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Rule 372 Removing Records from Reviewing Court

Article III: Civil Appeals | PART F. OTHER PROVISIONS

(a) Work on Appeal. Prior to the due date of the reply brief, any party to the appeal may, for the purpose of work on the appeal, request, in writing, the clerk of the reviewing court to transmit any paper or physical components of the record on appeal to the clerk of the trial court or to the party’s attorney. The clerk shall comply with the request, without the necessity of obtaining an order of court, by sending the paper or physical components of the record to the clerk of the trial court or the attorney, charges collect. Upon receiving the paper or physical components of the record on appeal, the clerk of the trial court or the attorney is responsible for its safekeeping and shall return the record components to the clerk of the reviewing court by prepaid mail or express not later than the day upon which the reply brief is due. The parties may unbind any paper components of the record for the purpose of photocopying, but the party responsible for unbinding the record must restore it to its original condition.

(b) Other. Except as otherwise provided in this rule, no paper or physical components of the record shall be taken from the files of the reviewing court except on leave granted by the court, or a judge thereof. The clerk shall report promptly to the Court every violation of this rule.

Amended January 5, 1981, effective February 1, 1981; amended December 17, 1993, effective February 1, 1994; amended June 22, 2017, eff. July 1, 2017.