Duties of the Appellate Clerk on

Receiving the Notice of Appeal and Record 37.1. On Receiving the Notice of Appeal If the appellate clerk determines that the notice of appeal or certification of defendant's right of appeal in a criminal case is defective, the clerk must notify the parties of the defect so that it can be remedied, if possible. If a proper notice of appeal or certification of a criminal defendant's right of appeal is not filed in the trial court within 30 days of the date of the clerk's notice, the clerk must refer the matter to the appellate court, which will make an appropriate order under this rule or Rule 34.5(c)(2). 37.2. On Receiving the Record On receiving the clerk’s record or the reporter’s record, the appellate clerk must determine whether each complies with the Supreme Court’s and Court of Criminal Appeals’ order on preparation of the record. If so, the clerk must endorse on each the date of receipt, file it, and notify the parties of the filing and the date. If not, the clerk must endorse on the clerk’s record or reporter’s record — whichever is defective — the date of receipt and return it to the official responsible for filing it. The appellate court clerk must specify the defects and instruct the official to correct the defects and return the record to the appellate court by a specified date. In a criminal case, the record must not be posted on the Internet. 37.3. If No Record Filed (a) Notice of Late Record. (1) Civil Cases. If the clerk’s record or reporter’s record has not been timely filed, the appellate clerk must send notice to the official responsible for filing it, stating that the record is late and requesting that the record be filed within 30 days if an ordinary or restricted appeal, or 10 days if an accelerated appeal. The appellate clerk must send a copy of this notice to the parties and the trial court. If the clerk does not receive the record within the stated period, the clerk must refer the matter to the appellate court. The court must make whatever order is appropriate to avoid further delay and to preserve the parties' rights. (2) Criminal Cases. If the clerk’s record or reporter’s record has not been timely filed, the appellate court clerk must refer the matter to the appellate court. The court must make whatever order is appropriate to avoid further delay and to preserve the parties’ rights. (b) If No Clerk’s Record Filed Due to Appellant's Fault. If the trial court clerk failed to file the 54 telephone number, and email address. If new counsel appears or if any counsel currently appearing changes their firm or office affiliation during the pendency of the appeal, lead counsel for the party must notify the clerk by filing a supplemental disclosure. (b) Table of Contents. The brief must have a table of contents with references to the pages of the brief and, in civil cases, be bookmarked to assist in locating each item. The table of contents must indicate the subject matter of each issue or point, or group of issues or points. (c) Index of Authorities. The brief must have an index of authorities arranged alphabetically and indicating the pages of the brief where the authorities are cited. (d) Statement of the Case. The brief must state concisely the nature of the case (e.g., whether it is a suit for damages, on a note, or involving a murder prosecution), the course of proceedings, and the trial court’s disposition of the case. The statement should be supported by record references, should seldom exceed one-half page, and should not discuss the facts. (e) Any Statement Regarding Oral Argument. The brief may include a statement explaining why oral argument should or should not be permitted. Any such statement must not exceed one page and should address how the court’s decisional process would, or would not, be aided by oral argument. As required by Rule 39.7, any party requesting oral argument must note that request on the front cover of the party’s brief. (f) Issues Presented. The brief must state concisely all issues or points presented for review. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included. (g) Statement of Facts. The brief must state concisely and without argument the facts pertinent to the issues or points presented. In a civil case, the court will accept as true the facts stated unless another party contradicts them. The statement must be supported by record references. clerk’s record because the appellant failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, the appellate court may — on a party’s motion or its own initiative — dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. The court must give the appellant a reasonable opportunity to cure before dismissal. (c) If No Reporter’s Record Filed Due to Appellant's Fault. Under the following circumstances, and if the clerk’s record has been filed, the appellate court may — after first giving the appellant notice and a reasonable opportunity to cure — consider and decide those issues or points that do not require a reporter’s record for a decision. The court may do this if no reporter’s record has been filed because: (1) the appellant failed to request a reporter’s record; or (2) (A) appellant failed to pay or the the make arrangements to pay reporter's fee to prepare reporter’s record; and (B) the appellant is not entitled to proceed without payment of costs. Notes and Comments Comment to 1997 change: Former Rules 56 and 57(a) are merged. Subdivisions 37.2 and 37.3 are new.