Rule 12. Transmissionof the record.
(a) Duty to prepare and file transcript; request forenlargement of time; notice to appellate court.
(a)(1) Upon receipt of a request for a transcript, the clerkof the appellate court shall assign the preparation of the transcript to thecourt reporter who reported the proceedings or, if recorded on video or audioequipment, to an official court transcriber and notify the requesting party ofthe assignment. By stipulation of the parties approved by the appellate court,a person other than an official court transcriber may transcribe a recordedhearing.
(a)(2) A party requesting a transcript shall makesatisfactory arrangements for paying the fee to the reporter or transcriber andnotify the clerk of the appellate court of the date on which satisfactoryarrangements were made. The transcript shall be completed and filed within 30days after that date.
(a)(3) The reporter or transcriber may request from theclerk of the appellate court an enlargement of time in which to file thetranscript. The request for enlargement of time shall be in writing and shallcontain the elements stated in CJA 5-201(1). If filed prior to the expirationof the transcript preparation period, the request shall make a showing of goodcause. If filed after the expiration of the period, the request shall make a showingof extraordinary circumstances beyond the control of the reporter ortranscriber. The reporter or transcriber shall provide a copy of the request tothe parties. The clerk of the appellate court shall provide written notice ofthe disposition of the request for enlargement of time to the reporter ortranscriber and the parties.
(a)(4) Upon completion of the transcript, the reporter and,if applicable, the transcriber shall certify that the transcript is a true andcorrect record of the court hearing or of the file provided by the clerk of theappellate court. The reporter or transcriber shall prepare an index of itscontents and file the electronic file through the transcript managementprogram.? The original hard copy of thetranscript and index shall be filed with the clerk of the trial court. At therequest of the person ordering the transcript or at the request of theappellate court, the reporter or transcriber shall file the transcript in acompressed format that places multiple complete pages of the originaltranscript upon each page of compressed transcript. The compressed transcriptshall retain the page and line numbers of the original transcript. A compressedtranscript may be certified as a correct copy of the original.
(b) Transmittal of record on appeal to appellate court.
(b)(1) Transmittal of index. Within 20 days from the date ofrequest from the appellate court, the trial court, juvenile court, orgovernment agency shall transmit a certified copy of the index preparedpursuant to Rule 11(b) to the clerk of the appellate court.
(b)(2) Transmittal of non-paginated record. Within 7 daysfrom the date of request from the appellate court, the trial court, juvenilecourt, or government agency shall transmit the papers and any transcripts onfile to the clerk of the appellate court. These papers may be sent ?as
(b)(3) Transmittal of paginated record. Within 20 days fromthe date of request from the appellate court, the trial court, juvenile court,or government agency shall transmit the papers, transcripts and exhibits in theappeal to the appellate court.
(b)(4) Transmission of exhibits. Documents of unusual bulkor weight, and physical exhibits other than documents, photographs, or binders,shall not be transmitted by the trial court, juvenile court, or governmentagency unless directed to do so by a party or by the clerk of the appellatecourt. A party must make advance arrangements with the clerks for thetransportation and receipt of exhibits of unusual bulk or weight.
(b)(5) Checking out record on appeal. During the briefingperiod, counsel for the parties who are members of the Utah State Bar in goodstanding may, as officers of the court, check out the record upon writtenrequest to the clerk of court of the court in possession of the record onappeal. The record may be mailed by registered mail or other reputableovernight carrier, return receipt requested, provided that counsel requestingmailing makes advance arrangements with the clerk and pays the cost ofshipping. The record may be picked up in person by counsel, or his or herauthorized agent. Counsel shall be responsible for promptly returning therecord to the court not later than when the party?s brief is filed.
(c) Expedited transmittal of parts of the record. If priorto the time the record is transmitted the record is required in the appellatecourt, the clerk of the trial court at the request of any party or of theappellate court shall transmit to the appellate court such parts of theoriginal record as designated.
Advisory Committee Notes
The amendment keeps the requirement that the court reporteracknowledge the receipt of the request for transcript. Formerly, thatacknowledgment was to appear at the foot of the request itself. Rule 12 nowtreats the acknowledgment as a separate document. The content of theacknowledgment includes a statement regarding the satisfactory arrangement forpayment. Until satisfactory arrangements for payment have been made, thereporter is under no obligation to prepare the transcript.
Rule 12 is amended to impose upon the court reporters thesame standard of ?good cause? and the same procedures now applicable to partiesin seeking an extension of time for preparation of the transcript.