Rule 68-1. Responsibilities of Clerk of the Trial Court regarding Copying Case File and Additions to Case File Made after Appeal Is Filed; Exhibits and Lodged Records

(a) With the exception of those appeals in which the contents of the case file consist solely of papers filed by electronic means, the clerk of the trial court shall, within ten days of the filing of the appeal, prepare and forward to the appellate clerk one complete copy of the case file, including the case detail page for noncriminal cases and all written requests to charge. No omissions may be made from the case file except upon the authorization of the appellate clerk. The appellate clerk may direct the clerk of the trial court to prepare and to forward a case file in any other instance in which it is needed. The clerk of the trial court shall, within five days of the filing, forward to the appellate clerk one copy of all additions made to the case file after the initial preparation and transmittal of the case file. Nothing in this section relieves the appellant and the appellee of their duty to comply with the party appendix requirements of Section 67-8.

(b) Each document of the case file must be numbered, and the file must include a table of contents listing each item entered in the file according to its number.

(c) In an appeal from an administrative agency, the papers returned by the agency to the trial court, even though annexed to and incorporated by reference in the answer, shall accompany the copy of the file that is numbered and indexed pursuant to subsection (b).

(d) All exhibits in the trial court are deemed exhibits on appeal and are deemed in the custody of the appellate clerk while the appeal is pending. The appellate clerk shall notify the clerk of the trial court of the exhibits required by the court in which the appeal is pending. Within ten days of such notice, the clerk of the trial court shall transmit those exhibits to the appellate clerk accompanied by a list of all exhibits in the case. The clerk of the trial court shall notify all counsel of record of the transmittal and provide them with a copy of the exhibit list. The provisions of this paragraph shall apply to records lodged pursuant to Section 7-4C.

Committee Notes

(Amended Sept. 16, 2015, to take effect Jan. 1, 2016.) (P.B. 1978-1997, Sec. 4084.) (Amended July 24, 2002, to amended June 5, 2013, to take effect July 1, 2013; amended