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Rule 12. Transmission of therecord.

(a) Duty to prepareand file transcript; request for enlargement of time; notice to appellate court.

(1) Upon receipt of a request for atranscript, the clerk of the appellate court shall assign the preparation ofthe transcript to the court reporter who reported the proceedings or, ifrecorded on video or audio equipment, to an official court transcriber andnotify the requesting party of the assignment. By stipulation of the partiesapproved by the appellate court, a person other than an official courttranscriber may transcribe a recorded hearing.

(2) A party requesting a transcriptshall make satisfactory arrangements for paying the fee to the reporter ortranscriber and notify the clerk of the appellate court of the date on whichsatisfactory arrangements were made. The transcript shall be completed andfiled within 30 days after that date.

(3) The reporter or transcriber mayrequest from the clerk of the appellate court an enlargement of time in whichto file the transcript. The request for enlargement of time shall be in writingand shall contain the elements stated in CJA 5-201(1). If filed prior to theexpiration of the transcript preparation period, the request shall make ashowing of good cause. If filed after the expiration of the period, the requestshall make a showing of extraordinary circumstances beyond the control of thereporter or transcriber. The reporter or transcriber shall provide a copy ofthe request to the parties. The clerk of the appellate court shall providewritten notice of the disposition of the request for enlargement of time to thereporter or transcriber and the parties.

(4) Upon completion of thetranscript, the reporter and, if applicable, the transcriber shall certify thatthe transcript is a true and correct record of the court hearing or of the fileprovided by the clerk of the appellate court. The reporter or transcriber shallprepare an index of its contents and file the electronic file through thetranscript management program. The original hard copy of the transcript andindex shall be filed with the clerk of the trial court. At the request of theperson ordering the transcript or at the request of the appellate court, thereporter or transcriber shall file the transcript in a compressed format thatplaces multiple complete pages of the original transcript upon each page ofcompressed transcript. The compressed transcript shall retain the page and linenumbers of the original transcript. A compressed transcript may be certified asa correct copy of the original.

(b) Transmittal ofrecord on appeal to appellate court.

(1) Transmittal of index. Within 20 days from the date of request fromthe appellate court, the trial court, juvenile court, or government agencyshall transmit a certified copy of the index prepared pursuant to Rule 11(b) to theclerk of the appellate court.

(2) Transmittal of non-paginated record. Within 7 days from the date ofrequest from the appellate court, the trial court, juvenile court, orgovernment agency shall transmit the papers and any transcripts on file to theclerk of the appellate court. These papers may be sent ?as is,? without pagination,and will be used by the appellate court for purposes of preliminary review. Ifthe appeal is not summarily dismissed, the record will be returned for indexingand pagination.

(3) Transmittal of paginated record. Within 20 days from the date ofrequest from the appellate court, the trial court, juvenile court, orgovernment agency shall transmit the papers, transcripts and exhibits in theappeal to the appellate court.

(4) Transmission of exhibits. Documents of unusual bulk or weight, andphysical exhibits other than documents, photographs, or binders, shall not betransmitted by the trial court, juvenile court, or government agency unlessdirected to do so by a party or by the clerk of the appellate court. A partymust make advance arrangements with the clerks for the transportation andreceipt of exhibits of unusual bulk or weight.

(5) Checking out record on appeal. During the briefing period, counselfor the parties who are members of the Utah State Bar in good standing may, asofficers of the court, check out the record upon written request to the clerkof court of the court in possession of the record on appeal. The record may bemailed by registered mail or other reputable overnight carrier, return receiptrequested, provided that counsel requesting mailing makes advance arrangementswith the clerk and pays the cost of shipping. The record may be picked up inperson by counsel, or his or her authorized agent. Counsel shall be responsiblefor promptly returning the record to the court not later than when the party?sbrief is filed.

(c) Expeditedtransmittal of parts of the record. If prior to the time the record istransmitted the record is required in the appellate court, the clerk of thetrial court at the request of any party or of the appellate court shalltransmit to the appellate court such parts of the original record asdesignated.

AdvisoryCommittee Note