(a) Composition of Record on Appeal; Transmission of Record.
(1) The record on appeal to the appellate court shall be the official documents, exhibits, minute entries, and other objects filed with the clerk of the superior court, and a certified transcript or narrative or agreed statement, or if authorized by the appellate court, the electronic recording of the proceeding.
(2) The clerk of the superior court shall number the items comprising the record, and shall transmit to the appellate court, within 40 days from the date of filing the notice of appeal, the index listing the contents of the record and the number thereof, together with copies of the final complaint, any minute entry or order waiving filing fees, the judgment from which the appeal lies, the notice of appeal and notice of any cross-appeal, and any civil appeals docketing statement. Upon request of the clerk of the appellate court, the clerk of the superior court shall transmit copies of any other item. The clerk of the superior court shall also serve a copy of the index upon all parties to the appeal. If an enlargement of time is desired, the appellant obtain an order from the superior court extending the time for transmitting the index to not more than 90 days from the date of filing the appeal if the order for extension is made before the expiration of the period for transmittal as originally prescribed or as extended by previous order. If a certified transcript or electronic recording if authorized by the court is not obtained by the date the appeal is docketed application by the appealing party shall be made to the appellate court for relief.
(3) The clerk of the appellate court shall notify the clerk of the superior court when the final brief on appeal has been filed. Within 15 days from the date of such notice, the clerk of the superior court shall transmit to the appellate court the pleadings, documents, minute entries, and electronic, paper and photographic exhibits of a manageable size filed with the clerk of the superior court, and any narrative or agreed statement.
(4) Either party may include copies of any of the papers making up the record on appeal as an appendix to any of the briefs.
(5) The court, or any party upon motion made to the appellate court, may request the transmission of exhibits not automatically transmitted under Rule 11(a)(3), when such are necessary to the determination of the appeal.
(6) The clerk of superior court, upon complying with Rules 11(a)(3), shall notify the parties to retrieve exhibits not transferred to the appellate court. The parties shall retain these exhibits for safekeeping in the same condition for the duration of the case.
(b) The Certified Transcript; Duty of Appellant to Order; Notice to Appellee if Partial Transcript is Ordered.
(1) No later than 10 days after filing the notice of appeal, the appellant shall order an original and one copy of a certified transcript, if any, of such parts of the proceedings as the appellant deems necessary for inclusion in the record. 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 shall include in the record a certified transcript of all evidence relevant to such finding or conclusion.
(2) If the proceedings to be transcribed were recorded by a certified court reporter, the appellant shall order the transcript directly from the court reporter.
(3) If the proceedings to be transcribed were electronically recorded and no certified court reporter was present, the appellant shall order the transcript from an authorized transcriber. The appellant shall promptly file with the superior court clerk and serve on the other parties a copy of the designation of record ordered from the transcriber.
(4) All parties to the appeal shall cooperate with the transcriber by providing such information as is necessary to facilitate transcription, including providing the transcriber with a copy of any designation made under subsection (b)(2) of this rule. The court will furnish the transcriber with a copy of the electronic recording to be transcribed upon receipt of a notice from the transcriber that satisfactory financial arrangements have been completed.
(5) Unless the entire certified transcript as limited in subparagraph (8) below is to be included, the appellant shall, within the time above provided, file a description of the parts of the certified transcript which the appellant intends to include in the record and a concise statement of the issues the appellant intends to present on the appeal, a copy of which shall be served by appellant on appellee. If the appellee deems a certified transcript of other parts of the proceedings to be necessary, the appellee shall, within 10 days after the service of the statement of the appellant, file a designation of additional parts to be included. If the appellant refuses to order such parts, the appellant shall, within 5 days, notify the appellee in writing of such refusal. The appellee may either order the parts or apply to the superior court for an order requiring the appellant to do so. At any time prior to submission to the appellate court for decision, a party may apply to the appellate court to include any additional part of the certified transcript.
(6) At the time of ordering, the party ordering must make satisfactory arrangements with the certified court reporter or authorized transcriber for payment of the cost of the certified transcript and file a notice to that effect. Failure or delay in making satisfactory arrangements shall be cause for such sanctions as the superior court deems proper.
(7) Unless otherwise ordered by the Court of Appeals, promptly upon the docketing of the appeal, the appellant shall file the certified transcript with the clerk of the appellate court and shall serve a copy of the certified transcript upon the appellee. Notice of service of the certified transcript shall be filed with the appellate court reflecting when and upon whom service was made. If there is more than one appellee, the appellees shall agree upon and shall promptly inform the appellant of the party upon whom the appellant shall serve the certified transcript copy, and that party shall make the copy available for use by the other appellees.
(8) The certified transcript shall not contain the testimony of jurors touching on their qualifications, any other matters preceding the impaneling of a jury, or the opening statements or arguments of counsel to the jury, or any part thereof, unless specifically designated by one of the parties to be contained in the certified transcript.
(9) The parties shall not include in the certified transcript any matter not essential to the decision of questions presented by the appeal. For any infraction of this rule, the appellate court may impose sanctions pursuant to Rule 25.
(10) These rules shall apply to the electronic recording if such has been previously authorized by the court in accordance with section (a)(1) of this rule.
(c) Narrative Statement of the Evidence or Proceedings When the Certified Transcript is Unavailable. If a certified transcript is unavailable, the appellant may prepare and file a narrative statement of the evidence or proceedings from the best available means, including the appellant’s recollection. The statement shall be filed within 30 days after filing the notice of appeal. The appellee may file objections or proposed amendments thereto within 10 days after service. If the appellant does not file such a statement within the specified time, the appellee may prepare and file such a statement, and the appellant may file objections or proposed amendments thereto within 10 days after service. Thereupon the statement of the appellant or the appellee and any objections or proposed amendments shall be submitted to the superior court for settlement and approval, and as settled and approved shall be transmitted to the appellate court.
(d) Agreed Statements in Lieu of Certified Transcript. In lieu of the certified transcript, the parties may stipulate as to and file an agreed statement, which sets forth such evidence or proceedings as are essential to a decision of the issues presented by the appeal. The agreed statement shall include a statement of the issues the appellant intends to present on the appeal. The agreed statement shall be filed within 30 days after filing the notice of appeal, and shall be submitted to the superior court for settlement and approval. The superior court may make such additions and corrections as it may consider necessary to the issues presented by the appeal. The agreed statement, as corrected and modified, shall thereupon be transmitted to the appellate court.
(e) Correction or Modification of the Record. If any controversy arises as to whether the record discloses what actually occurred in the superior court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material is omitted from the record by error or accident or is misstated therein, the parties, upon stipulation, or the superior court upon motion (either before or after the record is transmitted to the appellate court), or the appellate court upon motion, may direct that the omission or misstatement be corrected. If appropriate, an amended record shall thereafter be transmitted to the appellate court. All other questions as to the form and content of the record shall be presented to the appellate court.
(f) Several Appeals. When more than one appeal is taken from the same judgment, a single certified transcript (or narrative statement of the evidence or agreed statement) shall be prepared containing all the matter designated or agreed upon by the parties, without duplication.
(g) Certification of Copies of Relevant Portions of Original Record for Preliminary Hearing in the Appellate Court. If prior to the time the record is transmitted, a party desires to urge in the appellate court a motion for dismissal, for a stay pending appeal, for additional security on the bond on appeal or on a supersedeas bond, or for any intermediate order, that party in filing such motion, or any party in responding to such motion, shall attach thereto a copy of those portions of the original record as that party deems relevant. The clerk of the superior court shall attach to said copy a certification stating that the attached portions of the record are accurate copies of the superior court record.