Short answer. Thirty days from perfection of the appeal. The clerk transmits the original record or approved record on appeal, along with proof of docket-fee payment, a certified copy of the minutes, the order of approval, the certificate of correctness, the original documentary evidence, and three copies of the transcripts.

What the law says

The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three copies of the transcripts. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties.

Rule 41, Section 12 — Transmittal. Read the full provision →

The thirty-day transmittal deadline

The clerk of the trial court must transmit to the appellate court the original record, or the approved record on appeal, within thirty days counted from the perfection of the appeal, giving a fixed outer limit on how long the case record can remain at the trial court level once the appeal is perfected. This deadline mirrors the thirty-day period the clerk is given elsewhere in the Rule to first verify and certify the record before transmittal even begins. Counting from perfection, rather than from some later administrative step, ties the clock to an event both parties can readily verify, which keeps the deadline predictable for everyone tracking the appeal's progress.

What travels with the record

Along with the record itself, the clerk must send proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to in the record, and both the original and three copies of the transcripts. Together these attachments let the appellate court confirm that the appeal was properly perfected and give it the same evidentiary record the trial court had before it, rather than a bare notice that an appeal exists.

What stays behind, and why

Copies of the transcripts and certified true copies of the documentary evidence, however, remain with the lower court so the parties can continue to examine them locally, meaning the parties are not left without access to the evidence simply because the originals have been sent up on appeal. This arrangement avoids stripping the trial court's files bare, since the parties or the trial court itself may still need to refer back to the evidence later. Keeping working copies at the trial court also means a party who needs certified copies for some other purpose, such as a related proceeding, is not forced to chase the record all the way up to the Court of Appeals to get them.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.