As amended through November 7, 2024
Rule RAP 24 - Contents and Designation of Record on Appeal(A)Composition of the Record on Appeal. The following items constitute the record on appeal: (1)Written Record. The entire original written record on file in the office of the clerk of the trial court, including juror strike sheets made pursuant to RCr 9.36, designations or stipulations of the parties with respect to the record, and a copy of the certification of record on appeal, including a copy of the case history and docket shall be included.(2)Exhibits and Physical Evidence. Exhibits, such as documents, maps and photographs, and other papers or electronic records that are reasonably capable of being enclosed in legal-sized envelopes, shall be included in the record on appeal. Weapons, contraband, and other physical evidence shall not be transmitted to the appellate court unless specifically directed by the appellate court upon a timely motion of a party or upon its own motion.(3)Official Recordings. The official electronic recording of court proceedings is the official record for appeal. Official recordings of the trial that results in the order or judgment being appealed from shall be certified as a part of the record on appeal. In addition, official recordings of other proceedings that have been designated by the parties or agreed upon by stipulation shall be certified as a part of the record on appeal.(4)Transcripts of Court Proceedings are Not the Official Record. Parties to an appeal may attach an evidentiary appendix, consisting of a limited number of pages of a transcript of an official proceeding, as an evidentiary appendix to their brief as set forth in RAP 32(E)(2). A transcript included in an evidentiary appendix does not take the place of an official video record.(B)Designation of Record on Appeal(1)Appellant's Duty.(a)Contents of Record Designation. Appellant or counsel for appellant, if any, shall provide the clerk of the trial court with a designation listing with specificity the dates on which official recordings were made for all pre-trial and post-trial proceedings necessary for inclusion in the record on appeal. While trial recordings are part of the record on appeal regardless of designation, to facilitate the timely preparation and certification of the record, the parties should list the date(s) of any trial proceedings.(b)Timing of Record Designation. If RAP 22 (prehearing procedure) is applicable, the designation shall be filed with the clerk of the trial court no later than 10 days from the order ending the prehearing procedure under RAP 22(B)(2). In all other appeals, the designation shall be filed with the clerk of the trial court no later than 10 days from the filing of the notice of appeal.(2)Other Party's Duty. No later than 10 days from the service and filing of appellant's designation, or no later than 10 days from the time for filing of such designation has expired, any other party to the appeal may file a designation of additional dates of pre-trial or post-trial recordings as that party wishes to be included.(3)Recordings Designated but not Sent. If pre-trial or posttrial recordings that were timely designated for inclusion in the record on appeal are omitted from the record on appeal, the party may notify the circuit clerk pursuant to RAP 25(C).(4)Recordings not Timely Designated for Inclusion. Pre-trial or post-trial recordings that are not timely designated for inclusion will not be included in the record on appeal other than as set forth in RAP 25(D).Adopted by order 2022-49, eff. 1/1/2023.