What is the record for appeal?
The "record" for appeal is everything presented to the trial court in the case. That includes the docket sheet, the complaint or indictment (if a criminal case), the pleadings and exhibits, the judgement, order, or decision being appealed, and any other relevant portions of the trial court filings. If it is not in the record then it is considered to never have happened. The audio recording of hearings and trial are transcribed into written form for the record on appeal.
An appeal is a review of what occurred, based on the written record. The emotion and emphatic pauses at hearings and at trial is lost in the cold written transcript. The record materials are the basis for the analysis of appellate issues and arguments. The appellate judges will be viewing the same written materials before deciding the case on appeal.
The record is "assembeled" by the trial court, with the assistance of appellate counsel. Ensuring timeliness and completeness is essential. Limited opportunity exists for enhancing the record, and where immediate attention is required.
More answers to frequently ask questions about appeals are available on this website. If you have additional questions, or are ready to proceed with your appeal, call Appellate Attorney William Driscoll at 978-846-5184.