6.5 Curing Problems with the Record

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

6.5 CURING PROBLEMS WITH THE RECORD

Because cases on appeal rest on the record, defects in the record can prove fatal to an appeal. It is counsel's responsibility to ensure that the record transmitted to the appellate court is complete. In the vast majority of cases, overworked and underpaid trial court clerks diligently perform their role of assembling and transmitting the record. On rare occasions, however, counsel must file a motion to address problems with the record to ensure the viability of an appeal and ask the court to correct or complete the record.

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