PART VI — THE RECORD ON REVIEW
Rule 57. Responsibility for the record
Appellant or petitioner
The party seeking review is responsible for ensuring that the Court receives a record sufficient to decide jurisdiction, preservation, prejudice, and the questions presented. The party is not responsible for a lower clerk’s failure after timely compliance, but must promptly seek correction.
Initial designation
The notice of appeal or petition must designate the essential record categories. Within three days after service, another party may counter-designate additional material reasonably necessary to respond.
Lower-court preservation
Upon receiving notice that review is sought, the lower-court Clerk must preserve:
the entire docket;
every filed pleading and order;
admitted and proffered exhibits;
authorized recordings and transcripts;
jury materials included in the record;
sealed and classified items under their existing protection; and
audit information needed to authenticate electronic records.
Supreme Court request
The lower tribunal retains the record until the Supreme Clerk requests it. A request must identify whether the complete record, a certified index, specified items, or secure material is required.
Record disputes
The parties must attempt to resolve a record-designation dispute promptly. A motion must identify each disputed item, its relevance, and where it was presented below.
No strategic omission
A party must not omit material unfavorable to its position when that material is necessary to understand a cited exchange, ruling, exhibit, or issue.