Record On Appeal in United States

Practical Information

Note: Some of this information was last updated in 1982

A copy of the pleadings, exhibits, orders, or decrees filed in a case in the lower court, and a transcript of the testimony taken in the case. The purpose of the record is to inform the apellate court (in U.S. law) of what transpired in the lower court. The rules specify that the record will be abbreviated as much as possible, so the judges will not have to wade through a mass of extraneous material. The appellate court does not need to be informed about matters that are not pertinent to the decision of the questions before it.

Assignment of errors and instructions to the clerk

The appellant files assignments of error and directions to the clerk (see more).

Preparation

The directions for preparing the notice of appeal apply also to assignments of error and instructions to the clerk. The originals are filed with the Clerk of the Court, and copies are served on counsel for the appellee. Proof of service of these documents on opposing counsel is filed with the clerk and included in the transcript of record.

Certification, filing, and service

The record is certified by the Clerk of the lower Court, and also verified by the clerk if he or she does not prepare it. A copy (or copies) is served on opposing counsel, and the original and required number of copies (see the rules) filed with the Clerk of the appellate Court, together with proof of service. The record must be filed within the time specified by the rules. A filing fee is required at the time the record is filed.

(Revised by Ann De Vries)

What is Record On Appeal?

For a meaning of it, read Record On Appeal in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Record On Appeal.

Preparation Of The Record on the Appelate Courts of California

The appellate courts only act on the pieces of the written record that come before them. This section explains what makes up the record on appeal.