Section 2-104 - Transcript(A) How Ordered; Contents. (1) Upon filing the notice of appeal, with the clerk of the court from which the appeal is taken, the appellant shall also file with that court a request directing the clerk to prepare a transcript. The request shall designate the pleading or document to be included in the transcript by listing the name of the pleading or document and its date of filing. Attempts by parties to circumvent this section by making generalized requests for all documents filed in the lower court or attaching a pre-printed list from the Register of Actions in JUSTICE shall not be allowed. (2) The transcript shall contain the following:(a) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the lower court's memorandum opinion, if any;(b) The pleadings upon which the case was tried, as designated by the appellant in the request. In the absence of specification or lack of request by appellant, these shall include: in criminal cases, the charging instrument and document or docket entry showing the plea entered; in civil cases, a copy of the last amended petition or complaint and last amended answer; and(c) A copy of the supersedeas bond, if any, given in the trial court, or, if none has been given, a recital of the fact that a bond for costs was given and approved in the trial court, or a deposit made as required by Neb. Rev. Stat. § 25-1914.(d) In cases where an application to proceed in forma pauperis has been filed, a copy of the order of the court granting or denying such. If an order has not been signed prior to the 10-day time period to submit the transcript to the Clerk provided in subsection (B) below, the trial court clerk shall submit the order in a supplemental transcript.(e) Where an appeal is taken from a district court acting as an intermediate appellate court, the transcript shall contain, at a minimum, the transcript from the county court or other tribunal inferior to the district court, any statement of errors filed in the district court, and all orders of the district court disposing of the appeal heard in the district court.(3) If the appellant is of the opinion that other parts of the record are necessary for the proper presentation of the errors assigned in this court, he or she shall further direct the clerk to include in the transcript such additional parts of the record as he or she shall specify in the request. The appellant shall limit his or her request for such additional material to only those portions of the record which are material to the assignments of error. In no instance shall parties request, or the trial court clerk include, any exhibit that may be listed on the trial court register of actions. Inclusion of exhibits in the record shall be as provided in § 2-105(B)(2)(b). In juvenile cases, parties shall not request, and the trial court clerk shall not include, documents that are part of the social file and not part of the public court record.(4) If request is made for documents not present in the record of the case, the lower court clerk shall certify that absence to the Clerk using JUSTICE procedures. The lower court clerk may not include, without specific written request, a copy of any document not required under this rule. The lower court clerk shall, upon request, certify that the record does not contain a described document.(5) In cases where the punishment is capital, no request for a transcript shall be required. The trial court clerk shall prepare a transcript of the record of the proceedings and shall submit the transcript to the Clerk by System-To-System Transfer. Unless directed otherwise, the trial court clerk shall include in the transcript all filings made in the trial court. Upon receipt of the transcript, the Clerk shall docket the appeal in the Supreme Court unless the appeal has already been docketed based upon a filed notice of appeal.(6) A party must raise the absence of a mandatory document prior to submission of the case to the appellate court, unless the court orders otherwise.(B) Form. The transcript shall be electronically prepared by the clerk of the court from which the appeal is taken, using JUSTICE procedures. Except as otherwise provided by § 2-104(A)(2)(a) through (e), the clerk of the court from which the appeal is taken shall select only the documents identified on the request for preparation of the transcript. For documents certified and transmitted to the Clerk pursuant to § 2-101(B), such documents shall also be included in the electronic transcript. The transcript shall be submitted from the lower court to the Clerk by System-To-System Transfer as soon as possible but no more than 10 days after the request is received.(C) Supplemental Transcript. After the original transcript is filed with the Clerk, any party may, without leave of court, request from the clerk of the court from which the appeal is taken a supplemental transcript containing matters omitted from the original transcript and necessary to the proper presentation of the case in the appellate court. Supplemental transcripts shall be submitted by the lower court in the same form as electronic transcripts using JUSTICE procedures. After filing, no change in the original or supplemental transcript shall be made without leave of court. All supplemental transcripts must be filed prior to the day the case is submitted to the court, unless leave of court is obtained in advance to file later.(D) Cases Previously Before the Court. If a case has been appealed previously and a transcript filed in the appellate court in the earlier case, the electronic transcript in the new appeal may contain documents found in any transcript in previous appeal.Rule 4(A)(1)(a) - (c) amended May 28, 1992; Rule (A)(1)(d) adopted October 14, 1999. Renumbered and codified as § 2-104, effective July 18, 2008; amended June 9, 2021, effective 1/1/2022.COMMENT The court specifically intends to eliminate requests for subpoenas, subpoenas, requests for summonses, summonses, interrogatories, appearances of counsel, notices, and other documents not relevant to the appeal. Opinions of the appellate courts appear in the Nebraska Reports and the Nebraska Appellate Reports and should never be included as part of a transcript.