Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Copyright © 1997 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
Rule 604.Record.
(a) Appeals from District Court.
(1) Record on Appeal.
(A) The record on appeal consists of the original papers and exhibits filed with the administrative agency, and a typed transcript of the record of proceedings before the agency. In an appeal from the revocation of a driver's license by the Division of Motor Vehicles or from a prisoner disciplinary decision of the Department of Corrections, the record of proceedings will include cassettes rather than transcripts unless otherwise ordered by the court.
(B) The record of proceedings before the district court will include cassette tapes rather than transcripts unless the superior court orders the submission of transcripts. In the absence of an agreement between the parties or an order of the court to the contrary, all reasonable costs incurred in connection with preparing a transcript will be borne by the appellant.
(C) Within 40 days after filing of the notice of appeal, the clerk of the superior court shall assemble the record and prepare and distribute notice of the due date for appellant's brief. The papers in the record need not be numbered and a table of contents need not be prepared.
(2) Power of Court to Correct or Modify Record of District Court. If any differences arise as to whether the record on appeal truly discloses what occurred in the district court, the difference must be submitted to and settled by the superior court and the record made to conform to it. If anything material to either party is omitted from the record on appeal by error or accident or is misstated therein, the parties by stipulation, the district court, or the superior court, on motion or of its own initiative, may direct that the omission or misstatement be corrected.
(3) Return of Record and Appellate File After Final Disposition. Unless the court otherwise orders, the clerk shall return the record and appellate file after final disposition to the district court as provided by Rule 512(a)(2).
(b) Appeals from Administrative Agencies.
(1) Record on Appeal.
(A) The record on appeal consists of the original papers and exhibits filed with the administrative agency, and a typed transcript of the record of proceedings before the agency. In an appeal from the revocation of a driver's license by the Division of Motor Vehicles or from a prisoner disciplinary decision of the Department of Corrections, the record of proceedings will include cassettes rather than transcripts unless otherwise ordered by the court.
(B) Appellate Rule 210 shall apply except that:
(i) Appellate Rule 210(b)(1) and (2) shall not apply.
(ii) The original transcript shall be filed with the administrative agency. The agency shall forward the transcript to the clerk of the superior court within 40 days after filing of the notice of appeal.
(iii) The administrative agency shall number the pages of the agency file consecutively throughout all volumes. The agency shall forward a copy of the numbered file to the clerk of the superior court with the transcript. Physical exhibits will be retained by the agency unless specifically requested by the court. As used in this rule, "physicalexhibits" includes exhibits other than documents or photographs, and also includes documents or photographs of unusually large size or unusual bulk or weight.
(iv) In the absence of an agreement between the parties or an order of the court to the contrary, all reasonable costs incurred in connection with preparing the transcript and the court's copy of the agency file shall be borne by the appellant. The preparing agency may require advance payment of the costs as reasonably estimated by the agency.
(v) Upon receipt of the transcript and a copy of the agency file, the clerk of the superior court shall prepare and distribute notice of the due date for appellant's brief.
(2) Return of Record and Appellate File After Final Disposition. If a timely appeal from the superior court decision is filed and unless the court otherwise orders, the clerk shall return all physical exhibits after final disposition to the administrative agency as provided by Rule 512(a)(3). If a timely appeal is not filed, the clerk shall return all physical exhibits to the agency on the day after the time for filing an appeal expires. The appellate file will be retained by, or returned to, the superior court.
(SCO 439 effective November 15, 1980 as amended by SCO 767 effective March 15, 1987; by SCO 826 effective August 1, 1987; by SCO 873 effective July 15, 1988; by SCO 928 effective January 15, 1989; by SCO 1015 effective January 15, 1990; by SCO 1155 effective July 15, 1994; and by SCO 1238 effective July 15, 1996)
Note to SCO 1238: Appellate Rule 604(b)(1)(A) was amended by ch. 79 õ 23 SLA 1995 to allow the use of cassette tapes in prisoner disciplinary appeals. Section 11 of this order is adopted for the sole reason that the legislature has mandated the amendment.
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Copyright 1997 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 9/7/97