Rule 3.05 - Designation, transmission and retention of record [Effective until August 1, 2019] (a) Within three working days after the record has been completed (or as otherwise arranged with the clerk of the appellate court), the clerk of the trial court shall advise the clerk of the appellate court in writing that the record has been completed and certified in accordance with these rules, reciting that: (1) Each page of original papers in a file has been numbered and an index of the papers has been prepared. The clerk of the trial court shall provide copies of the index to the clerk of the appellate court and to the parties; (2) The transcript or parts ordered for inclusion and necessary exhibits, have been filed or notice that no transcript was created or ordered; (3) Notification that the trial court has approved a statement of evidence pursuant to Rule 3.03 or an agreed statement pursuant to Rule 3.08. (4) The date the notice of appeal was filed in the trial court and, if applicable, the filing date of a cross appeal. (b) Appellant shall, contemporaneously with filing its brief in the appellate court and service of that brief upon appellee, file with the clerk of the trial court and serve on all parties and the appellate court clerk a designation for transmission of all parts of the record, without unnecessary duplication, to which appellant intends to direct the appellate court in its brief. See Rule 1.03. (c) If appellee desires to designate additional parts of the record for transmission, appellee shall, contemporaneously with filing appellee's brief in the appellate court, file with the clerk of the trial court and serve upon all parties and the appellate court clerk a designation of those parts of the record desired by appellee. See Rule 1.03. (d) Appellant may file an additional designation of record within the time any reply brief is to be filed and served. Service shall be on all parties and the appellate court clerk. (e) Unless the case is a criminal proceeding, no party shall designate the entire record for transmission without an order of the appellate court. Unless specifically relevant to the issue(s) on appeal, record papers, including, but not limited to, setting notices, subpoenas and documents relating to discovery shall not be designated for transmission to the appellate court. Any party who designates unnecessarily duplicative pleadings or other papers not relevant to the appeal may be subject to sanction as provided in Rule 1.03. (f) After all of the briefs have been filed, the clerk of the appellate court shall request that the clerk of the trial court transmit the designated portions of the record within five working days. The record papers transmitted to the appellate court by the clerk of the trial court shall be securely fastened, in an orderly manner, in one or more volumes consisting of no more than 250 pages per volume, with pages numbered and with a cover page bearing the title of the case and containing the designation "Transmitted Record," followed by a complete index of all papers. The transmitted record on appeal shall be organized as follows: (1) The designated pleadings; (2) Transcripts, Statement of the Evidence or Agreed Statement and if appropriate, depositions; (4) Designated exhibits. Individual volumes of transcripts may be combined in an expanding folder. Confidential documents, including Presentence Investigation Reports shall be in a separate volume(s). The clerk of the trial court shall append a certificate identifying the papers with reasonable definiteness. Documents and exhibits of unusual bulk or weight and physical exhibits other than documents shall not be transmitted by the clerk unless so directed by the clerk of the appellate court. A party must make advance arrangements with the clerks of both courts for the transportation to and from the appellate court of exhibits of unusual bulk or weight.
(g) If the appellate court enters an order that the record not be retained by the clerk of the trial court, the clerk of the trial court shall transmit that record to the appellate court in accordance with these rules. (h) If appellant/petitioner fails to designate portions of the record or designate the entire record in a civil appeal, the clerk of the trial court shall promptly notify the clerk of the appellate court. Amended May 5, 1999, effective October 1, 1999; amended July 26, 2006, effective December 1, 2006; amended April 6, 2015, effective July 1, 2015; August 23, 2017, effective November 1, 2017.