Rule 67 – Questions and Answersweb editor2015-07-06T13:44:34+00:00
What documents are mandatory for the record appendix?
The record appendix must contain a copy of the index, a copy of the Notice of Appeal filed in the trial court, the judgment, order, or decision in question, other relevant portions of the record in chronological order, and the Attorney Statement of Correctness or Pro Se Statement of Correctness. Supreme Court Rule 69(2).
Does the record appendix need to be bound in some way?
The record appendix must be bound at the top in a secure manner that does not obscure the text. Binder clips and acco fasteners are prohibited. Supreme Court Rule 68.
How do I number the pages of the record appendix?
The record appendix shall have page numbers at the bottom of each page. The appendix must be in chronological order as listed in the trial court docket, and it shall begin with an index identifying the page at which each document begins. (Do not use tabs to separate the documents in the record appendix.) Supreme Court Rule 69(2). Click here to view a sample index.
What if I want to add documents after I’ve filed my record appendix?
Parties may file a supplemental record appendix at any time, as long as the supplemental material is part of the trial court record. Every supplemental volume must comply with Supreme Court Rule 67(2) (i.e., contain an index, a statement of correctness, etc.).
If I am a pauper, can I make a record appendix?
A party granted pauper status in the trial court may still elect to proceed by having the trial court clerk prepare a clerk certified record. Supreme Court Rule 67(5). A pauper may create a record appendix, but a party may not proceed with an appeal utilizing both procedures.
How many days do I have to serve the designation or designation of additional parts to the opposing party?
Click here to view a time line where the appellant is requesting transcripts to be filed.
Click here to view a time line where the appellant is not requesting transcripts to be filed.
The record appendix is very large, may I break it up into smaller pieces?
Voluminous records may be bound in separate parts but each part must include the Attorney Statement or Pro Se Statement. Supreme Court Rule 69(d)(2). The appendix must be in chronological order as listed in the trial court docket.
Do I file the record appendix with the trial court?
No, the record appendix shall be filed with the Clerk of the Supreme Court of Georgia. Supreme Court Rule 67(2).
When will the appendix be considered “transmitted?”
The transmission of the record appendix will be subject to Supreme Court Rule 13.
Do I need to include the transcript(s) in the appendix?
No. The transcript(s), if requested in the Notice of Appeal, shall be transmitted by the trial court clerk. Supreme Court Rule 70.
May I include a sealed document in my record appendix?
Any sealed documents shall be specified in the Notice of Appeal and transmitted by the trial court clerk unless special permission is granted by this Court to transmit the sealed documents as part of the record appendix.
Can the documents in the record appendix be regular copies?
The documents included in the record appendix shall be copies of the original documents stamped “filed” by the trial court clerk’s office.
The rule says the Pro Se Statement of Correctness shall contain a party’s sworn verification? What counts as sworn verification?
The Pro Se Statement of Correctness shall be sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where the oath is made who is authorized by laws thereof to administer oaths. O.C.G.A. § 9-10-113.
What does an index or manuscript cover look like?
Please click here for an example of an index. A manuscript cover is the heavier backing of each volume of the record appendix.
What if I want to include a deposition in my record appendix?
If the deposition has been unsealed and considered by the trial court (i.e., is part of the trial court record), you may include it in your record appendix. If the deposition has not been unsealed by the trial court, it is your responsibility to file a motion to unseal in the trial court.