Short answer. Within thirty days, the clerk must verify the record's correctness and completeness, certify it, complete it if incomplete, and transmit it to the appellate court — noting in the transmittal letter any exhibits or transcripts that couldn't be included and why, and furnishing the parties copies of that letter.

What the law says

Within thirty days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court: (a) To verify the correctness of the original record or the record on appeal, as the case may be, and to make a certification of its correctness; (b) To verify the completeness of the records that will be transmitted to the appellate court; (c) If found to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose; and (d) To transmit the records to the appellate court. If the efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non-transmittal, and the steps taken or that could be taken to have them available. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court.

Rule 41, Section 10 — Duty of clerk of court of the lower court upon perfection of appeal. Read the full provision →

The thirty-day window and its four duties

Within thirty days after the perfection of all the appeals taken in a case, the clerk of court of the lower court must verify the correctness of the original record or record on appeal and certify that correctness, verify that what will be transmitted to the appellate court is complete, take whatever measures are needed to complete the records if they are found incomplete, and finally transmit the records to the appellate court.

When completion efforts fail

If the clerk's efforts to complete the records do not succeed, he must indicate in the letter of transmittal exactly which exhibits or transcripts were not included, the reasons why they could not be transmitted, and the steps already taken, or that could still be taken, to make them available going forward. Documenting the gaps this way gives the appellate court a clear picture of what is missing and why, rather than an unexplained incomplete record. This gives the appellate court, and the parties, a transparent account of any gaps in the record rather than leaving them to discover a missing transcript or exhibit only after briefs have already been filed and the case is underway.

Notice to the parties, and why the checklist matters

The clerk of court is also required to furnish the parties with copies of the letter of transmittal of the records to the appellate court, so they are kept informed of exactly what was sent up. This whole checklist ensures the appellate court receives a record the lower court has affirmatively verified, rather than simply whatever happened to be on file. Requiring the clerk to complete four distinct steps, rather than simply forwarding whatever documents happen to be on hand, is what gives the appellate court confidence that the record it receives has actually been checked for correctness and completeness before it ever leaves the lower court.

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.