Docketing of the appeal; docket fee; filing of the record

(a) Docketing the appeal and docket fee. The clerk of the trial court shall send to the clerk of the appellate court to which the appeal is taken a copy of the notice of appeal. Unless the notice of appeal is filed electronically, the appellant, in a civil case, shall accompany the copy of the notice of appeal with payment to the clerk of the appellate court to which the appeal is taken a docket fee in the amount prescribed by Rule 35A, which shall be in lieu of other appellate court costs, unless otherwise set by the court. If the notice of appeal is filed electronically, then the appellant shall send directly to the clerk of the appellate court to which the appeal is taken a docket fee in the amount prescribed by Rule 35A, which shall be in lieu of other appellate court costs, unless otherwise set by the court. Said payment must be received by the clerk of the appellate court within seven days of the electronic filing of the notice of appeal. The timeliness of the payment of the docket fee shall be governed by Rule 25(a)(3). (b) Notice of the filing of the record. The clerk of the appellate court shall immediately give notice to all parties of the date on which the record on appeal was filed. (c) Dismissal for failure of appellant to cause timely completion of record. If the appellant shall fail to cause timely completion of the record, any appellee may file a motion in the appellate court to dismiss the appeal. The motion shall be supported by a certificate of the clerk of the trial court showing the date and substance of the judgment or order from which the appeal was taken, the date on which the notice of appeal was filed, the expiration date of any order extending the time for completing the record, and by proof of service. [Amended 10-2-78, eff. 12-1-78; Amended 7-1-19, eff 10-1-19.] Committee Comments