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Rule 3.07

Rule 3.07: Transmission of Record on Appeal

Section Appellate Practice
(a)   Request for Transmission; Time. On expiration of the time for filing briefs permitted under Rule 6.01 or any granted extensions of that time, the clerk of the appellate courts may request that the clerk of the district court transmit the record on appeal prepared in compliance with Rules 3.02, 3.04, or 3.05 to the clerk of the appellate courts. The clerk of the district court must forward the record no later than 7 days after receipt of the clerk of the appellate court’s request.

(b)   Exhibits. A district court may transmit to the clerk of the appellate courts exhibits that are documents, photographs, or electronically stored information. A party wishing to include any other exhibit must prepare a photograph, not larger than 8 ½ by 11 ½ inches, that fairly and accurately depicts the exhibit and serve the photograph on opposing parties. Any objection must be served no later than 14 days after service of the photograph. The photograph and any objection must be submitted to the district court for settlement and approval. As approved, the clerk of the district court must include the photograph in the record on appeal.

(c)   Items of Unusual Bulk or Weight. A party must make advance arrangements with the clerk of the district court for the transportation and cost of transporting all documents, photographs, or electronically stored information of unusual bulk or weight.

[History: Am. effective February 8, 1994; Am. effective July 1, 2010; Restyled rule effective July 1, 2012; Am. (b) and (c) effective September 11, 2017.]

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