§ 16-67-314 - Record on appeal -- Docketing appeal.
16-67-314. Record on appeal -- Docketing appeal.
(a) (1) The record on appeal shall be filed with the appellate court and the appeal there docketed within ninety (90) days from the date of filing the notice of appeal except that the trial court may prescribe the time for filing and docketing, which in no event shall be less than ninety (90) days from the date of filing the first notice of appeal.
(2) In all cases where there has been designated for inclusion any evidence or proceeding at the trial or hearing which was stenographically reported, the trial court, after finding that a reporter's transcript of the evidence or proceeding has been ordered by the appellant, in its discretion and with or without motion or notice, may extend the time for filing the record on appeal and docketing the appeal, if its order for extension is made before the expiration of the period for filing and docketing as originally prescribed or extended by a previous order. However, the trial court shall not extend the time to a date more than seven (7) months from the date of the entry of the judgment or decree.
(b) (1) The clerk of the trial court, under his hand and the seal of the court, shall transmit to the appellate court a true copy of the matter designated by the parties, but shall always include, whether or not designated, copies of following:
(A) The material pleadings without unnecessary duplication;
(B) The verdict of the jury, if any;
(C) The findings of fact and conclusions of law, if any;
(D) The master's report, if any;
(E) The opinion of the court, if any;
(F) The judgment or decree or part thereof appealed from;
(G) The notice of appeal with the date of filing;
(H) The designations or stipulations of the parties as to matter to be included in the record; and
(I) Any statements by the appellant of the points on which he or she intends to rely.
(2) The matter so certified and transmitted shall constitute the record on appeal.
(c) The appellee may file an authenticated copy of the record in the clerk's office of the Supreme Court with the same effect as if filed by the appellant.
(d) If the Supreme Court has acquired jurisdiction of a cause, but it is made to appear that the record is incomplete for want of documents, exhibits, or a bill of exceptions, and the trial court has lost such jurisdiction, the Supreme Court, or a judge thereof, shall have power to direct a writ to any clerk, reporter, or other person charged with the duty of preparing the matter in question and may require compliance with its discretionary orders.