1 Preparing Appellate Records & Transcripts Stephen Kenyon Clerk of the Idaho Supreme Court and Idaho Court of Appeals

2 Scope of Webinar We will discuss tips and traps that arise when district courts prepare and file appellate records and transcripts. We will discuss tips and traps that arise when district courts prepare and file appellate records and transcripts. First section will focus primarily on Court reporters First section will focus primarily on Court reporters

Filing Transcripts A few of the basics for filing transcripts. A few of the basics for filing transcripts. IAR 24(a) provides: IAR 24(a) provides: Filed with District Court : Original hard copy, additional hard copy and one electronic copy, plus one copy for appellant and one to respondent. (thus a total of 4 hard copies + one electronic copy) Filed with District Court : Original hard copy, additional hard copy and one electronic copy, plus one copy for appellant and one to respondent. (thus a total of 4 hard copies + one electronic copy) If there are more than two parties they will have to share the transcript. If there are more than two parties they will have to share the transcript. If the parties want an additional electronic copy the reporter can charge $20.00 for an additional electronic copy. IAR 24(b) If the parties want an additional electronic copy the reporter can charge $20.00 for an additional electronic copy. IAR 24(b) If no estimate of pages is filed a deposit of $ requires the CR to prepare the transcript – however, don’t serve the transcript until you are paid in full. IAR 24(c). If no estimate of pages is filed a deposit of $ requires the CR to prepare the transcript – however, don’t serve the transcript until you are paid in full. IAR 24(c). 3

Transcripts continued Time for filing transcripts: Time for filing transcripts: If transcript is: If transcript is: pages - transcript must be filed with the district court within 30 days pages - transcript must be filed with the district court within 30 days pages – transcript must be filed with the district court within 63 days pages – transcript must be filed with the district court within 63 days. Over 500 pages – file the over 500 page motion found here: Over 500 pages – file the over 500 page motion found here:

The transcript 5 There is no copyright to a transcript because it was prepared as a work product for the State. There is no copyright to a transcript because it was prepared as a work product for the State. No matter what type of transcript, the fee is $3.25 per page. No matter what type of transcript, the fee is $3.25 per page. The $3.25 page rate is set by Idaho Code § (2) The $3.25 page rate is set by Idaho Code § (2)

What to file at Supreme Court After you have filed two hard copies with the district court and served parties with their two copies: After you have filed two hard copies with the district court and served parties with their two copies: File hard copy notice of lodging with district court for their file. File hard copy notice of lodging with district court for their file. Send an electronic copy to the Supreme Court Send an electronic copy to the Supreme Court Send notice of transcripts lodged Send notice of transcripts lodged These can be in the same – just make sure you clarify in title. Notice of lodging and electronic transcript. These can be in the same – just make sure you clarify in title. Notice of lodging and electronic transcript. 6

Other Transcript Issues No more than 300 pages (paper) per volume. IAR 26(I). No more than 300 pages (paper) per volume. IAR 26(I). For compressed transcripts it is limited to 200 pages. IAR 26(M)(D). For compressed transcripts it is limited to 200 pages. IAR 26(M)(D). Covers – clear plastic. IAR 26(l) Covers – clear plastic. IAR 26(l) 7

Transcripts 8

Haven’t done an appeal before? 9

How to prepare Records 10

Preparing Appellate Records Fees and charges, IAR 27 Fees and charges, IAR 27 Five copies of record are required Five copies of record are required One each for Appellant and Respondent One each for Appellant and Respondent Three copies filed with Supreme Court Three copies filed with Supreme Court Fees are $1.25 per page plus reasonable charges for covers Fees are $1.25 per page plus reasonable charges for covers Any additional copies of the record 50 cents per page. Any additional copies of the record 50 cents per page. Parties pay $100 deposit and Clerk prepares the record. Parties pay $100 deposit and Clerk prepares the record. 11

Record, Continued Don’t serve record until you have received payment in full for record. Don’t serve record until you have received payment in full for record. If parties haven’t paid you – please notify Supreme Court, we will issue conditional dismissal order. If parties haven’t paid you – please notify Supreme Court, we will issue conditional dismissal order. 12

Appellate Record Timeline Notice of Appeal filed identifying what need prepared Record prepared and served on parties – 28 day settlement begins At conclusion of settlement period file three copies of the record with the appellate courts. 13

Templates We have templates for all stages of the appeal. We have templates for all stages of the appeal. solving/forms solving/forms solving/forms solving/forms 14

What about the outside? 15

Do This Not That 200 page limit for all records unless in the middle of a document or can be completed in 250 pages. 200 page limit for all records unless in the middle of a document or can be completed in 250 pages. Do make sure file stamped date matches ROA date. Do make sure file stamped date matches ROA date. Watch for documents without a file stamp but in the ROA. Watch for documents without a file stamp but in the ROA. 16

Records…. Make extra copy of your index and check it off showing that each requested document is in the record. (good way to verify that index matches record). Make extra copy of your index and check it off showing that each requested document is in the record. (good way to verify that index matches record). Make sure copy of exhibit list is included with with the exhibits. Make sure copy of exhibit list is included with with the exhibits. 17

More Records Careful when copying pictures – make sure they are clear as possible. Careful when copying pictures – make sure they are clear as possible. Do not put CDs in record. Do not put CDs in record. Double check page numbers of filings – double check that each filing has all pages needed. Double check page numbers of filings – double check that each filing has all pages needed. Bates stamps start with the first page (not after the ROA) Bates stamps start with the first page (not after the ROA) 18

Filing Stamps Do make sure you have an legible file stamp on all documents copied. Do make sure you have an legible file stamp on all documents copied. Critical that filing stamps are clear and legible. Critical that filing stamps are clear and legible. The Clerk’s signature should be small and should not block out date stamp. The Clerk’s signature should be small and should not block out date stamp. If illegible talk to clerk who stamped it in and get affidavit of date. If illegible talk to clerk who stamped it in and get affidavit of date. 19

Bates Stamps Begin on the first page of the record (not after ROA and indexes) Begin on the first page of the record (not after ROA and indexes) Don’t cover up critical document page numbers or dates, if needed move bates stamp a bit as to not stamp over critical dates etc. Don’t cover up critical document page numbers or dates, if needed move bates stamp a bit as to not stamp over critical dates etc. If you make a mistake – black it out and do it again, please no white out. If you make a mistake – black it out and do it again, please no white out. 20

Exhibits 21

How to prepare exhibits Only offered or admitted exhibits (attorneys sometimes try to save money by getting docs in exhibits) Only offered or admitted exhibits (attorneys sometimes try to save money by getting docs in exhibits) Photocopies only. Photocopies only. Make plenty of copies of certificate of exhibits Make plenty of copies of certificate of exhibits 22

Electronic Records View webinar for electronic records View webinar for electronic records education/clerks-archive education/clerks-archive 23

First - Electronic Records July 2010 electronic records project began Available to all counties that want to scan appellate records 24