Section 10.34 Generally

• Library: App Ct Prac 2015 Supp

A. (§10.34) Generally

The record on appeal consists of two components: the legal file and the transcript.

Rule 30.04 requires that every appellant file a record on appeal with the appellate court involved. The record on appeal must contain all of the record, proceedings, and evidence necessary to the determination of all questions to be presented, by either the appellant or respondent, to the appellate court for its decision. Rule 30.04(a). It is the appellant’s duty to ensure that the record on appeal includes all of the pleadings and proceedings necessary for determination of the questions presented. State v. W____ F. W____, 721 S.W.2d 145 (Mo. App. S.D. 1986).

If there is an issue regarding voir dire examination, that examination must be included in the transcript. State v. Crow, 487 S.W.2d 461 (Mo. 1972). If there is a claim of error regarding oral argument, the transcript must contain the oral arguments of both the state and the appellant so that the appellate court can determine whether the complained of argument was retaliatory. State v. Pryor, 525 S.W.2d 413 (Mo. App. W.D. 1975); State v. Gordon, 527 S.W.2d 6 (Mo. App. W.D. 1975); State v. Taylor, 486 S.W.2d 239 (Mo. 1972). If there is an issue regarding a search and seizure, the legal file must contain the motion to suppress evidence, and the transcript must contain the evidentiary hearing on that motion. State v. Hardin, 21 S.W.2d 758 (Mo. banc 1929); State v. Anderson, 384 S.W.2d 591 (Mo. banc 1964); State v. Campbell, 465 S.W.2d 474 (Mo. 1971).

2013 SUPPLEMENT (§10.34)

A. (§10.34) Generally

In State v. Barber, 391 S.W.3d 2 (Mo. App. W.D. 2012), in which:

a recording machine malfunction caused most of the defendant’s testimony at trial to not have been recorded; the State refused to stipulate to the defendant’s testimony on appeal; and the testimony was crucial to the defendant’s points raised on appeal,

the defendant was prejudiced by the lack of a transcript and entitled to a new trial. Rule 30.04(h) allows parties to correct an omission from a transcript by...