A transcript is the written version of what happened at trial or a hearing. It is a written document that states word for word what the parties, the judge and any witnesses said at the trial or hearing. It is made from a recording of the proceeding. At the start of the appeal, you need to “designate the transcript.” This means you provide information about whether you will file
At the courthouse where your Superior Court case was heard, request an audio recording on CD or audio cassette of the trial or hearing that you think is important for the appeal. You will have to pay for this. Within 1 week of your request, you should receive a call to pick up your recording.
Listen to the recording. Decide whether the information on the recording is necessary for the Supreme Court to decide the issue on appeal. This may be the whole trial or just a part. That depends on the issue you are appealing. If you think only a part of the trial is important, note the starting number and ending number of the section of the recording if you want to have a partial transcript made.
You should have a transcript prepared if the information is necessary for the Supreme Court to decide the issues on appeal. If the Supreme Court will be able to decide the issues based on documents in the Superior Court record, you do not have to get a transcript. In many cases, no transcript is needed.
The appellant fills out:
This form states which, if any, parts of the electronic record from the Superior Court case you will have transcribed into writing by checking the correct box:
If you need more time to designate the transcript, file a Motion to Extend Time to submit the Designation of Transcript. See the motions page for more information about filing motions.
Only if the appellant’s selected parts of the transcript will not be enough to decide the issues on appeal. The appellee may designate additional parts of the electronic record to be transcribed by filing:
It is the appellant's responsibility to prepare and pay for the transcript. This includes both the transcript the appellant designated AND the transcript the appellee designated. This means the appellant hires the transcriber and pays for ALL transcripts. Transcripts can be very expensive.
If you cannot afford to pay for the transcript, you may ask the Supreme Court to let you file the cassette or CD from the Superior Court instead of the transcript by filing:
The case manager will send you the “Opening Notice” that states the date the transcript is due at the Appellate Clerk's Office. The transcript is usually due 40 days after the Opening Notice.
The appellant is responsible for getting a professional transcriber to prepare the transcript that BOTH parties designated. The party or their attorney cannot prepare the transcript. The appellant must also get copies of the audio recordings of the hearing or trial designated by BOTH parties to give to the transcriber.
Once you have the audio recording, you need to find a professional transcriber to transcribe it into writing. Look in the phone book yellow pages under "Transcribing Service" and choose a transcriber. Take the recording and the log notes to the transcriber. Tell them which sections to transcribe and when the transcript is due at the Appellate Clerk's Office. You can ask the transcriber to deliver the transcript to the Appellate Clerk's Office. The transcriber should deliver:
This is Step 4 so keep reading and follow the remaining steps to start the appeal.
| Rev. 16 October 2013
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