Rule 35.

1997 Rules of Appellate Procedure

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Rule 51

RULE 35. TIME TO FILE RECORD RESPONSIBILITY FOR FILING RECORD

35.1 Civil Cases. The appellate record must be filed in the appellate court within 60 days afterthe judgment is signed, except as follows:

(a) if Rule 26.1(a) applies, within 120 days after the judgment is signed;

(b) if Rule 26.1(b) applies, within 10 days after the notice of appeal is filed; or

(c) if Rule 26.1(c) applies, within 30 days after the notice of appeal is filed.

35.1 Civil Cases. The appellate record must be filed in the appellate court within 30 days after the first notice of appeal is filed, except in an accelerated appeal in which case the record must be filed within 10 days after the notice of appeal is filed.

35.2 Criminal Cases. The appellate record must be filed in the appellate court:

(a) if a motion for new trial is not filed, within 60 days after the date the sentence is imposed or suspended in open court or the order appealed from is signed;

(b) if a timely motion for new trial is filed and denied, within 120 days after the date the sentence is imposed or suspended in open court; or

(c) if a motion for new trial is granted, within 60 days after the order granting the motion is signed.

35.3 Responsibility for Filing Record.

(a) Clerk ’s record . The trial court clerk is responsible for preparing, certifying, and timely filing the clerk’s record if:

(1) a notice of appeal has been filed; and

(2) the party responsible for paying for the preparation of the clerk’s record has paid the clerk's fee, has made satisfactory arrangements with the clerk to pay the fee, or is entitled to appeal without paying the fee.

(b) Reporter ’s record . The official or deputy reporter is responsible for preparing, certifying, and timely filing the reporter’s record if:

(1) a notice of appeal has been filed;

(2) the appellant has requested that the reporter’s record be prepared; and

(3) the party responsible for paying for the preparation of the reporter’s record has paid the reporter’s fee, or has made satisfactory arrangements with the reporter to pay the fee, or is entitled to appeal without paying the fee.

(c) Courts to ensure record timely filed . The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. The appellate court must allow the record to be filed late when the delay is not the appellant’s fault, and may do so when the delay is the appellant’s fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record.

Notes and Comments
Comment to 1997 change: This is former Rule 54. In subdivision 35.1, the time to file the record in civil cases is based on the date the judgment is signed except in accelerated and restricted appeals, in which the time to file the record is based on the date the notice of appeal is filed. Subdivision 35.3 is new and makes it the responsibility of the trial court clerk and court reporter to file the record. Former Rule 54(c), providing for an extension of time to file the record, is repealed as unnecessary. The trial court clerk and court reporter should make arrangements with the court of appeals if additional time is required to file the record, as suggested in Rule 37.3

Last modified: November 08, 2001