Chapter 8 Filing the Record in a Criminal Case

LibraryHandling Appeals in Arkansas (2021 Ed.)
CHAPTER 8 FILING THE RECORD IN A CRIMINAL CASE
David R. Raupp and Kathryn Henry

A. Introduction

An attorney has 90 days after the file-marked date on the notice of appeal to lodge the record with the Arkansas Supreme Court Clerk. ARAP-Crim 4(a)-(b); ARAP-Civ 5(a).1 The record consists of two things: first, various documents relevant to the case at the trial level; ASCR 3-4, ARAP-Crim 4, ARAP-Civ 6; and, second, hearing and trial transcripts and exhibits admitted into evidence. Before the 90 days elapse, the court reporter must give the transcript to the circuit clerk where the proceedings transpired; the circuit clerk then paginates the entire record, including the transcript, and prepares an index to the record. To give the clerk adequate time to prepare the record, the court reporter must deliver the transcript to the clerk several days before the 90-day deadline expires. Circuit clerks usually need at least several days to compile the record, especially if the trial was lengthy. Circuit clerks also paginate the record, which can sometimes be thousands of pages. Under ACA § 16-13-510(a), the court reporter must file a true and correct transcript with the clerk at least 10 days before the record is due to be lodged on appeal. The circuit clerk then gives the attorney a certified copy of the record to lodge with the appellate court.

In sum, the court reporter types the transcript (spoken trial record), which is a literal transcription (including exhibits) of every proceeding, hearing, and trial in the case; and the circuit clerk prepares the record (papers filed in circuit court), which, assuming the entire record was designated on appeal, is a compilation of every document in the case, including the transcript. Before lodging the record, the attorney should check it against the guidelines in ASCR 3-4 to confirm that all necessary documents are included and are in the correct order.

When an initial record or pleading is filed with the Arkansas Supreme Court Clerk, the attorney or pro se litigant must complete and file a cover sheet. It must be typewritten; however, a pro se litigant may submit a handwritten cover sheet. ASCR 3-7(b). An example cover sheet and instructions can be found under the Appellate Court Forms section of the Arkansas Judiciary website.

B. Lodging the Record

Immediately after filing the notice of appeal, the attorney should calendar the due date for lodging the record. The attorney should also calendar a date about two to three weeks...

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