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Vegas Law

(i) Name of the judge or officer who heard the proceedings; (ii) Date or dates of the trial or hearing to be transcribed; (iii) Portions of the transcript requested; (iv) Number of copies required; and (v) A certification by appellant’s counsel that the attorney has ordered the required transcripts and has paid the required deposits. This certification shall specify from whom the transcript was ordered, the date the transcript was ordered, and the date the deposit was paid. (2) Supplemental Request. If the parties cannot agree on the transcripts necessary to the Supreme Court’s review, and appellant requests only part of the reporter’s transcript, appellant shall request such additional parts thereof as the respondent considers necessary. Within ten (10) days from the date the initial transcript request is filed, respondent shall notify appellant in writing of the additional portions required. Appellant shall have ten (10) days thereafter within which to file and serve a supplemental transcript request form and pay any additional deposit required. (3) Consequences of Failure to Comply. A party’s failure to comply with the time limits of this Rule may result in the imposition of sanctions, including dismissal of the appeal. (b) Preparation and Filing; Duty of the Court Reporter. The court reporter shall promptly prepare or arrange for the preparation of the transcript, which shall be completed within thirty (30) days of the filing of the transcript request form. If a supplemental transcript request form is filed pursuant to subdivision (a)(2) of this Rule, the transcript shall be completed within thirty (30) days of the filing of the supplemental transcript request form. The court reporter responsible for preparing the transcript shall deliver the original to the clerk of the district court for filing, and shall deliver certified copies to the party ordering the transcript. The court reporter shall file with the clerk of the Supreme Court a certificate acknowledging delivery of the completed transcript, together with a certified copy of the transcript. (1) Number of Copies Required; Costs. Appellant shall furnish counsel for each party appearing separately a copy of the transcript. Any costs associated with the preparation and delivery of the transcript shall be paid initially by the appellant, unless otherwise ordered. (2) Failure to Pay Deposit. The court reporter is not obligated to commence preparation of the transcript until receipt of the deposit required by subdivision (a) of this Rule. If appellant fails to timely pay the deposit, the court reporter must notify the Supreme Court in writing that the deposit has not been received. The notice must be served on counsel for the party requesting the transcript, and must contain a statement of the full amount of the deposit and the amount which remains unpaid. The court reporter must file this notice with the clerk of the Supreme Court no later than thirty (30) days from the date of filing of the transcript request form. (c) Failure of Timely Filing; Extensions. In the event the court reporter cannot file a timely transcript, the reporter shall seek an extension of time from the Supreme Court. Requests for extensions of time for preparation of a transcript will be closely scrutinized, and will be granted only upon a showing of good cause. A court reporter who fails to file a timely transcript without a sufficient excuse may be subject to sanctions pursuant to Rule 13. (1) Extension of Time; Supporting Documentation and Affidavits. Any motion by the court reporter to extend the time for preparation of a transcript shall be accompanied by the affidavit of the court reporter setting forth the reasons for the requested extension, and the length of additional time needed to prepare the transcript. The motion must be served on counsel for the party requesting the transcript. (d) Statement of the Evidence or Proceedings When No Report Was Made or When the Transcript Is Unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including appellant’s recollection. The statement shall be served on the respondent, who may serve objections or propose amendments thereto within ten (10) days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the district court for settlement and approval and as settled and approved shall be included by the clerk of the district court in the trial court record, and may be included in any appendix filed in the Supreme Court. [Added; effective September 1, 1996.] RULE 10. THE RECORD (a) The Trial Court Record. The trial court record consists of the papers and exhibits filed in the district court, the transcript of the proceedings, if any, the district court minutes, and the docket entries made by the district court clerk. (1) Retention of Record. The trial court record shall be retained by the district court clerk. When the Supreme Court deems it necessary to review the trial court record, the clerk of the district court shall assemble and transmit such portions of the record designated by the Supreme Court to the clerk of the Supreme Court in accordance with the provisions of Rule 11. Any costs associated with the preparation and transmission of the record shall be paid initially by the appellant, unless otherwise ordered. (b) The Appellate Court Record—The Appendix. For the purposes of appeal, the parties shall submit to the Supreme Court copies of the portions of the trial court record to be used on appeal, including previously prepared transcripts, as appendices to their briefs. Pursuant to Rule 30(a), the filing of a joint appendix is preferred. (1) Exhibits. If exhibits cannot be copied to be included in the appendix, the parties may request transmittal of the original exhibits to the Supreme Court pursuant to Rule 30(d). (c) Correction or Modification of the Record. If any difference arises as to whether the trial court record truly discloses what occurred in the district court, the difference shall be submitted to and settled by that court and the trial court record made to conform to the truth. Questions as to the form and content of the appellate court record shall be presented to the Supreme Court. [Replaced; effective September 1, 1996.] RULE 11. PREPARATION AND TRANSMISSION OF THE RECORD (a) Preparation of the Record. Upon written direction from the Supreme Court, the clerk of the district court shall provide the Supreme Court with the papers or exhibits comprising the trial court record. The record shall be assembled, paginated, and indexed in the same manner as an appendix to the briefs under Rule 30. Whenever the Supreme Court is of the opinion that its review of original papers or exhibits is necessary, the clerk shall transmit the original trial court record in lieu of copies. (1) Exhibits. If the Supreme Court directs transmittal of exhibits, the exhibits shall not be included with the documents comprising the record. The district court clerk shall place exhibits in an envelope or other appropriate container, so far as practicable. The title of the case, the Supreme Court docket number, and the number and description of all exhibits shall be listed on the envelope, or if no envelope is used, then on a separate list. (2) Record in Proper Person Cases. When the Supreme Court directs transmission of the complete record in cases in which the appellant is proceeding in proper person, the record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court. The record shall also include any previously prepared transcripts of the proceedings in the district court. If the Supreme Court should determine that additional transcripts are necessary to its review, the court may order the reporter who recorded the proceedings to prepare and file the transcripts. (b) Duty of Clerk to Certify and Transmit the Record. The clerk of the district court shall certify and transmit the record to the clerk of the Supreme Court. Transmission of the record is effected when the clerk of the district court mails or otherwise forwards the record to the clerk of the Supreme Court. The clerk of the district court shall indicate, by endorsement on the face of the record or otherwise, the date upon which it is transmitted to the Supreme Court. (c) Time for Transmission. The trial court record shall be transmitted within the time allowed by the Supreme Court, unless the time is extended by an order entered under subdivision (d) of this Rule.

Vegas Law




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