III § 1 Writ and Direct Appeal Records
Part A: Practice and Procedure | Rule III: Preparation of Records
Rule Text
A. Writ Records
In all cases where a writ is granted to review a lower court action, a certified copy of the original record, one duplicate record, and a signed cover letter outlining the size of the record shall be filed and prepared as set forth below. The contents of the record shall only contain pleadings, testimonies, exhibits, and rulings material to the action sought to be reviewed. The certified copy of the original record shall be filed in physical form, and the duplicate record may be filed in either physical or electronic form. The electronic duplicate record shall be submitted on a flash drive and fully comply with Section 10 of this Rule.
The record shall be filed with this Court within fourteen (14) days from the grant of the writ of review. If additional time is needed to prepare the record, the lower court’s clerk of court must request an extension through a formal written request that provides the reason for the delay and the expected record completion date.
Where a writ is granted to review the action of a court of appeal, the original and duplicate records filed at the court of appeal may be filed in this Court. The original record shall be filed in physical form, and the duplicate record may be filed in either physical or electronic form. The court of appeal’s clerk of court shall ensure that the record complies with all applicable provisions of Rule III prior to filing the appellate record in this Court.
B. Appeal Records
In all cases appealed to this Court from the lower court, a certified copy of the original record, two (2) sets of duplicate records, and a signed cover letter outlining the record’s size, shall be filed and prepared as set forth below. The record shall only contain pleadings, testimonies, exhibits, and rulings material to the action sought to be reviewed. The certified copy of the original record shall be filed in physical form, and the duplicate records may be filed in either physical or electronic form. Electronic duplicate records shall be filed on two (2) separate flash drives and fully comply with Section 10 of this Rule.
C. Designated Record
Notwithstanding the foregoing requirements, and subject to the minimum requirements of this Rule, the parties may designate, in writing, portions of the record to constitute the record on appeal, as provided by law. If this Court determines that it cannot undertake a proper analysis of the case without additional pleadings and/or transcripts, the Court may require that additional pleadings and/or transcripts be supplemented into the record. The appellant shall be responsible for any costs associated with transcribing additional portions of the record not originally included in a designated record, and any costs associated with supplementing the record with the additional pleadings and/or transcripts.
D. Exhibits to Records
In all cases where exhibits are part of the record, the exhibits shall be filed with this Court as certified copies of the original exhibits. Exhibits filed with the record shall only pertain to the issues that are sought to be reviewed. Exhibits filed separately from the record shall be contained in clearly labeled envelopes, binders, or boxes with all required indices as provided in Section 4 of this Rule. Exhibits filed under seal shall be properly separated and sealed from the other exhibits. Sealed exhibits shall be clearly marked as sealed. No physical evidence, particularly oversized items of physical evidence, shall be filed along with the record, and need only be filed if requested.
E. Clerk’s Certificate
The clerk of the lower court shall prepare and certify as correct the original and duplicate record(s). Within this certification, the clerk of the lower court shall certify compliance with this Rule along with the confidentiality requirements set forth in Rule I, Section 4.