Remember to Make Sure the Certified Record is Complete with Everything You Need.
Mike Skotnicki
Posted on January 12, 2012
This posting specifically applies to appeals in the Alabama state appellate courts, where the circuit court clerks have the duty to prepare the record on appeal as designated by the appellant pursuant to Rule 10(a), Ala.R.App.P., and certify that its complete. The attorney representing the appellee should not ignore this process and needs to pay attention to the appellant’s designation of the record. In one case, I found that the attorney for the appellant had specifically designated all of his client’s circuit court pleadings, but none that I had filed for the party now the appellee. I then had to file a motion with the circuit court, pursuant to Rule 10(b), Ala.R.App.P., within 7 days after the appellant designated the record to add documents…
Tagged: Alabama Supreme Court, Appeal, Record on appeal, Trial court