63-8 Practice Tip

There is part of one appellate practice rule many lawyers and paralegals generally disregard: P.B. § 63-8 Ordering and Filing of Transcripts. While everyone knows that they have to order transcripts for their appeal using Form JD-ED-38, few keep reading on to see that there are other documents they must file regarding transcripts in the appellate court. Don’t just stop with Section 1 of that form.

First, when the court reporter sends you the written acknowledgement of the order, with the estimated delivery date written in Section 2, you must file that with the court, along with a certification of service that complies with § 62-7. See P.B. § 63-8(b). If, for some reason, your transcripts come in after the estimated delivery date, the court reporter is required to issue an amended acknowledgement form no later than the next business day, which also needs to be filed with the appellate court in the manner mentioned above.

Second, pursuant to P.B. § 63-8(d), you need to file the filled in certificate of completion from Section 3 of the form with the appellate clerk. Do this by simply signing Section 4 and attaching a list all counsel served pursuant § 62-7. This provision in particular has special importance because it starts the clock on motions for articulation and briefing deadlines.

It is highly probable that you will either receive a telephone call or NISI order if you fail to comply with these provisions. So, the take-away is this: file everything involving the JD-ES-38 order form with the appellate clerk. This way you can’t go wrong.