Rule RAP 26 - Duties of Circuit Court Clerk Regarding Preparing, Certifying, and Forwarding the Record and Review or Withdrawal of Appellate Record(A)Duties of Clerk Upon Filing of Notice of Appeal(1)Transmittal of Documents. Upon the filing of a notice of appeal to the Court of Appeals or to the Supreme Court, the clerk of the circuit court shall forthwith transmit a copy of the notice of appeal to the appellate clerk and counsel for the parties to the case in the circuit court (or to the parties if they are pro se), together with copies of (a) the docket sheet of the court from which the appeal is taken; (b) the judgment or order sought to be reviewed; (c) any opinion or findings of the circuit court or administrative agency; and (d) the receipt for the notice of appeal filing fee or an order granting a motion to proceed in forma pauperis.(2)Additional Duties in Criminal Appeal. In addition, if the case is a criminal case the above documents shall also be provided to the Attorney General's Office. If the notice of appeal in a criminal case is filed by a public advocate, the above documents shall also be provided to the Department of Public Advocacy. If the notice of appeal was mailed by an inmate, the clerk shall provide a copy of the envelope to the appellate clerk with the notice of appeal.(3)Record of Trial Court Video. (a) Upon the filing of a notice of appeal, a certified copy of video recordings required by CR 98(2), or a court-certified copy of that portion recording the court proceeding being appealed, shall be filed with the clerk and certified by the clerk as part of the record on appeal. A second copy of the video recording, or a court-certified copy of that portion recording the court proceeding being appealed, also shall be retained by the clerk.(b) The clerk shall arrange for the recording of duplicate copies of video recordings for use by counsel in preparing an appeal. The clerk shall charge the person requesting a duplicate video recording a reasonable fee, which shall be set by the Administrative Office of the Courts, for each duplicate video tape, disk or other media requested.(B)Duties of Clerk Regarding Preparing and Certifying Record.(1)Written Record. The circuit court clerk shall prepare and certify the entire original written record on file in the clerk's office. All parts of the written record on appeal shall be arranged in the order in which they were filed or entered, including juror strike sheets made pursuant to RCr 9.36. If the record comprises more than 150 pages, it shall be divided into two or more volumes not exceeding 150 pages each. Each volume shall be securely bound. Logs of any official recordings designated must be included in the record. In addition, there shall be a general index at the beginning of the record and an index to each volume in the front thereof which shall show, in the order in which they appear, the pages on which all pleadings, orders, judgments, instructions, and papers may be found.(2)Official Recordings. The clerk shall prepare and certify official recordings of the trial resulting in the order or judgment being appealed and shall further certify other official recordings that have been designated by a party. The clerk may certify a recording of the entire docket of proceedings on a designated date if a log of that docket is included in the record.(3)Exhibits and Physical Evidence. All exhibits such as documents, maps, photographs, and other papers reasonably capable of being enclosed in legal-sized envelopes, shall be transmitted to the appellate court. 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. All exhibits filed with the record shall be sufficiently identified.(4)Time for Certification.(a) If RAP 22 does not apply to the appeal, the record on appeal shall be certified by the clerk within 30 days after the date of filing the first notice of appeal.(b) If RAP 22 applies to the appeal, the clerk shall prepare and certify the record within 30 days of the order ending the prehearing procedure under RAP 22(B)(2).(c) In in forma pauperis cases, the time for certifying the record on appeal shall run from the date a motion to proceed in forma pauperis is granted.(d) The appellate court, in its discretion, may extend the time for certification of the record upon motion and a showing of good cause.(5)Notice of Certification. The clerk of the court from which the appeal is taken shall immediately notify the clerk of the appellate court when the record has been completed and certified as required by this rule, and shall simultaneously serve copies of such notification and the index of the record on appeal upon all parties to the appeal. The clerk shall enter the fact and date of such notification in the case history of the case.(C)Several appeals. When more than one appeal is taken to an appellate court from the same judgment, a single record on appeal shall be prepared containing all the matter designated or agreed upon by the parties, without duplication. If there are separate appeals to the Supreme Court and the Court of Appeals in a criminal case, a copy of the original record shall be made up and certified as the record on appeal in the Court of Appeals.(D)Transmitting and Retaining the Record.(1)Retention of Record Until Requested. Until the record on appeal is requested by the clerk of the appellate court, the record on appeal shall be retained under the responsibility and control of the clerk of the circuit court.(2)Withdrawal of Record.(a) Counsel for the parties may withdraw the record on appeal from the trial court or the circuit court clerk.(b) The record on appeal shall not be withdrawn by pro se parties, but it may be viewed in the trial court or circuit clerk's office during regular business hours.(c) The record on appeal will be made available first to counsel for the appellant and then to the counsel for the appellee and then to counsel for appellant. If the record on appeal is removed from the clerk's office, counsel for the party withdrawing the record shall return it before submitting the party's brief to the appellate court. A record on appeal shall not be retained by counsel beyond the filing date on which the brief for the party represented by that counsel is due.(d) The original evidentiary exhibits and the official electronic records shall be retained in the clerk's office until the record is transmitted to the appellate court, and they may not be withdrawn by any party or by counsel for any party.(e) Withdrawals and returns of the record on appeal shall be noted by the clerk.(3)Transmission of Record. The circuit court clerk shall transmit the record on appeal to the appellate court when so requested by the clerk of the appellate court. When transmitting the record on appeal, the clerk shall send one certified copy of the recorded proceedings prepared pursuant to RAP 24.(E)Duties of Clerk on Appeal of Order Granting or Denying a Writ of Habeas Corpus. As set forth in RAP 52(B), a record on appeal consisting of all documents on file with the circuit court and all video record of any hearings held, unless the party appealing specifies otherwise, shall be transmitted to the Court of Appeals as soon as possible, but no later than 10 days from the filing of a notice of appeal from an order granting or denying a writ of habeas corpus.(F)Duties of Clerk on Appeal of In Forma Pauperis. As set forth in RAP 55(D), the appeal of certain orders relating to motions to proceed in forma pauperis are expedited proceedings. In such appeals, a certified copy of the abbreviated record shall be bound and page numbered according to the normal procedure for a record on appeal. The original record shall be retained by the lower court clerk. The certified copy of the abbreviated record shall be transmitted to the appellate court clerk as soon as possible, but no later than 10 days from the notice of appeal.Adopted by order 2022-49, eff. 1/1/2023.