Rule 11 Transmission of the Record on Appeal.
Rule Text
(a) Duty of Appellant. After filing the notice of appeal, the appellant, or in the event that more than one appeal is taken, each appellant, shall comply with the provisions of Rule 11(b) and shall take any other action necessary to enable the Clerk of the Superior Court to assemble and transmit the record to the Supreme Court. A single record shall be transmitted.
(b) Duty of Court Reporter to Coordinate Preparation and Filing Transcript; Notice to Supreme Court; Duty of Clerk to Transmit Certified Copy of the Docket Entries in Lieu of Record; Retention of Record in Superior Court. Upon receipt of an order for a transcript, the court reporter shall acknowledge in Part II of the TPO the fact that the court reporter has received it, the estimated number of pages, and the date on which the court reporter expects to have the transcript completed. The court reporter shall e-file the TPO form, so endorsed, with the Supreme Court and file a copy with the Clerk of the Superior Court. If the court reporter cannot complete the transcript within 60 days after receipt of the TPO Part I, the court reporter shall request an extension of time from the Clerk of the Supreme Court and the action of the Clerk of the Supreme Court shall be entered on the docket and the parties notified. In the event of the failure of the reporter to file the transcript within the time allowed, the Clerk of the Supreme Court shall notify the Chief Justice for such action as is appropriate. Upon completion of the transcript, the court reporter shall file physical and electronic copies of the transcript with the Clerk of the Superior Court and shall notify the Clerk of the Supreme Court that the reporter has done so by completing Part III of the TPO in accordance with Rule 40.3(k). The record shall be complete when all ordered transcripts have been filed with the Clerk of the Superior Court. When the record is complete for purposes of the appeal, the Clerk of the Superior Court shall electronically transmit the record as an e-record in accordance with Rule 40.3(j). The original file shall not be transmitted by the Superior Court Clerk unless during the pendency of the appeal the Clerk of the Supreme Court directs that designated parts of the record be transmitted.
(c) Transmission of Record to Supreme Court. Notwithstanding the provisions of (a) and (b) of this Rule 11, the Supreme Court may request electronic or physical transmission of part or all of the record by the Clerk of the Superior Court in order to address a motion or the issues on appeal. Upon resolution of the motion or appeal, the Clerk of the Supreme Court shall return any portion of the physical record to the Superior Court that was transmitted pursuant to this Rule 11(c).
(d) Partial Record with Motions. If a party desires to move in the Supreme Court for dismissal, for release, a stay pending appeal, additional security on the bond on appeal or on a supersedeas bond, or any intermediate order, the movant shall provide copies of all relevant Superior Court entries at the time the motion is filed, any relevant judgment, decision, or order of the Superior Court, and any accompanying memorandum or opinion, and any other part of the original record as the Supreme Court shall designate.