VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 10. The Record on Appeal

• Jurisdiction: United States

Rule 10. The Record on Appeal

(a) Composition of the Record on Appeal. The original papers and exhibits filed in the Superior Court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the Clerk of the Superior Court shall constitute the record on appeal in all cases. The Clerk of the Superior Court shall forward to the Supreme Court a certified copy of docket entries and a copy of the order or judgment being appealed upon receipt of a copy of the notice of appeal from the Clerk of the Supreme Court. The original complete record should only be transmitted upon request by the Supreme Court.

(b) The Transcript of Proceedings; Duty of Appellant to Order; Notice to Appellee if Partial Transcript Is Ordered.

(1) If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion. Within 14 days after filing the notice of appeal (or entry of the order disposing of the type of timely motion specified in Rule 5(a)(4) or 5(b)(1)), the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as the appellant deems necessary.
Orders for transcripts and/or a certificate that a particular reporter's transcript is not necessary shall be presented on the Transcript Purchase Order (TPO I) form provided by the Clerk of the Supreme Court and shall include the name of the reporter. No other form may be used. A single TPO form shall be submitted regardless of the number of reporters who participated in the proceeding being appealed. The TPO form shall specify which transcripts are being requested and which are not necessary, where a reporter recorded the proceeding on more than one day and one or more of those transcripts is not needed for appeal. Any unnecessary expense resulting from an ambiguous request will be the financial responsibility of the party making such request. Unless a party or attorney is exempt from electronic filing or the Supreme Court has disallowed e-filing in a particular case pursuant to Rule 40.2, the TPO form must be e-filed with the Supreme Court and served on the other parties to the action, the reporter(s), and the Clerk of the Superior Court in accordance with Rule 40.3.
(2) Unless the entire transcript is to be included, the appellant shall, within 14 days after filing the notice

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