Rule 242.36 - Record on Appeal(a) Composition of the Record on Appeal. The record on appeal in all cases must consist of: (1) All documents filed with and orders entered by the Presiding Disciplinary Judge or Hearing Board as of the filing of a notice of appeal or any amended notice of appeal; and (A) Any transcripts designated by a party as set forth in subsection (d) below;(B) Any tendered, non-admitted exhibits designated by a party; and(C) In limited circumstances, such as when the transcript is unavailable, a statement of the evidence or proceedings certified by the clerk of the Presiding Disciplinary Judge as set forth in subsection (e) below.(2) If a timely motion under C.R.C.P. 59 has been filed, the record must also include that motion, any response, and any resulting order.(b) Format of the Record on Appeal. (1) Electronic Record. If all or part of the record is maintained in electronic format by the clerk of the Presiding Disciplinary Judge, the clerk is authorized to transmit the record electronically in accordance with procedures established by the supreme court.(2) Paper Record. If all or part of the record is transmitted in paper format, the original papers in the record must be submitted. The paper-filed portion of the record must be properly paginated and fully indexed and must be prepared and bound in accordance with procedures established by the supreme court.(3) Certification by Clerk. The clerk of the Presiding Disciplinary Judge will certify the records of the Presiding Disciplinary Judge or the Hearing Board, as applicable.(c) Transmission. (1) Complete Record. The clerk of the Presiding Disciplinary Judge must transmit the record to the clerk of the supreme court when the record is complete. If the record will include any transcripts, the clerk of the Presiding Disciplinary Judge will not transmit the record until transcripts are available.(2) Time. The record on appeal must be transmitted to the supreme court within 63 days (9 weeks) after the date of filing of the notice of appeal unless the time is shortened or extended by order of the supreme court.(A) For good cause shown, the supreme court may extend the time for transmitting the record. A request for extension must be made by the clerk of the Presiding Disciplinary Judge within the time originally prescribed or as previously extended.(B) A request for an extension based on a court reporter's inability to complete the transcript must be supported by an affidavit of the reporter specifying why the transcript has not yet been prepared and the date by which the transcript will be completed. If the reason stated in the affidavit for the reporter's inability to complete the record is the failure of the designating party to adequately arrange for payment of the transcripts, the designating party must file a response to the affidavit with the supreme court within 7 days.(C) The supreme court may direct the clerk of the Presiding Disciplinary Judge to expedite the preparation and transmittal of the record on appeal and may, on motion or on its own initiative, take other appropriate action regarding preparation and completion of the record.(3) Oversized Exhibits. Documents of unusual bulk or weight and physical exhibits will not be transmitted by the clerk of the Presiding Disciplinary Judge unless directed to do so by the supreme court.(4) Sexually Exploitative Material. Transmission of sexually exploitative material will be in accordance with Chief Justice Directive 16-03.(d) Designation of Transcripts. (1) Timing. If the appellant intends to include hearing transcripts in the record on appeal, the appellant must file a designation of transcripts with the clerk of the Presiding Disciplinary Judge and an advisory copy with the supreme court within 7 days of the date of filing the appellant's notice of appeal.(2) Form. Form 8 must be used to file a designation of transcripts. A party designating transcripts must comply with the policies adopted by the supreme court and the Presiding Disciplinary Judge for designating transcripts.(3) Contents Designated. The appellant must include in the record transcripts of all proceedings necessary for considering and deciding the issues on appeal. Unless the entire transcript is to be included, the appellant must include in the designation of transcript a description of the part of the transcript that the appellant intends to include in the record and a statement of the issues to be presented on appeal. The appellee may, within 14 days after filing the notice of appeal, file with the Presiding Disciplinary Judge, and provide an advisory copy to the supreme court, its own designation of transcripts if the appellee deems additional transcripts or parts thereof necessary.(e) Statement of the Evidence or Proceedings. If the parties agree, or in cases where a transcript of the evidence or proceedings at a hearing is unavailable, the parties may file with the clerk of the Presiding Disciplinary Judge a statement of the evidence or proceedings in lieu of designating transcripts, and the clerk of the Presiding Disciplinary Judge must certify a statement of the evidence or proceedings in lieu of a transcript.(f) Supplementing the Record on Appeal. (1) Before Record is Transmitted. If any material part is omitted or missing from the record prepared by the clerk of the Presiding Disciplinary Judge or is misstated therein by error or accident before the record is transmitted to the supreme court, the parties may stipulate or the Presiding Disciplinary Judge may direct that the omission or misstatement be corrected.(2) After Record is Transmitted. If any material part is omitted or missing from the record prepared by the clerk of the Presiding Disciplinary Judge by error or accident or is misstated therein after the record is transmitted to the supreme court, the supreme court, on motion or on its own initiative, may order that a supplemental record be certified and transmitted. Form 9 must be used by a party requesting to supplement the record after the record has been filed in the supreme court.(g) Settling the Record on Appeal. (1) If any difference arises as to whether the record truly discloses what occurred before the Presiding Disciplinary Judge or the Hearing Board, as applicable, or a portion of the record is not in the possession of the clerk of the Presiding Disciplinary Judge, the difference must be submitted to and settled by the Presiding Disciplinary Judge. The party moving to settle the record must file a motion with the supreme court to stay the appellate proceedings while the Presiding Disciplinary Judge considers the motion to settle the record.(2) All other questions as to the form and content of the record must be presented to the supreme court.(h) Filing of the Record. After timely receiving the record, the clerk of the supreme court will file the record. The clerk must immediately notify all parties of the record's filing date.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.