The Record on Appeal.

Rules of the District of Columbia Court of Appeals

Rule: 10

Jurisdiction: DC

Bluebook Citation: D.C. Ct. App. R. 10

(a) Composition of the Record on Appeal. The following items constitute the record on appeal and should be stored in or accessible from the Superior Court in electronic format: (1) all documents and exhibits filed in the Superior Court; (2) the transcript of proceedings, if any; and (3) a certified copy of the docket entries prepared by the Clerk of the Superior Court. (b) The Transcript of Proceedings. (1) Appellant’s Duty to Order. Within 10 days after filing the notice of appeal, the appellant, unless proceeding on appeal as specified in Rule 10(b)(5), must: (A) order from the reporter a transcript of such parts of the proceedings not already on file as the appellant considers necessary, and identify for the Court Reporting Division any transcript already prepared that is to be included in the record on appeal; or (B) file a certificate in this court, with service on all other parties, stating that no transcript will be ordered. The order described in Rule 10(b)(1)(A) shall be filed with this court and served on all other parties to the appeal. (2) Unsupported Finding or Conclusion. If the appellant intends to urge 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 of all evidence relevant to that finding or conclusion. (3) Additional Transcripts. If no transcripts are ordered or transcripts are ordered for only part of the proceedings, the appellee may order additional transcripts or may file a motion requesting that the Superior Court or this court require the appellant to order additional transcripts. The order shall be filed with this court and served on all other parties to the appeal. (4) Payment. At the time of ordering, a party must make satisfactory arrangements with the Court Reporting Division for paying the cost of the transcript, except when the party is proceeding under Rule 10(b)(5). (5) Transcript in Appeals Proceeding with Waiver of Fees, Costs, or Security, Under the Criminal Justice Act, or Under the Prevention of Child Abuse and Neglect Act. (A) In all civil cases in which the appellant has been granted a waiver of fees, costs, or security under Rule 24, except those governed by Rule 10(b)(5)(C), a request for the preparation of transcripts must be made, on motion with notice, to the appropriate motions or trial judge. See Rule 24(h); D.C. Code § 15-712(h). (B) In all cases in which the appellant has been permitted to proceed in the Superior Court under the Criminal Justice Act, see D.C. Code § 11-2601 et seq., the notice of appeal will be considered by the Superior Court as encompassing an order for the preparation of the reporter’s transcript at the expense of the government. A copy of the notice and of the docket entries will be transmitted by the Clerk of the Superior Court to the Court Reporting Division for preparation of the transcript. The transcript prepared will include pretrial hearings on motions, voir dire, openings, the testimony and evidence presented by the parties, closings, the charge to the jury, the verdict, and sentencing, as well as any other proceeding in the case designated by counsel pursuant to Rule 10(b)(1)(A). (C) In cases where counsel for the appellant has been appointed under the Prevention of Child Abuse and Neglect Act, see D.C. Code § 16-2304, counsel must complete a transcript request form for the preparation of transcripts which is available on the Superior Court’s website and submit the form to the Court Reporting Division. (c) Statement of the Evidence When The Proceedings Were Not Recorded or When a Transcript is Unavailable. If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement must be served upon all other parties, who may serve objections or proposed amendments within ten days after being served. The statement and any objections or proposed amendments must then be submitted to the trial judge for settlement and approval. As settled and approved, the statement must be included by the Clerk of the Superior Court in the record on appeal. (d) Correction or Modification of the Record. (1) If any difference arises about whether the record truly discloses what occurred in the Superior Court, the difference must be submitted to and settled by that court and the record conformed accordingly. (2) If anything material to any party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded: (A) on a stipulation of the parties; or (B) by the Superior Court before or after the record has been forwarded. (3) All other questions as to the form and content of the record must be presented to this court.

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