Short answer. Within ten days of the docketing notice, the appellant must file seven clearly legible copies of the approved record on appeal, with proof that two copies were served on the appellee. Any unauthorized alteration, omission, or addition to the approved record is a ground for dismissing the appeal.
What the law says
Within ten days from receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven clearly legible copies of the approved record on appeal, together with the proof of service of two copies thereof upon the appellee.
Rule 44, Section 4 — Docketing of case. Read the full provision →
What the law says
Any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal.
Rule 44, Section 4 — Docketing of case. Read the full provision →
Ten days, seven copies, proof of service
Once the Court of Appeals dockets a case that came up by record on appeal, the clock starts running for the appellant. Section 4 requires that within ten days from receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven clearly legible copies of the approved record on appeal, together with the proof of service of two copies thereof upon the appellee.
The record must match what was approved
The copies filed are supposed to mirror exactly what the trial court approved before transmittal. Section 4 warns that any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal. This protects the integrity of the record the appellate court will actually rely on to decide the case, and it applies regardless of whether the change was made deliberately or through carelessness in reproducing the copies.
Why care in preparing these copies pays off
Given that this section pairs a hard ten-day deadline with a dismissal-worthy prohibition on tampering, appellants proceeding by record on appeal should treat the docketing notice as an immediate action item: confirm the approved record's exact contents, prepare the seven copies faithfully, and serve the appellee properly, all within the ten-day window, rather than rushing the copying process at the last minute.
Why record on appeal cases get this extra scrutiny
Appeals by record on appeal exist alongside cases where the whole original record simply goes up, and the record on appeal itself is a document the appellant prepares and the trial court approves rather than the complete case file. That extra preparation step is precisely why Section 4 pairs a specific deadline with a specific integrity check: because the appellant controls what goes into the compiled record, the rule needs a safeguard against that record diverging from what the trial court actually approved.
Related provisions
- Rule 44, Section 4 — Docketing of case
- Rule 44, Section 3 — Order of transmittal of record
- Rule 44, Section 5 — Completion of record