§ Rule 1.153 Record
Rule 1.153. Record
(a) Designation of Record. Concurrently with or prior to filing the petition in error, the party desiring to appeal shall file with the Clerk of this Court and mail to all parties, or their counsel, to the Bank Commissioner and the Attorney General, a designation of any pertinent instruments filed in the case and of proceedings and evidence adduced which are sought to be
included in the record on appeal. See Rule 1.301, Form No. 16. If there is designated for inclusion in the record any evidence or proceeding at a hearing which was stenographically reported, a copy of the designation shall be given to the reporter and the cost of preparing the transcript shall be advanced forthwith by the designating party.
(b) Counter Designation of Record. If the designation does not direct all the instruments to be included and all proceedings and evidence to be transcribed, any other party may, within ten (10) days after mailing and filing of such designation, mail to the designating parties and to all other parties, including the Bank Commissioner and the Attorney General, and file in the case designation of additional instruments to be incorporated into the record and of additional portions of the proceedings and evidence which were stenographically reported to be transcribed and included in the court reporter's transcript. If additional portions of the proceedings and evidence are designated, a copy of the designation shall be given to the court reporter.
(c) Advance of Costs for Counter Designations. The costs of transcribing additional portions of the proceedings and evidence, designated by a party who did not appeal, shall be advanced forthwith by the party taking the appeal, subject to the power of this Court to redistribute costs if it finds such counter designation to have been unreasonably excessive.
(d) Failure to Advance Costs. If the party required to advance costs shall fail to do so within a reasonable time, the Commissioner, upon written notice from the court reporter that said costs have not been so advanced shall so certify to this Court. Failure to promptly advance costs may afford a basis for dismissal of an appeal (including a counter-appeal or cross-appeal).
(e) Alternative Procedure: Written Stipulation. Instead of serving designations, the parties may designate the record on appeal by written stipulation filed with the Clerk of the Supreme Court within five (5) days after the filing of the petition in error.
Adopted July 10, 1996
Effective January 1, 1997