CaseProc_guide

Designation of Clerk’s Papers

Timeline

The party seeking review should, within 30 days of filing notice of appeal or receiving notice granting discretionary review, serve on all other parties and file with the trial court clerk and the appellate court clerk a designation of those clerk’s papers and exhibits the party wants the trial court to transmit to the appellate court.

Content

The clerk’s papers shall include the following:

  • The notice of appeal;
  • The indictment, information, or a complaint in a criminal case;
  • Any written order or ruling not attached to the notice of appeal, of which the party seeks review;
  • The final pretrial order, or the final complaint and answer, or the pleadings setting out; the issues to be tried if the final pretrial order does not set out those issues;
  • Any written opinion, findings of fact or conclusions of law;
  • Any jury instruction given or refused which presents an issue on appeal;
  • Each designation or supplement shall specify the full title of the pleading, the date filed, and the clerk’s subnumber.
  • Each designation shall include the trial court clerk’s list of exhibits, and shall specify the exhibit number and the description of the exhibit to be transmitted.

*Full copies of all designated pleadings shall be included, unless the trial court orders otherwise.

Corresponding RAP Rules: 9.6

Form: Yes, see sample.

 

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