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Rule 11. The record on appeal.

(a) Composition ofthe record on appeal. The original papers and exhibits filed in the trialcourt, 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 upon filing ofthe notice of appeal, the clerk of the trial court shall securely fasten therecord in a trial court case file, with collation in the following order:

(b)(1)(A) the index prepared bythe clerk;

(b)(1)(B) the docket sheet;

(b)(1)(C) all original papers inchronological order;

(b)(1)(D) all publisheddepositions in chronological order;

(b)(1)(E) all transcripts preparedfor appeal in chronological order;

(b)(1)(F) a list of all exhibitsoffered in the proceeding; and

(b)(1)(G) in criminal cases, thepresentence investigation report.

(b)(2)(A) The clerk shall mark thebottom right corner of every page of the collated index, docket sheet, and alloriginal papers as well as the cover page only of all published depositions andthe cover page only of each volume of transcripts constituting the record witha sequential number using one series of numerals for the entire record.

(b)(2)(B) If a supplemental recordis forwarded to the appellate court, the clerk shall collate the papers,depositions, and transcripts of the supplemental record in the same order asthe original record and mark the bottom right corner of each page of thecollated original papers as well as the cover page only of all publisheddepositions and the cover page only of each volume of transcripts constitutingthe supplemental record with a sequential number beginning with the number nextfollowing the number of the last page of the original record.

(b)(3) The clerk shall prepare achronological index of the record. The index shall contain a reference to thedate on which the paper, deposition or transcript was filed in the trial courtand the starting page of the record on which the paper, deposition ortranscript will be found.

(b)(4) Clerks of the trial andappellate courts shall establish rules and procedures for checking out therecord after pagination for use by the parties in preparing briefs for anappeal 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 thepapers in a criminal case shall be included by the clerk of the trial court aspart of the record on appeal.

(d)(2) Civil cases. Unlessotherwise directed by the appellate court upon sua sponte motion or motion of a party, the clerk of the trialcourt shall include all of the papers in a civil case as part of the record onappeal.

(d)(3) Agency cases. Unlessotherwise directed by the appellate court upon sua sponte motion or motion of a party, the agency shallinclude all papers in the agency file as part of the record.

(e) The transcript ofproceedings; duty of appellant to order; notice to appellee if partialtranscript is ordered.

(e)(1) Request for transcript; timefor filing. Within 10 days after filing the notice of appeal, the appellantshall, order the transcript(s) online at www.utcourts.gov, specifying theentire proceeding or parts of the proceeding to be transcribed that are notalready on file. The appellant shall serve on the appellee a designation ofthose parts of the proceeding to be transcribed. If the appellant desires atranscript in a compressed format, appellant shall include the request for acompressed format within the request for transcript. If no such parts of theproceedings are to be requested, within the same period the appellant shallfile a certificate to that effect with the clerk of the appellate court andserve a copy of that certificate on the appellee.

(e)(2) Transcript required of allevidence regarding challenged finding or conclusion. If the appellant intendsto urge on appeal that a finding or conclusion is unsupported by or is contraryto the evidence, the appellant shall include in the record a transcript of allevidence relevant to such finding or conclusion. Neither the court nor theappellee is obligated to correct appellant's deficiencies in providing therelevant portions of the transcript.

(e)(3) Statement of issues; Cross‑designationby appellee. If the appellant does not order the entire transcript, theappellee may, within 10 days after the service of the designation orcertificate described in paragraph (e)(1) of this rule, file and serve on theappellant a designation of additional parts to be included.

(f) Agreed statementas the record on appeal. In lieu of the record on appeal as defined inparagraph (a) of this rule, the parties may prepare and sign a statement of thecase, showing how the issues presented by the appeal arose and were decided inthe trial court and setting forth only so many of the facts averred and provedor sought to be proved as are essential to a decision of the issues presented.If the 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). Theclerk of the trial court shall transmit the index of the record to the clerk ofthe appellate court upon approval of the statement 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 ortrial was made, or if a transcript is unavailable, or if the appellant isimpecunious and unable to afford a transcript in a civil case, the appellantmay prepare a statement of the evidence or proceedings from the best availablemeans, including recollection. The statement shall be served on the appellee, whomay serve 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 therecord truly discloses what occurred in the trial court, the difference shallbe submitted 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 not order atranscript of proceedings that the appellee needs to respond to issues raisedin the Brief of Appellant, the parties by stipulation, the trial court, or theappellate court, either before or after the record is transmitted, may directthat 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 appellate court.

AdvisoryCommittee Note