(a) Record - Contents. -An appeal shall be heard on the original papers and exhibits which shall constitute the record on appeal.(aa) Sanctions for failure to pay the record preparation and transmittal fee. -Every appellant is required to pay the record preparation and transmittal fee within the time limit imposed by the trial court unless the trial court waives its fee or otherwise extends the deadline for payment. If an appellant shall fail to comply with the provisions of this rule, the Court may dismiss the appeal sua sponte pursuant to Rule 29(b). Failure to pay the trial court's record preparation and transmittal fee also may be the basis for disciplinary action against the appellant's attorney.(b) Transmission by clerk of trial court. -The clerk of the trial court shall transmit to the Clerk of this Court all original papers including photographs, documentary exhibits and transcripts of testimony. Other exhibits shall be transmitted only upon order of a member of this Court. The clerk of the trial court shall append a certificate identifying the record with reasonable definiteness. The papers, other than exhibits and transcripts, shall be laid flat in chronological order and bound at the top, with a certified copy of the docket entries as the initial paper. Subject to the provisions of Rule 42, the time within which the record shall be transmitted is as follows: (i) Transcript. -If a written statement relating to the transcript is included in the notice of appeal as provided in subparagraph (ii) or (iii) of paragraph (e) of this rule, the clerk shall transmit the record within 10 days after receipt of the transcript;(ii) No transcript. -If a written statement relating to transcript contained in the notice of appeal states that no transcription (or no further transcription) is required, the clerk of the trial court shall transmit the record within 20 days after receipt of the duplicate of the notice of appeal from the Clerk of this Court unless the attorney for another party to the appeal shall timely designate additional transcription pursuant to paragraph (e)(iii) hereof, in which event the clerk of the trial court shall transmit the record within 10 days after receipt of the additional transcription.(iii) Cross-appeal. -In a cross-appeal the same procedure shall be followed except as to parts of the record theretofore transmitted. Immediately upon the filing of the record the clerk shall notify counsel of the date of such filing. (bb) Sealing of court records. -In any appeal except from Family Court, any document or other part of the record that has been sealed by order of the trial court or submitted to the arbitrator as confidential shall remain sealed unless this Court, for good cause shown upon application by any person, shall authorize the unsealing of such document or record. In appeals originating in the Family Court, the record and documents filed with the Clerk of this Court and all proceedings shall remain confidential unless otherwise ordered by the Court, sua sponte, or for good cause shown upon application by a party. Any motion to challenge the confidential treatment of any document or record in this Court shall be governed by the procedures set forth in Rule 30. The Court may, in its discretion, direct the trial court to rule on any such motion. After the filing of any brief under seal, in any appeal except from Family Court, one original and one copy of a redacted brief should be filed with the Court within 15 days.(c) Stipulation to omit papers and order to send up additional papers. -The parties may stipulate that certain parts of the record not be transmitted to this Court. Such stipulation shall be included in the record transmitted by the clerk of the trial court. The stipulation shall state distinctly which parts of the record are to be included and which parts are to be omitted, including the respective docket numbers. The trial court or this Court may direct that any part of the record omitted by stipulation shall nevertheless be transmitted.(d) Return of record to trial court. -Upon final disposition of the appeal the record shall be returned to the clerk of the trial court with the mandate.(e) Transcript. -Except in challenges to a final award under the Delaware Rapid Arbitration Act, the following directions shall apply unless otherwise ordered by the Court: (i) Criminal class A felony. -In any criminal case in which the trier of fact returns a verdict of guilty of a class A felony, the judge of the trial court shall, within 10 days, enter an order directing the preparation of the transcript of the entire trial excluding opening and closing arguments of counsel and jury selection; provided that in cases in which the death penalty is imposed the entire record shall be transcribed. The judge of the trial court shall also designate the party or parties responsible for payment of the cost of such transcript. The trial court upon motion or sua sponte may enter an order modifying the designation of transcript and assignment of costs within 10 days of the entry of the original transcription order. The trial court shall transmit such order for preparation of transcript and any modifying order to the appropriate court reporter and to the clerk of the trial court. A copy of the order of transcription shall be attached to the notice of appeal, or if not prepared and available at the time that an appeal is filed, it shall be filed with this Court as soon thereafter as the order or modifying order has been prepared and is available to the party docketing the appeal. The court reporter shall prepare and file such transcript at the earliest practicable time but