Rule 10 RECORD ON APPEAL.
| Jurisdiction | Colorado |
(a) Composition of the Record on Appeal. The record on appeal in all cases consists of:
(1) All documents filed in the trial court case as of the date of filing of a notice of appeal or any amended notice of appeal; and
(A) Transcripts designated by counsel as set forth in section (d); or
(B) In limited circumstances, such as when the transcript is unavailable, a statement of the evidence or proceedings certified by the trial court as set forth in section (e).
(2) If a timely filed motion pursuant to C.R.C.P. 59 has been filed, the record must also include that motion, any responses, and any order on the C.R.C.P. 59 motion.
(b) Format of the Record.
(1) Electronic Record. If all or part of the record is maintained in electronic format by the trial court, the clerk of the trial court is authorized to transmit the record electronically in accordance with procedures established by the appellate court.
(2) Paper Record. If all or part of the record is transmitted in paper format, the original papers in the record must be submitted. The paper-filed portion of the record must be properly paginated and fully indexed and must be prepared and bound in accordance with procedures established by the appellate court.
(c) Transmission.
(1) Complete Record. The clerk of the trial court must transmit the record to the clerk of the appellate court when it is complete. If the record includes any transcripts, the clerk of the trial court will not transmit the record to the clerk of the appellate court until transcripts are available.
(2) Time. The record on appeal must be transmitted to the appellate court within 63 days (9 weeks) after the date of filing of the notice of appeal unless the time is shortened or extended by an order of the appellate court.
(A) For good cause shown, the appellate court may extend the time for transmitting the record. A request for extension must be made by the clerk of the trial court or the clerk of the trial court's designee within the time originally prescribed or as previously extended.
(B) Any request for extension of the period of time based upon a court reporter's inability to complete the transcript must be supported by an affidavit of the reporter specifying why the transcript has not yet been prepared and the date by which the transcript will be completed. If the reason stated in a court reporter's affidavit for the reporter's inability to complete the record is the failure of the designating party to make adequate arrangement for payment of the transcripts, the designating party must file a response to the affidavit with the appellate court within 7 days.
(C) The appellate court may direct the trial court to expedite the preparation and transmittal of the record on appeal and, upon motion or of its own initiative, take other appropriate action regarding preparation and completion of the record.
(3) Oversized Exhibits. Documents of unusual bulk or weight and physical exhibits will not be transmitted by the clerk of the trial court unless directed to do so by the appellate court.
(4) Sexually Exploitative Material. Transmission of sexually exploitative material will be in accordance with Chief Justice Directive 16-03.
(d) Designation of Transcripts.
(1) If appellant intends to include transcripts of any hearings or trial included in the record on appeal, the appellant must file a designation of transcripts with the trial court and an advisory copy with the appellate court within 7 days of the date of filing the appellant's notice of appeal.
(2) Form 8 must be used to file any designation of transcripts. Any party designating transcripts must comply with the policies adopted by the appellate and trial courts for designating transcripts.
(3) The appellant must include in the record transcripts of all proceedings necessary for considering and deciding the issues on appeal. Unless the entire transcript is to be included, the appellant must include in the designation of transcript a description of the part of the transcript that the appellant intends to include in the record and a statement of the issues to be presented on appeal. The appellee may, within 14 days after the notice of appeal is filed, file with the trial court and an advisory copy with the appellate court its own designation of transcripts if the appellee deems additional transcripts or parts thereof necessary.
(e) Statement of the Evidence or Proceedings. Upon the agreement of the parties, or in cases where a transcript of the evidence or proceedings at a hearing or trial is unavailable, the parties may file a statement of the evidence or proceedings in lieu of designating transcripts with the trial court, and the trial court must certify a statement of the evidence or proceedings in lieu of a transcript.
(f) Supplementing the Record on Appeal.
(1) Before Record is Transmitted. If any material part of the trial court record is omitted or missing from the trial court's record or is misstated therein by error or accident before the record is transmitted to the appellate court, the parties, by stipulation, or the trial court may direct that the omission or misstatement be corrected.
