Rule 11. The recordon appeal.
(a) Composition of therecord on appeal. The original papers and exhibits filed in the trial court,including the presentence report in criminal matters, the transcript ofproceedings, if any, the index prepared by the clerk of the trial court, andthe docket sheet, shall constitute the record on appeal in all cases. A copy ofthe record certified by the clerk of the trial court to conform to the originalmay be substituted for the original as the record on appeal. Only those papersprescribed under paragraph (d) of this rule shall be transmitted to theappellate court.
(b) Pagination andindexing of record.
(b)(1) Immediately uponfiling of the notice of appeal, the clerk of the trial court shall securelyfasten the record in a trial court case file, with collation in the followingorder:
(b)(1)(A) the indexprepared by the clerk;
(b)(1)(B) the docketsheet;
(b)(1)(C) all originalpapers in chronological order;
(b)(1)(D) all publisheddepositions in chronological order;
(b)(1)(E) all transcriptsprepared for appeal in chronological order;
(b)(1)(F) a listof all exhibits offered in the proceeding; and
(b)(1)(G) in criminalcases, the presentence investigation report.
(b)(2)(A) The clerkshall mark the bottom right corner of every page of the collated index, docketsheet, and all original papers as well as the cover page only of all publisheddepositions and the cover page only of each volume of transcripts constitutingthe record with a sequential number using one series of numerals for the entirerecord.
(b)(2)(B) If asupplemental record is forwarded to the appellate court, the clerk shallcollate the papers, depositions, and transcripts of the supplemental record inthe same order as the original record and mark the bottom right corner of eachpage of the collated original papers as well as the cover page only of allpublished depositions and the cover page only of each volume of transcriptsconstituting the supplemental record with a sequential number beginning withthe number next following the number of the last page of the original record.
(b)(3) The clerk shallprepare a chronological index of the record. The index shall contain areference to the date on which the paper, deposition or transcript was filed inthe trial court and the starting page of the record on which the paper,deposition or transcript will be found.
(b)(4) Clerks of thetrial and appellate courts shall establish rules and procedures for checkingout the record after pagination for use by the parties in preparing briefs foran appeal or in preparing or briefing a petition for writ of certiorari.
(c) Duty of appellant.After filing the notice of appeal, the appellant, or in the event that morethan one appeal is taken, each appellant, shall comply with the provisions ofparagraphs (d) and (e) of this rule and shall take any other action necessaryto enable the clerk of the trial court to assemble and transmit the record. Asingle record shall be transmitted.
(d) Papers on appeal.
(d)(1) Criminal cases.All of the papers in a criminal case shall be included by the clerk of thetrial court as part of the record on appeal.
(d)(2) Civil cases.Unless otherwise directed by the appellate court upon sua
(d)(3) Agency cases.Unless otherwise directed by the appellate court upon sua
(e) The transcript ofproceedings; duty of appellant to order; notice to appellee if partialtranscript is ordered.
(e)(1) Request fortranscript; time for filing. Within 10 days after filing the notice of appeal,the appellant shall, order the transcript(s) online at www.utcourts.gov,specifying the entire proceeding or parts of the proceeding to be transcribedthat are not already on file. The appellant shall serve on the appellee adesignation of those parts of the proceeding to be transcribed. If theappellant desires a transcript in a compressed format, appellant shall includethe request for a compressed format within the request for transcript. If nosuch parts of the proceedings are to be requested, within the same period theappellant shall file a certificate to that effect with the clerk of theappellate court and serve a copy of that certificate on the appellee.
(e)(2) Transcriptrequired of all evidence regarding challenged finding or conclusion. If theappellant intends to urge on appeal that a finding or conclusion is unsupportedby or is contrary to the evidence, the appellant shall include in the record atranscript of all evidence relevant to such finding or conclusion. Neither thecourt nor the appellee is obligated to correct appellant's deficiencies inproviding the relevant portions of the transcript.
(e)(3) Statement ofissues; Cross‑designation by appellee. If the appellant does not orderthe entire transcript, the appellee may, within 10 days after the service ofthe designation or certificate described in paragraph (e)(1) of this rule, fileand serve on the appellant a designation of additional parts to be included.
(f) Agreed statement asthe record on appeal. In lieu of the record on appeal as defined in paragraph(a) of this rule, the parties may prepare and sign a statement of the case,showing how the issues presented by the appeal arose and were decided in thetrial court and setting forth only so many of the facts averred and proved orsought to be proved as are essential to a decision of the issues presented. Ifthe statement conforms to the truth, it, together with such additions as thetrial court may consider necessary fully to present the issues raised by theappeal, shall be approved by the trial court. The clerk of the trial courtshall transmit the statement to the clerk of the appellate court within thetime prescribed by Rule 12(b)(2). The clerk of the trial court shall transmitthe index of the record to the clerk of the appellate court upon approval of thestatement by the trial court.
(g) Statement ofevidence or proceedings when no report was made or when transcript isunavailable. If no report of the evidence or proceedings at a hearing or trialwas made, or if a transcript is unavailable, or if the appellant is impecuniousand unable to afford a transcript in a civil case, the appellant may prepare astatement of the evidence or proceedings from the best available means,including recollection. The statement shall be served on the appellee, who mayserve objections or propose amendments within 10 days after service. Thestatement and any objections or proposed amendments shall be submitted to thetrial court for settlement and approval and, as settled and approved, shall beincluded by the clerk of the trial court in the record on appeal.
(h) Correction ormodification of the record. If any difference arises as to whether the recordtruly discloses what occurred in the trial court, the difference shall besubmitted to and settled by that court and the record made to conform to thetruth. If anything material to either party is misstated or is omitted from therecord by error, by accident, or because the appellant did notorder a transcript of proceedings that the appellee needs to respond to issuesraised in the Brief of Appellant, the parties by stipulation, the trial court,or the appellate court, either before or after the record is transmitted, maydirect that the omission or misstatement be corrected and, if necessary, that asupplemental record be certified and transmitted. The moving party, or thecourt if it is acting on its own initiative, shall serve on the parties astatement of the proposed changes. Within 10 days after service, any party mayserve objections to the proposed changes. All other questions as to the formand content of the record shall be presented to the appellatecourt.
Advisory Committee Notes
The rule is amended tomake applicable in the Supreme Court a procedure of the Court of Appeals forpreparing a transcript where the record is maintained by an electronicrecording device. The rule is modified slightly from the former Court ofAppeals rule to make it the appellant's responsibility, not the clerk'sresponsibility, to arrange for the preparation of the transcript.