not later than 40 days from the date of the trial judge's order directing the preparation of the transcript;(ii) All other cases. -In all other cases appellant shall include in the notice of appeal (or in an attached exhibit) either a statement designating such parts of the proceedings as are deemed necessary to be transcribed for inclusion in the record, or a statement that no transcript need be ordered, with reasons given. In cases where the notice of appeal contains a designation, the attorney for the appellant shall promptly serve a copy of the notice of appeal upon the appropriate court reporter and shall, no later than 7 days after the filing of the notice of appeal, file with the Clerk of this Court a certificate setting forth that service has been accomplished and that the cost of the transcript has been, or will be promptly, paid. The service upon the court reporter shall be in the manner set forth in Rule 10 for service upon attorneys, except that only one copy of the notice of appeal need be served. If the notice of appeal as initially filed is accompanied by a proof of service upon the court reporter which complies with Rule 10(c), no separate certificate of such service need be filed. The notice of appeal so served shall constitute an order to the court reporter to prepare a transcript of the parts of the record so designated that are not already on file. Such designation in or attached to the notice of appeal shall comply substantially with Official Form C;(iii) Parties other than appellant. -Within 15 days after the appeal is docketed, the attorney for each of the other parties to the appeal shall serve upon the other parties to the appeal and file with the clerk of the trial court and the Clerk of this Court a written designation and direction substantially in the form prescribed by Official Form C or Official Form D; such designation shall be delivered by the attorney forthwith to the appropriate court reporter, and shall constitute a direction to prepare a transcript of the parts of the record so designated;(iv) Filing of transcript. -The court reporter shall prepare and file such transcript at the earliest practicable time but not later than 40 days after receipt of the latest direction specified under subparagraph (ii) or (iii) of this paragraph. Transcripts shall be prepared in the chronological sequence in which the directions required under the preceding subparagraphs of this paragraph are received; provided, however, preparation of the transcript in (1) death penalty appeals and (2) all other criminal appeals shall take precedence over all other work of the court reporter except courtroom assignments.(f) Sanctions for failure to order or pay for transcript. -The time periods provided for the designation, ordering of, and payment for the transcript or portions thereof are mandatory unless extended by Order of this Court for good cause shown. Absent good cause shown, failure to so designate shall not be a basis for enlargement of time for the filing of briefs and appendices under Rule 15. If a party or counsel shall fail to comply with the provisions of this rule, including the timely filing of designations or directions, or the prompt payment for the transcript, as provided herein, the Court may dismiss the appeal sua sponte, pursuant to Rule 29(b). Such failure may also be the basis for disciplinary action against the attorney or other relief in the discretion of the Court.(g) Record in lieu of transcript. -In any case in which the testimony or other pertinent matter has not been stenographically recorded, any factual material which shall be necessary to the disposition of the issues may be certified by the trial court, and, when filed with the clerk of that court shall become part of the record. In any such case, the matter so incorporated in the record shall be so prepared as to present only the rulings of the trial court on matters of law and shall contain only such statements of fact as may be necessary to review those rulings. The parties may enter into a stipulation as to the substance of testimony or other proceedings as may be essential to a decision of the issues to be presented on the appeal, whether or not a stenographic record has been made. The stipulation shall be approved by the judge of the trial court and certified to this Court in lieu of a transcript and without the necessity of the directions required under subparagraphs (ii) and (iii) of paragraph (e) above. Delay in the preparation of such statement shall not enlarge any of the time periods established hereunder.(h) Payment of cost of transcript. -Counsel appointed to represent an indigent party may apply to the trial court for an order determining responsibility for payment of the cost of the transcript at public expense when such payment is required or permissible under law. Counsel may also apply promptly to the trial court, pursuant to § 1515 of Title 13 or other provisions of law, if pertinent, for an order determining responsibility for payment of the cost of the transcript. Otherwise, failure to pay promptly the cost of the transcript ordered shall be grounds for sanctions under subsection (f). A court reporter may require a party to submit a deposit for the preparation of the transcript.(i) Jurisdiction of trial court. -During the pendency of an appeal to this Court, the trial court shall retain jurisdiction over all issues relating to the ordering of transcript in cases on appeal. Any decision of the trial court as to the ordering of transcript in cases on appeal is reviewable by this Court as an appeal issue.Amended effective 6/1/2015; amended June 14, 2021, effective 7/6/2021.