How is the Court of Appeal made aware of the record from the Superior Court, and what is the deadline for designating the record?
Since the Court of Appeal has no independent knowledge of the cases brought before it, a record must be designated. The designated record should includes relevant documents filed in the Superior Court, as well as transcripts of pertinent oral proceedings. The record is generally designated by of with a Clerk’s Transcript or an Appendix, with reporter’s transcripts. A Clerk’s Transcript is prepared by the Superior Court, upon filing of a Notice to Prepare the Clerk’s Transcript and payment of the estimated cost. The appellant must describe with particularity each document to be included within the Clerk’s Transcript, including by title and filing date. Rules of Court, Rule 5. An Appendix, in lieu of Clerk’s Transcript, is prepared by the party serving the notice. It can be per party or joint. Joint Appendixes are preferred. An Appendix must be filed with the clerk of the reviewing court, and served on each of the parties concurrently with the Opening Brief. Rules of Court, Rule 5.1. The
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