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Preparing Appellate Preparing Appellate Records & TranscriptsRecords & Transcripts

Stephen KenyonStephen Kenyon

Clerk of the Idaho Supreme Clerk of the Idaho Supreme Court and Court and

Idaho Court of AppealsIdaho Court of Appeals

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Scope of WebinarScope of Webinar

We will discuss tips and traps We will discuss tips and traps that arise when district courts that arise when district courts prepare and file appellate records prepare and file appellate records and transcripts. and transcripts.

First section will focus primarily on First section will focus primarily on Court reporters Court reporters

Filing Transcripts Filing Transcripts

A few of the basics for filing transcripts.A few of the basics for filing transcripts. IAR 24(a) provides:IAR 24(a) provides:

Filed with District Court : Original hard copy, additional hard Filed with District Court : Original hard copy, additional hard copy and one electronic copy, plus one copy for appellant copy and one electronic copy, plus one copy for appellant and one to respondent. (thus a total of 4 hard copies + one and one to respondent. (thus a total of 4 hard copies + one electronic copy)electronic copy)

If there are more than two parties they will have to share If there are more than two parties they will have to share the transcript. the transcript.

If the parties want an additional electronic copy the reporter If the parties want an additional electronic copy the reporter can charge $20.00 for an additional electronic copy. IAR can charge $20.00 for an additional electronic copy. IAR 24(b) 24(b)

If no estimate of pages is filed a deposit of $200.00 requires If no estimate of pages is filed a deposit of $200.00 requires the CR to prepare the transcript – however, don’t serve the the CR to prepare the transcript – however, don’t serve the transcript until you are paid in full. IAR 24(c).transcript until you are paid in full. IAR 24(c).

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Transcripts continuedTranscripts continued

Time for filing transcripts:Time for filing transcripts: If transcript is:If transcript is:

0-100 pages - transcript must be filed 0-100 pages - transcript must be filed with the district court within 30 days.with the district court within 30 days.

100-500 pages – transcript must be filed 100-500 pages – transcript must be filed with the district court within 63 days.with the district court within 63 days.

Over 500 pages – file the over 500 page Over 500 pages – file the over 500 page motion found here: motion found here:

http://www.isc.idaho.gov/problem-solving/forms

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The transcriptThe transcript

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There is no copyright to a transcript There is no copyright to a transcript because it was prepared as a work because it was prepared as a work product for the State. product for the State.

No matter what type of transcript, No matter what type of transcript, the fee is $3.25 per page.the fee is $3.25 per page. The $3.25 page rate is set by Idaho The $3.25 page rate is set by Idaho

Code § 1-1105(2)Code § 1-1105(2)

What to file at Supreme CourtWhat to file at Supreme Court

After you have filed two hard copies with the After you have filed two hard copies with the district court and served parties with their two district court and served parties with their two copies:copies: File hard copy notice of lodging with district File hard copy notice of lodging with district

court for their file.court for their file. Send an electronic copy to the Supreme CourtSend an electronic copy to the Supreme Court sctdocuments@idcourts.net Send notice of transcripts lodgedSend notice of transcripts lodged These can be in the same email – just make These can be in the same email – just make

sure you clarify in title. sure you clarify in title. Notice of lodging and Notice of lodging and electronic transcript. electronic transcript.

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Adobe Acrobat Document

Other Transcript IssuesOther Transcript Issues

No more than 300 pages (paper) per No more than 300 pages (paper) per volume. IAR 26(I).volume. IAR 26(I).

For compressed transcripts it is For compressed transcripts it is limited to 200 pages. IAR 26(M)(D). limited to 200 pages. IAR 26(M)(D).

Covers – clear plastic. IAR 26(l)Covers – clear plastic. IAR 26(l)

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Transcripts Transcripts

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Haven’t done an appeal before?Haven’t done an appeal before?

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How to prepare RecordsHow to prepare Records

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Preparing Appellate RecordsPreparing Appellate Records

Fees and charges, IAR 27Fees and charges, IAR 27 Five copies of record are requiredFive copies of record are required One each for Appellant and RespondentOne each for Appellant and Respondent Three copies filed with Supreme CourtThree copies filed with Supreme Court Fees are $1.25 per page plus reasonable Fees are $1.25 per page plus reasonable

charges for coverscharges for covers Any additional copies of the record 50 cents Any additional copies of the record 50 cents

per page.per page. Parties pay $100 deposit and Clerk Parties pay $100 deposit and Clerk

prepares the record. prepares the record.

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Record, Continued Record, Continued

Don’t serve record until you have Don’t serve record until you have received payment in full for record.received payment in full for record.

If parties haven’t paid you – please If parties haven’t paid you – please notify Supreme Court, we will issue notify Supreme Court, we will issue conditional dismissal order.conditional dismissal order.

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Appellate Record TimelineAppellate Record Timeline

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TemplatesTemplates

We have templates for all stages of We have templates for all stages of the appeal.the appeal.

http://www.isc.idaho.gov/problem-solving/forms

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What about the outside?What about the outside?

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Do This Not That Do This Not That

200 page limit for all records unless 200 page limit for all records unless in the middle of a document or can in the middle of a document or can be completed in 250 pages.be completed in 250 pages.

Do make sure file stamped date Do make sure file stamped date matches ROA date.matches ROA date.

Watch for documents without a file Watch for documents without a file stamp but in the ROA.stamp but in the ROA.

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Records….Records….

Make extra copy of your index and Make extra copy of your index and check it off showing that each check it off showing that each requested document is in the record. requested document is in the record. (good way to verify that index (good way to verify that index matches record). matches record).

Make sure copy of exhibit list is Make sure copy of exhibit list is included with with the exhibits. included with with the exhibits.

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More RecordsMore Records

Careful when copying pictures – Careful when copying pictures – make sure they are clear as possible.make sure they are clear as possible.

Do not put CDs in record.Do not put CDs in record. Double check page numbers of filings Double check page numbers of filings

– double check that each filing has all – double check that each filing has all pages needed.pages needed.

Bates stamps start with the first Bates stamps start with the first page (not after the ROA)page (not after the ROA)

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Filing StampsFiling Stamps

Do make sure you have an legible Do make sure you have an legible file stamp on all documents copied.file stamp on all documents copied.

Critical that filing stamps are clear Critical that filing stamps are clear and legible.and legible.

The Clerk’s signature should be small The Clerk’s signature should be small and should not block out date stamp.and should not block out date stamp.

If illegible talk to clerk who stamped If illegible talk to clerk who stamped it in and get affidavit of date.it in and get affidavit of date.

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Bates Stamps Bates Stamps

Begin on the first page of the record Begin on the first page of the record (not after ROA and indexes)(not after ROA and indexes)

Don’t cover up critical document Don’t cover up critical document page numbers or dates, if needed page numbers or dates, if needed move bates stamp a bit as to not move bates stamp a bit as to not stamp over critical dates etc.stamp over critical dates etc.

If you make a mistake – black it out If you make a mistake – black it out and do it again, please no white out.and do it again, please no white out.

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ExhibitsExhibits

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How to prepare exhibitsHow to prepare exhibits

Only offered or admitted exhibits Only offered or admitted exhibits (attorneys sometimes try to save (attorneys sometimes try to save money by getting docs in exhibits)money by getting docs in exhibits)

Photocopies only.Photocopies only. Make plenty of copies of certificate of Make plenty of copies of certificate of

exhibitsexhibits

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Electronic RecordsElectronic Records

View webinar for electronic recordsView webinar for electronic records http://isc.idaho.gov/judicial-education

/clerks-archive

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First - Electronic Records First - Electronic Records

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