Rule 7 - Record on Appeal(a) Joint Statement of the Record. In lieu of any part of the record or transcripts in the trial court, the parties may prepare and submit a joint statement of the record on appeal, signed by all parties and setting forth the issues and pertinent facts presented by the appeal. Notice that a joint statement will be used shall be given to the trial court and any authorized transcribers.(b) Composition of Record. The record on appeal shall consist of originals or certified copies of these items:(1) the notice of appeal;(2) the docket or list of events;(3) documentation or record of payment of bonds;(4) the complaint, answer, counter or cross claims, any amendments, and all proofs of service;(5) the judgment, order, or ruling that is the subject of the appeal or cross-appeal;(6) the parties' appellate memoranda.(7) any other matter designated by a party. Unless otherwise designated by a party, the record shall also include:
(8) written motions, responses, and replies;(9) exhibits (admitted or not);(10) the recording or certified transcript of the trial (except that oral argument on motions, voir dire, opening and closing arguments, and jury instructions shall not be included unless designated by a party) The Superior Court may require the filing of either of the above; Unless designated by a party or requested by the Superior Court, the record on appeal shall not include: notices of appearance, discovery disclosures and motions, notices of defense, subpoenas, notices of motion hearings and trial settings, or general correspondence.
(c) Designation of the Record on Appeal. Within the time allowed to appeal, the appellant shall also file an original, and one copy for each party, of a designation of items to be included in the record on appeal. The documents shall be date stamped on their face when received by the trial court. The trial court shall send the copy(ies) to the opposing side(s). Within 14 calendar days of the date of filing, the opposing party(ies) may also file its designation of portions of the record to be included.(d) Correction or Modification of the Record on Appeal. If anything material to any party is omitted from the record on appeal or is misstated, the parties by stipulation, the trial court (before the record is transmitted to the Superior Court), or the Superior Court (after the record has been transmitted), may direct that the omission or misstatement be corrected or that the record be augmented to reflect what took place, and if necessary, that a supplemental record be certified and transmitted to the Superior Court.(e) Sufficiency of Record on Appeal; Trial de Novo. If it appears to the trial court that the record is insufficient for an appeal on the record, the trial court may, on its own motion or on motion of a party, reset the matter for a new trial within 45 days from such determination. In such event, any appeal rights shall begin to run from the entry of a judgment or order following the new trial. In cases where it appears that the record is insufficient, the preference shall be for a new trial at the trial court level. Notwithstanding the foregoing, cases summarily transferred to the superior court for trial de novo or determined by the superior court to have an insufficient record may be remanded to the original trial court for a new trial or hearing in lieu of a trial de novo in the superior court. Unlike the parties in a trial de novo held in the superior court, the parties in a case remanded pursuant to this rule for a new trial in the original trial court shall have the rights of appeal as provided by statute or rule for all litigants following a trial or the entry of an appealable judgment or order.(f) Disposition of Exhibits Upon Final Judgment. After a judgment has become final and nonappealable, a person who files a request under penalty of perjury setting forth ownership of or lawful entitlement to the possession of an exhibit may obtain an ex parte order permitting its withdrawal. Ninety days after a judgment has become final and nonappealable, the court having possession thereof may dispose of exhibits in its possession.Sup. Ct. R. App. proc. Civi. 7
Added April 30, 2003, effective 6/1/2003 on an emergency basis. Amended Oct. 16, 2003, effective 12/1/2003;9/18/2006, effective 1/1/2007;10/7/2008, effective 1/1/2009.HISTORICAL NOTES
Former Rule 7, Stay of Proceedings to Enforce a Judgement, was repealed by order dated April 30, 2003, effective June 1, 2003 on an emergency basis. For subject matter of former Rule 7, see Rule 6.
COMMENT
For an example of a Local Rule providing for an audiotape record, see Rule 9.4, Local Rules of Practice for the Superior Court (Maricopa County).