Short answer. Not automatically, but it may. Once the petition is given due course, the Supreme Court may require the elevation of the complete record of the case, or specified parts of it, within fifteen days from notice. This is a separate, discretionary step, and the Court may request only the parts it needs.

What the law says

If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen days from notice.

Rule 45, Section 8 — Due course; elevation of records. Read the full provision →

Due course does not automatically move the whole record

Being given due course is a screening decision, and Section 8 keeps the question of the record separate from it. If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen days from notice. The word 'may' means this is a further, discretionary step.

Full record or just relevant parts

The Court is not limited to an all-or-nothing choice. It can call for the complete record of the case or specified parts thereof, allowing it to request only what is actually needed to resolve the legal questions the petition raises, rather than the entire case file by default. This flexibility keeps the process efficient in petitions where the dispute turns on a narrow legal point rather than the full trial history.

A fifteen-day frame once the order issues

When the Court does require elevation of the record, that request is subject to the same fifteen-day period from notice used elsewhere in the appellate rules, giving the lower court and the parties a defined window within which the relevant material is expected to move. Knowing this timeline helps a petitioner anticipate when the case can realistically progress toward a decision on the merits.

Why the Court often decides without the full record

Rule 45 review is generally confined to questions of law, and the petition itself, together with its annexes and the parties' pleadings, frequently supplies enough for the Court to resolve those questions without pulling the entire trial record. Requiring elevation under Section 8 is therefore the exception used when the Court needs to verify something the petition and annexes do not adequately show, not a routine step that automatically follows every grant of due course.

Who the order binds and what happens if it is ignored

An order requiring elevation of the record under Section 8 binds the lower court that has custody of it, since that court is the one that must actually transmit the record or the specified parts within the fifteen-day period the order sets. It does not bind the petitioner to produce anything beyond what was already filed with the petition, because the record in the lower court's custody, not the petitioner's own copies, is what the order reaches. Where the lower court does not comply within the period given, the delay does not automatically dismiss the petition, but it can stall the Supreme Court's ability to move the case toward resolution, since the Court's request for the record or specified parts is meant to supply exactly what it needs before deciding the questions of law the petition raises.

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.