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(iii) Include a concordance indexing key words in the transcript; and
(iv) Include an acknowledgment by the court reporter or recorder that the document submitted pursuant to this section of this Rule is a true original or copy of the rough draft transcript.
(2) Notification of Court Reporter or Recorder. When a case may be subject to this Rule, the presiding district court judge shall notify the court reporter or recorder for the case prior to trial that a rough draft transcript may be required.
(3) Request for Rough Draft Transcript. When a rough draft transcript is necessary for an appeal, trial counsel shall file a rough draft transcript request form with the district court and shall serve a copy of the request form upon the court reporter or recorder and opposing counsel. Trial counsel shall file with the Supreme Court two (2) file-stamped copies of the rough draft transcript request form and proof of service of the form upon the court reporter or recorder and opposing counsel.
(i) Trial counsel shall serve and file the documents specified in subsection (d)(3) of this Rule on the same date the notice of appeal is served and filed. The rough draft transcript request shall substantially comply with Form 5 of the Appendix of Forms.
(ii) Counsel shall order transcripts of only those portions of the proceedings which counsel reasonably and in good faith believes are necessary to determine whether appellate issues are present. In particular, transcripts of jury voir dire, opening statements, closing arguments, and the reading of jury instructions shall not be requested unless pertinent to the appeal.
(iii) The court reporter or recorder shall submit an original rough draft transcript, as requested by appellant’s or respondent’s counsel, to the district court no more than twenty (20) days after the date of service of the request. The court reporter or recorder shall also deliver certified copies of the rough draft transcript to the Supreme Court clerk and to the requesting and opposing attorneys no more than twenty (20) days after the date of service of the request.
(iv) Relevant portions of the trial or hearing that were audio recorded or video recorded shall be submitted in typewritten form. The Supreme Court shall not accept audio or video tapes in lieu of a rough draft transcript.
(4) Supplemental Request for Rough Draft Transcript. Opposing counsel may make a supplemental request for portions of the rough draft transcript that were not previously requested. The request shall be made no more than three (3) days after opposing counsel is served with the transcript request made pursuant to subsection (d)(3) of this Rule. In all other respects, opposing counsel shall comply with the provisions of this Rule governing a rough draft transcript request when making a supplemental rough draft transcript request.
(5) Sufficiency of the Rough Draft Transcript. Trial counsel shall be responsible for reviewing the sufficiency of the rough draft transcript. In the event a substantial question arises regarding an inaccuracy in a rough draft transcript, the Supreme Court may order the production of a certified transcript.
(6) The provisions of subsection (d)(1) of this Rule shall not apply to preparation of transcripts produced by means other than computer-generated technology. Time limitations and other procedures governing requests for and preparation of transcripts produced by means other than computer-generated technology, however, shall conform with the provisions of this Rule respecting rough draft transcripts.
(e) Filing of Fast Track Statement and Appendix. Within forty (40) days from the date the notice of appeal is filed with the district court, appellant’s trial counsel shall file an original and one (1) copy of both a form fast track statement and an appendix with the Supreme Court. The fast track statement shall substantially comply with Form 6 of the Appendix of Forms.
(1) The fast track statement shall not exceed ten (10) pages in length and shall include the following:
(i) A statement of jurisdiction for the appeal;
(ii) A statement of the case and procedural history of the case;
(iii) A concise statement summarizing all facts material to a consideration of the issues on appeal;
(iv) An outline of the alleged error(s) of the district court;
(v) A statement describing how the alleged issues on appeal were preserved during trial;
(vi) Legal argument, including authorities, pertaining to the alleged error(s) of the district court;
(vii) Where applicable, a statement regarding the sufficiency of the rough draft transcript; and
(viii) Where applicable, a reference to all related or prior appeals, including the appropriate citations for those appeals.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix to be filed with the fast track statement. In the absence of an agreement respecting a joint appendix, appellant shall prepare and file a separate appendix with the fast track statement. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track statement regarding matters in a rough draft transcript or in an appendix shall cite to the page of the rough draft transcript or appendix that supports that assertion.
(f) Filing of Fast Track Response. Within twenty (20) days from the date a fast track statement is filed with the Supreme Court, the respondent shall file an original and one (1) copy of its fast track response. The fast track response shall substantially comply with Form 7 of the Appendix of Forms.
(1) The fast track response shall not exceed ten (10) pages in length and shall include additional authority and factual information necessary to rebut the contentions in the fast track statement.
(2) Counsel have a duty to confer and attempt to reach an agreement concerning a possible joint appendix. In the absence of an agreement respecting a joint appendix, respondent shall file an original and one (1) copy of a separate appendix with the fast track response. The preparation and contents of appendices shall comply with Rules 30 and 32 and shall be paginated sequentially. Every assertion in the fast track response regarding matters in a rough draft transcript or in an appendix shall cite to the page of the rough draft transcript or appendix that supports that assertion.
Vegas Law
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