Utah Courts
URAP Rule 12 (Rules of Appellate Procedure)
URAP Rule 12 (Rules of Appellate Procedure)
Rule 12. Transmission of the record.
(a) Duty to prepare and file transcript; request for enlargement of time.
(a)(1) On receiving a transcript request, the appellate court clerk will assign the transcript preparation to the court reporter who reported the proceedings or, if recorded on video or audio equipment, to an official court transcriber and notify the requesting party of the assignment. With appellate court approval, the parties may stipulate that a person other than an official court transcriber may transcribe a recorded hearing.
(a)(2) A party requesting a transcript must make satisfactory arrangements for paying the fee to the reporter or transcriber. The transcript must be completed and filed within 30 days after payment arrangements have been made.
(a)(3) The reporter or transcriber may request through the Transcript Management System an enlargement of time in which to file the transcript. The request for enlargement of time must contain the elements stated in CJA 5-201(1). If filed before the transcript preparation period expires, the request must make a showing of good cause. If filed after the period expires, the request must make a showing of extraordinary circumstances beyond the control of the reporter or transcriber.
(a)(4) On completing the transcript, the reporter and, if applicable, the transcriber must certify that the transcript is a true and correct record of the court hearing or of the file provided by the appellate court clerk. The reporter or transcriber must prepare an index of its contents and file the electronic file through the Transcript Management System. At the request of the person ordering the transcript or at the request of the appellate court, the reporter or transcriber must file the transcript in a compressed format that places multiple complete pages of the original transcript upon each page of compressed transcript. The compressed transcript must retain the page and line numbers of the original transcript.
(b) Transmitting the record on appeal to the appellate court.
(b)(1) Transmitting an index. Within 20 days from the date of the appellate court’s request, the trial court must transmit the index prepared under Rule 11(b) to the appellate court clerk.
(b)(2) Transmitting a paginated record. Within 20 days from the date of the appellate court’s request, the trial court must transmit the record, including transcripts and exhibits, to the appellate courts.
(b)(3) Transmitting exhibits. Documents of unusual bulk or weight, and physical exhibits other than documents, photographs, or binders, must not be transmitted by the trial court unless directed to do so by a party or by the appellate court clerk. A party must make advance arrangements with the clerks for transporting and receiving exhibits of unusual bulk or weight.
(b)(4) Examining the record. During the briefing period, the parties may obtain a copy of the record on appeal from the appellate courts. If a digital record is available, it may be shared with the parties electronically.
(b)(5) Checking out the record on appeal. During the briefing period, if a physical record on appeal exists, counsel for the parties who are members of the Utah State Bar in good standing may, as officers of the court, check out the record upon written request to the appellate court clerk.. The record may be mailed by registered mail or other reputable overnight carrier, return receipt requested, provided that counsel requesting mailing makes advance arrangements with the clerk and pays the cost of shipping. The record may be picked up in person by counsel or counsel’s authorized agent. Counsel must promptly return the record to the court no later than when the party’s brief is filed.
(c) Expediting the transmittal of parts of the record. If the appellate court requires the record before the time the record is transmitted, the trial court clerk at the request of any party or of the appellate court must transmit to the appellate court such parts of the original record as designated.
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