Post-Trial and Appeals
Appeals
The record includes the pleadings, filed documents, transcripts, exhibits, and the docket. Material not presented to the trial court is generally not part of the record and cannot be considered.
The appellant bears responsibility for an adequate record.
Alternative Names:
Appellate Record, Record
Why it Matters?
An incomplete record is resolved against the appellant, so a challenge to a ruling requires the transcript of the proceeding where it was made, and its absence produces affirmance without reaching the merits. Ordering transcripts promptly is what prevents that outcome, since transcription takes time and the record must be filed on schedule. Exhibits admitted but not transmitted are a recurring gap.
Frequently Confused with
Related terms
Frequently asked questions
What happens with an incomplete record?
What is the recurring gap?