(2) After Record is Transmitted. If any material part of the trial court record is omitted or missing from the record by error or accident or is misstated therein after the record is transmitted to the appellate court, the appellate court, on motion or of its own initiative, may order that the supplemental record be certified and transmitted. Form 9 must be used by any party requesting to supplement the record after the record has been filed in the appellate court.
(g) Settling the Record on Appeal.
(1) If any difference arises as to whether the record truly discloses what occurred in the trial court or a portion of the record is not in the possession of the trial court, the difference must be submitted to and settled by the trial court. The party moving to settle the record must file a motion to stay the appellate court proceedings in the appellate court while the trial court considers the motion to settle the record.
(2) All other questions as to the form and content of the record must be presented to the appellate court.
Source: Amended and effective June 18, 1992; (a)(2) and (b) amended and adopted October 30, 1997, effective January 1, 1998; (a)(3) and (b) amended and adopted April 27, 1998, effective July 1, 1998; (a)(4) and (a)(5) amended and effective September 7, 2006; (b) and (c) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b); entire rule and comments rewritten and adopted October 26, 2017, effective for appeals filed on or after January 1, 2018.
2018
[1] The rule contains the substance of former C.A.R. 11, Transmission of Record. With the adoption of the 2018 revisions, C.A.R. 11 has been deleted from the Colorado Appellate Rules.
[2] The amendments are designed to provide better organization and to create a more comprehensive records rule. With the 2018 revisions, designation of the record, found in prior versions of C.A.R. 10, has been deleted from the rule.
[3] Two new forms, Designation of Transcripts (Form 8) and Motion to Supplement the Record (Form 9) were adopted with the rule change.
Cross references: For inclusion of cost of reporter's transcript in taxable costs of appeal, see C.A.R. 39.
I. General Consideration.
II. Transmission of Record.
II. Enlargement of Time.
I. GENERAL CONSIDERATION.
Law reviews. For article, "The Problem of Delay in the Colorado Court of Appeals", see 58 Den. L.J. 1 (1980).
Annotator's note. Since former C.A.R. 11 is similar to this rule as amended in 2017, the following annotations refer to cases decided under former C.A.R. 11 and rules antecedent to that rule.
Supreme court requires strict compliance with this rule providing the time within which a reporter's transcript must be lodged. Cox v. Adams, 171 Colo. 37, 464 P.2d 513 (1970).
Compliance with the rules in the preparation, certification and lodging of the reporter's transcript is imperative if it is desired to make it a part of the record on error. Smith v. Woodall, 129 Colo. 435, 270 P.2d 746 (1954).
This rule must be interpreted to give it a practical effect. Pueblo v. Mace, 130 Colo. 162, 273 P.2d 1015 (1954).
Applied in People v. Borvm, 632 P.2d 1038 (Colo. App. 1981).
II. TRANSMISSION OF RECORD.
Duties of appellant in appellate and trial courts. A litigant desiring a review of his case upon appeal is confronted with the accomplishment of two projects: One in the supreme court and the other in the trial court. In the supreme court he must make certain that the notice of appeal is timely filed and that his record on appeal is filed within the time prescribed by this rule, or such enlargement thereof as may be fixed. In the trial court, where preparation of the record on appeal is under the jurisdiction of the trial court in manner as provided by C.A.R. 10, he must see to it that the reporter's transcript, if he desires that it be included in the record on appeal, is prepared and lodged within the time fixed therefor by said C.A.R. 10 and this rule, or within such extended period as may be granted by appropriate court order. Cont'l Air Lines v. City & County of Denver, 129 Colo. 1, 266 P.2d 400 (1954).
Appellant's duty to designate portions of record he deems necessary for appeal, and to see that the record is transmitted, and the appellant will not be permitted to take advantage of his own failure to designate the pertinent portions of the transcript as part of the record on appeal. Till v. People, 196 Colo. 126, 581 P.2d 299 (1978).
Transcript may not be filed only when "convenient". Transcripts, like briefs, may not be filed whenever or wherever counsel may find it convenient. Smith v. Woodall, 129 Colo. 435, 270 P.2d 746 (1954); Freeman v. Cross, 134 Colo. 437, 305 P.2d 759 (1957).
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