MAXIMIZING SUCCESS ON APPEAL

PROVIDING A RECORD ON APPEAL

1.
The pleadings, motions, affidavits, or other documents that frame the
issue being presented on appeal.
2.

Everything that was in front of the trial court

Do not automatically just ask for the "standard record." In criminal cases, the
standard record does not include such things as affidavits and jury instructions. In
civil cases it will not include such potentially important things as
dispositive motions, affidavits, discovery orders or jury instructions.
3. identify what you want with specificity,
4. request additions to the record
Requesting the Transcript
A. designate the requested transcripts
1.
trial testimony and colloquies between the court and counsel at trial. jury
voir dire, opening and closing arguments, jury instructions and pretrial or posttrial
motion hearings.
2.

If you don't need all or part of the standard transcript, say so.
Motions to augment the record with additional transcripts

Correcting or Augmenting the Record or Transcript

1. file in the district court an objection to the record or

request for additions to or deletions from the
transcript or record.

2. After the record has been settled, any request for

additions, deletions or
corrections may be made by
motion or stipulation filed with the Supreme Court, or the
Court of Appeals if the case has been assigned to it.

a. A motion to augment may be made at any

time. If a judge or justice tells you at oral argument
that portions of the record are missing, You can still
move to augment.

b. attach to your motion a copy of any document

you wish to have augmented in,
Never attempt to "augment" the record by attaching docurnents to your
brief. The court will disregard anything that is not in the official appellate
record.

Exhibits
Copies (not originals) all audio or video recordings
C.
Always check the clerk's certificate of exhibits (contained at the end
of the clerk's record) to confirm that the exhibits you need have been
included.