Rule 11-1 Transcripts

(a) General.

(1) Types of Transcripts. As used in these rules, “transcript” refers generally to any official record of in-court proceedings created pursuant to a court rule. An audio or certified transcript may be included in the record on appeal, subject to the limitations set out in this rule.

(A) Audio Transcript.

(i) Definition. As used in these rules, an audio transcript is an electronic duplication of the original audio recordings of Superior Court proceedings prepared by the Superior Court clerk. In limited instances as provided by Rule 11-1(a)(1)(A)(ii), audio transcripts may be included in the record on appeal.

(ii) Inclusion in the Record. An appellant may file a motion in this Court to accept an audio transcript for inclusion in the record on appeal. Audio transcripts are permissible in criminal appeals, except for appeals by the government, upon a showing of need. Audio transcripts are disfavored in civil cases, and permission to include them in the record will only be granted in cases where a party would likely be substantially prejudiced by the cost or time required to prepare a certified transcript.

(iii) Notice to Clerks of Court. If this Court grants an appellant’s motion to include an audio transcript in the record on appeal, the appellant must file with the Superior Court clerk a copy of this Court’s order. The Superior Court clerk must forward a copy of the audio transcript to the Clerk when the Superior Court clerk certifies the record pursuant to Rule 11(c).

(B) Certified Transcript.

(i) Definition. A certified transcript is a type-written transcript from the audio recording prepared by the Superior Court or by a court-approved transcription service.

(ii) Inclusion in the Record. Certified transcripts are always permitted in the record on appeal, provided that the procedures in this rule are followed.

(iii) Format. A certified transcript shall include a table of contents identifying the page at which each portion of the trial court proceeding begins.

(2) Motion to Permit Audio Transcript. If an appellant desires to include an audio transcript in the record on appeal, the appellant must file a motion in this Court explaining why obtaining a certified transcript would be unduly burdensome. Such a motion must be filed within the time period for filing Form 3 in the appendix as provided by Rule 11-1(b)(1). Any party may file an opposition to such a motion within 5 days. The time period for ordering a certified transcript will be tolled during pendency of such motion.

(3) Unsupported Finding or Conclusion. If the appellant intends to argue on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant must include in the record a transcript which includes all evidence relevant to that finding or conclusion.

(b) Requesting and Preparing the Audio Transcript.

(1) Appellant Orders. Within 15 days after filing the notice of appeal or entry of an order disposing of the last timely remaining motion of a type specified in Rule 4(a)(4)(A), whichever is later, the appellant must file with the Superior Court clerk and serve on the appellee a copy of Form 3 requesting either a transcript of such parts of the proceedings the appellant considers necessary or that no transcript will be ordered.

(2) Appellee May Supplement.

(A) If the appellee considers it necessary to have a transcript of other parts of the proceedings, the appellee must, within 10 days after the service of Form 3 and the statement of the issues, request such additional parts by filing Form 3 and serving a copy on the appellant; and

(B) The appellant may, within 5 days after being served with the appellee’s Form 3, request any additional portions of the transcript by filing an amended Form 3 and serving a copy on the appellee.

(3) Superior Court Prepares.

(A) The Superior Court clerk must prepare the audio transcript within 10 days of receiving the last timely filed Form 3, and must include in the audio transcript all portions requested by either party.

(B) The Superior Court clerk must provide a copy of the audio transcript to both the appellant and the appellee, and retain a copy in the Superior Court case file.

(4) Notice of Completion by Superior Court. The Superior Court clerk shall promptly file in this Court and serve on the parties a notice when either:

(A) The audio transcript is complete; or

(B) More than 15 days have elapsed since the appellant certified pursuant to Rule 11-1(b)(1) that no transcript would be ordered and the appellee has not requested an audio transcript pursuant to Rule 11-1(b)(2)(A); or more than 15 days have elapsed since the filing of the notice of appeal and Form 3 has not been filed.

(5) Payment. The cost of the audio transcript must be paid by any party receiving the audio transcript from the Superior Court.

(c) Preparation of the Certified Transcript for Appointed Counsel.

(1) Transcript Designation.

(A) Parties Encouraged to Agree. The parties are encouraged to confer and agree upon the portions of the in-court proceedings that should be included in the certified transcript. If the parties are able to agree, they must file a joint Form 4 in the appendix within 15 days after service of the Rule 11-1(b)(4) notice.

(B) In Absence of Agreement. If the parties are unable to agree as to the portions of the in-court proceedings that should be included in the certified transcript, each party must file a separate Form 4 within 15 days after service of the Rule 11-1(b)(4) notice. Each party should designate all portions they believe are required for the appeal.

(2) Transcript Preparation. Upon timely receipt of a joint or separate Form 4, the Superior Court clerk must notify this Court when Form 4 was received and the expected completion date of the certified transcript. If the certified transcript cannot be completed within 30 days upon receipt of Form 4, the Superior Court clerk may request the Clerk for additional time.

(d) Preparation of the Certified Transcript for Pro Se, Retained Counsel, or Government Counsel.

(1) Transcript Designation.

(A) Parties Encouraged to Agree. The parties are encouraged to confer and agree upon the portions of the in-court proceedings that should be included in the certified transcript. If the parties are able to agree, they must file a joint Form 4 within 15 days after service of the Rule 11-1(b)(4)(A) notice.

(B) In Absence of Agreement. If the parties are unable to agree as to the portions of the in-court proceedings that should be included in the certified transcript, each party must file a separate Form 4 within 15 days after service of the Rule 11-1(b)(4)(A) notice.

(2) Transcript Preparation. Parties are responsible for the preparation of the certified transcript. If the certified transcript cannot be completed within 30 days after Form 4 has been filed, a party may request additional time to complete it. The Clerk must note on the docket the action taken and notify the parties.