Sup. Ct. R. App. proc. Crim. 7

As amended through August 22, 2024

Rule 7 - Record on Appeal

a. Within 14 calendar days after the filing of the notice of appeal, when the defendant is the appellant, a defendant who is not proceeding as an indigent on appeal shall make arrangements with all authorized transcribers to pay any record or transcript preparation fees. Thereupon, each authorized transcriber shall promptly prepare the transcript.

b. In lieu of the record of proceedings or transcript in the trial court, the parties may submit a joint statement of the record on appeal, prepare and sign an agreed statement as to the record on appeal, 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, any authorized transcriber.

c. The record on appeal shall consist of originals or certified copies of these items:

(1) The not ice of appeal;

(2) The docket or list of events;

(3) Documentation or record of payment of a fine, restitution, or posting of bond;

(4) The charging document and any amendments;

(5) Disposition or judgment or sentence; and

(6) The order, judgment, or ruling that is the subject of the appeal.

Unless otherwise designated by a party, the record shall also include:

(7) Any written motions, responses, and replies;

(8) Any exhibits (admitted or not);

(9) The recording or certified transcript of the trial, as the Superior Court may require (except that voir dire, opening and closing argument, and jury instructions shall not be included unless designated by a party);

(10) If designated for inclusion by a party, oral argument on motions, voluntariness, or suppression hearings; aggravation or mitigation hearings; probation violation proceedings; and the entry of judgment and sentence;

(11) Any other matter designated by a party.

d. Within the time allowed to appeal, the appellant shall also file an original and copy of a designation of items to be included in the record on appeal. Both documents shall be date stamped on the face thereof when received by the court. The trial court shall send the copy to the opposing side. Within 14 calendar days of the date of filing, the opposing party may also file its designation of portions of the record to be included.

e. Correction or modification of the record on appeal. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, the trial court before the record is transmitted to the Superior Court, or the Superior Court on motion of either party or on its own initiative after the record has been transmitted to the Superior Court, 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.

f. Unless designated by a party or requested by the Superior Court, the record on appeal shall not include: determinations of release conditions, notices of appearance, discovery disclosures, notices of defenses, subpoenas, notices of pretrial or trial settings. MVD abstracts or other agency advisories, or general correspondence.

g. 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.

Sup. Ct. R. App. proc. Crim. 7

Amended Nov. 19, 1979, effective 4/1/1980;5/23/1994, effective 12/1/1994;1/24/2003, effective 6/1/2003;9/18/2006, effective 1/1/2007;9/18/2008, effective 1/1/2009.