Part X · Records, Transcripts, and Evidence

Rule 71. EVIDENCE

Amended January 15, 2026 (current)

Where a party relies upon physical evidence on appeal that was admitted or proffered at trial, the party shall see that a description or photograph of the physical evidence, together with an explanation of it, if helpful, is included within the transcript in lieu of sending the original evidence.

(1) If the party who is relying upon physical evidence deems the original evidence to be of such importance that a photograph or description cannot suffice to demonstrate the party's contention, application may be made to the trial court for an order directing the transmission of the original evidence to this Court, or application may be made to this Court for such an order if it cannot be obtained from the trial court after a good-faith effort.

(2) Where the admissibility of photographs is enumerated as error, the originals or exact duplicates shall be included in the transcript.

(3) The court reporter and the clerk shall certify the exhibits.