PART VI — THE RECORD ON REVIEW
Rule 58. Composition, transmission, and certification of the record
Composition
The record on review consists of:
the lower docket;
pleadings, motions, responses, and proofs of service filed below;
evidence admitted, refused with a preserved proffer, or judicially noticed;
official recordings and certified transcripts;
verdicts, findings, jury instructions and objections, judgments, orders, and opinions;
post-judgment motions and dispositions;
Excluded matter
The record does not include an unfiled draft, private counsel communication, discovery never presented to the lower tribunal, post-judgment factual material, or an external link not preserved below, unless the Court lawfully takes judicial notice or orders fact development in an original matter.
Certified index
The lower-court Clerk must prepare a certified index stating:
the case number and caption;
each docket item, date, filer, and document identifier;
exhibit identifiers and disposition;
recording or transcript coverage;
omitted or unavailable items;
access classification; and
the transmitting Clerk’s signature and seal or digital certification.
Electronic transmission
Unless the Court orders otherwise, the lower-court Clerk must transmit the requested electronic record within five days. The record-transmission process is currently manual; an originating-case link in the ECMS does not itself transmit any item.
Format and pagination
The record must preserve original docket identifiers and include stable PDF pagination. A converted document must not replace the preserved native original. Large records may be divided into consecutively labeled volumes.
Criminal complete-record review
For a criminal appeal, the transmitted record must be sufficiently complete for the prejudicial-error review required by 6 R. Stat. § 131.803. The Court may request omitted material on its own initiative.
Return and archive
After mandate, the Supreme Clerk must return any borrowed original or restricted custody item as directed while preserving the certified index, appellate record, decision, and lawful archive copy.