§ CR 75.07 Record to be prepared and transmitted by clerk

Codes > Kentucky Rules of Civil Procedure > IX Appeals > CR 75 > CR 75.07

CR 75.07 Record to be prepared and transmitted by clerk

    (1) The clerk of the trial court shall prepare and certify the entire original record on file in his or her office, in accordance with the requirements of paragraphs (10) and (11) of this Rule 75.07, including the designations or stipulations of the parties with respect to proceedings stenographically or electronically recorded and a certified copy (rather than the original) of the docket assigned to the action, but excluding depositions not read into evidence.

    (2) The transcript of proceedings stenographically recorded (or tapes or recordings of proceedings electronically recorded), or such lesser portions thereof as have been designated or agreed upon by stipulation, shall when filed with the clerk be certified as a part of the record on appeal.

    (3) Except for (a) documents, (b) maps and charts, and (c) other papers reasonably capable of being enclosed in envelopes, exhibits shall be retained by the clerk and shall not be transmitted to the appellate court unless specifically directed by the appellate court on motion of a party or upon its own motion.

    (4) The written record on appeal shall include the juror strike sheets made pursuant to RCr 9.36.

    (5) The matter certified under subsections (1), (2), (3), and (4) of this Rule and Rule 98 shall constitute the record on appeal. It is the responsibility of the appellant or counsel for the appellant, if any, to see that the record is prepared and certified by the clerk within the time prescribed by Rule 73.08.

    (6) If the appeal is to the Court of Appeals or Supreme Court, the clerk of the circuit court or of the Court of Appeals in workers' compensation cases, or original proceedings pursuant to CR 76.36(7) shall immediately notify the clerk of the appellate court when the record has been completed and certified as required by this Rule, and shall simultaneously serve copies of such notification upon all parties to the appeal. Such notification shall indicate the name or names of counsel for the appellant. The clerk shall enter the fact and date of such notifiction in the docket of the case, and the date of such docket entry shall govern the time for perfecting the appeal.

    (7) The record on appeal shall be retained under the responsibility and control of the clerk of the trial court until it is transmitted to the clerk of the appellate court. It will be made available first to counsel for the appellant and then to counsel for the appellee. If it is removed from the clerk's office, counsel for the appellant shall return it before submitting his or her brief to the appellate court in order that it may be available to counsel for the appellee. Counsel for the appellee shall return it before submitting his or her brief to the appellate court. If it is withdrawn by counsel for the appellant for the purpose of preparing a reply brief it shall be returned before such brief is submitted to the appellate court. In no event shall the original of an electronic recording be removed from the clerk's office, nor shall a record on appeal be retained by counsel beyond the filing date on which his or her appellate brief is due.

    (8) Whenever the clerk permits a record on appeal to be withdrawn by counsel, the original of the reporter's transcript, including evidentiary exhibits, shall be retained in the clerk's office until it is transmitted to the appellate court.

    (9) Withdrawals and returns of the record on appeal shall be noted by the clerk on the docket kept for that action (which, in the instance of appeals from the district court, shall be the circuit court's appellate docket).

    (10) All parts of the written record on appeal shall be arranged in the order in which they were filed or entered. If the record comprises more than 150 pages, it shall be divided into two or more volumes not exceeding 150 pages each. Each volume shall be securely bound at the left side.

    (11) There shall be a general index at the beginning of the record and an index to each volume in the front thereof which shall show, in the order in which they appear, the pages on which all pleadings, orders, judgments, instructions, and papers may be found, together with the name of each witness and the pages on which his or her examination and cross-examination appear. All exhibits filed with the record shall be sufficiently identified and the index shall direct where they may be found.

    (12) If the appeal is to the Court of Appeals or Supreme Court, the clerk of the trial court shall transmit the record on appeal to the appellate court when so requested by the clerk of that court.