Rule 11 - Transmission of the record - Jurisdiction of Supreme Court and trial court over appeals(a)Time for Transmission; Duty of Appellant. Except as provided for in Rule 35(e) with respect to cases eligible for mediation, the record on appeal, including the transcript necessary for the determination of the appeal, shall be transmitted to the Supreme Court within sixty (60) days after the filing of the notice of appeal unless the time is shortened or extended by an order entered under subsection (c) of this rule. Promptly after filing the notice of appeal the appellant shall comply with the provisions of Rule 10(b) or (c) and shall take any other action necessary to enable the clerk to assemble and transmit the record. If more than one (1) appeal is filed, each appellant shall comply with the provisions of Rule 10(b) or (c) and this subsection, and a single record shall be transmitted. The appellant shall serve notice of filing the transcript upon all other parties.(b)Duty of Clerk to Transmit the Record. When the record is complete for purposes of the appeal, the clerk of the trial court shall transmit it to the Clerk of the Supreme Court. Documents in bulky containers and physical exhibits other than documents shall not be transmitted by the clerk unless the clerk is directed to do so by a party or by the Clerk of the Supreme Court. A party must make advance arrangements with the clerk of the trial court for the transportation of bulky or weighty exhibits and with the Clerk of the Supreme Court for their receipt. Transmission of the record is effected when the clerk of the trial court forwards the record to the Supreme Court.(c)Extension of Time for Transmission of the Record; Reduction of Time. The trial court may extend the time for transmitting the record. The request for extension must be made within the time originally prescribed or within an extension previously granted, and the trial court shall not extend the time to a day more than ninety (90) days from the date of filing of the first notice of appeal. If the trial court is without authority to grant the relief sought or has denied a request therefor, the Supreme Court may on motion extend the time for transmitting the record or may permit the record to be transmitted and filed after the expiration of the time allowed or fixed. A motion for an extension of time for transmitting the record made in either court shall show that the inability of the appellant to cause timely transmission of the record is due to causes beyond the appellant's control or to circumstances which may be deemed excusable neglect. Whenever an extension of time for transmitting the record is requested because of a delay in the completion of transcripts, a copy of the extension request shall be sent by the appellant to the administrator of the trial court. If a request for an extension of time for transmitting the record has been previously denied, the motion shall set forth the denial and shall state the reasons therefor, if any were given. The trial court or the Supreme Court may require the record to be transmitted and the appeal to be docketed at any time within the time otherwise fixed or allowed therefor.
(d)Retention by and Transmittal of the Record Back to the Trial Court. In cases not electronically filed in the trial court, the Supreme Court may order that a certified copy of the docket entries and designated parts of the record shall be transmitted in lieu of the entire record, subject to the right of any party to request at any time during the pendency of the appeal that additional parts of the record be transmitted. If a nonelectronic record that has been transmitted to the Supreme Court is required in the trial court for use therein pending the appeal, the Supreme Court may order that the record or portions thereof be returned to the trial court and the clerk of such court shall retain it subject to further order of the Supreme Court.
(e)Record for Preliminary Hearing in the Supreme Court. If prior to the time the record is transmitted a party desires to make in the Supreme Court a motion for dismissal, for a stay pending appeal, or for any intermediate order, the clerk of the trial court at the request of any party shall transmit to the Supreme Court such parts of the record as the party shall designate.(f)Orders for Dismissal, Extensions to Transmit Record, and Determination of Correctness of Record. From the time of the filing of notice of appeal, the Supreme Court and trial courts shall have concurrent jurisdiction to supervise the course of said appeal and to promulgate orders of dismissal of appeal for failure to comply with these rules, either upon motion of a party or upon the court's own motion. Motions for extensions of time for transmission of the record and the determination of the correctness of the record shall be submitted in the first instance to the trial court in accordance with Rules 10(f) and 11(c). From the time of the docketing of an appeal in the Supreme Court, the Court shall have exclusive jurisdiction to supervise the further course of such appeal and enter such orders as may be appropriate, including orders of dismissal for failure to comply with these rules, either on motion of a party or on its own motion. Notwithstanding the provisions of this subsection, if further proceedings are pending in the Superior, Family, or District Court over aspects of the case not involved in the appeal or petition for review after the case has been docketed in the Supreme Court in accordance with Rule 10(c), any party wishing to seek a stay of such proceedings shall proceed in the first instance to the trial court, or thereafter by motion to the Supreme Court, which shall determine if a stay is warranted pending the resolution of the appeal. If nonelectronic papers and exhibits filed in the trial court or portions thereof are required for the appeal in addition to the certified copies contemplated by Rule 10(c), the Supreme Court may order that such nonelectronic papers and exhibits or portions thereof be transmitted to the Supreme Court, and the Clerk of the Supreme Court shall retain them subject to further order.
Amended effective 6/19/2020; Revised 10/1/2023.