Short answer. Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case, including the oral and documentary evidence, within fifteen days from notice of the order.
What the law says
Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen days from notice.
Rule 42, Section 7 — Elevation of record. Read the full provision →
When elevation happens
Elevation of the record is not automatic in every petition for review; it happens only whenever the Court of Appeals itself deems it necessary for resolving the case, meaning the appellate court has discretion over whether the full trial record needs to come up at all. In many petitions for review, the Court of Appeals may be able to resolve the case on the pleadings and attached documents alone, without needing the full original record. This discretionary approach saves both the trial court and the parties from the burden and expense of transmitting an entire case record for every petition, reserving that step for cases where the appellate court genuinely needs it.
Who elevates it, and what must be elevated
Where the Court of Appeals does decide elevation is necessary, it directs the order to the clerk of court of the Regional Trial Court, who is the one responsible for actually sending up the original record of the case, including both the oral and the documentary evidence that was part of the proceedings below. Directing the order to the Regional Trial Court's clerk, rather than to either party, keeps custody and transmittal of the official record a court-to-court matter, so neither party is left responsible for physically compiling or safeguarding the original documents and transcripts. That arrangement also protects the integrity of the record itself, since it never passes through either litigant's hands on its way to the appellate court.
The deadline
Once that order is issued, the clerk of court has fifteen days from notice of the order to complete the elevation, giving a fixed and fairly tight window for actually getting the full trial record into the Court of Appeals' hands. A fifteen-day window keeps the case from stalling indefinitely while the Court of Appeals waits for material it has already determined it needs to resolve the petition properly and fairly. A party whose petition depends on evidence in the trial record can follow up with the trial court's clerk if the fifteen-day period has clearly lapsed without the record being sent up.
Related provisions
- Rule 42, Section 7 — Elevation of record
- Rule 42, Section 6 — Due course
- Rule 42, Section 8 — Perfection of appeal; effect thereof