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14 December 2012

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Celia C. Elwlell, RP

Depending on the court rules, you might not be able to supplement or revise the record on appeal once it has left the jurisdiction of the trial court. In my state, we get 6 months after the date of the final judgment before the record (designated by the parties) is sent to the appellate court. Once the appellate court gets it, you've lost any opportunity to change the record. It is worth it to take all parties' designation of record to the trial court and double-check the record once it has been put together (I've never run across a clerk who was offended that we were double-checking). When working at the Supreme Court, I saw an instance where a deposition not used as evidence at trial was mistakenly added to the record before the appellate court, and the deposition was used by the Supremes in deciding its opinion.

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The post contains a very important suggestion If writing your brief is not in the record, then as far as the court of appeal is concerned, it doesn't exist.

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