18.16.030(j) has the effect of amending Appellate Rules 204, 210, 212, and 213 by establishing specific time limits applicable to certain appeals and by instructing the supreme court to modify or dispense with formal requirements applicable to certain briefs. Instead of amending individual rules to implement AS 18.16.030, the supreme court has adopted a separate rule on judicial bypass appeals. See Appellate Rule 220.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
