Opinion
Order No. 1609.
Dated: April 24, 2006.
Effective Date: October 15, 2006.
IT IS ORDERED:1. Appellate Rule 210 is amended to read as follows:
Rule 210. Record on Appeal.
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(b) Preparation of Transcript.
(1) Designation of Parts of Record to be Transcribed.
(A) At the time the notice of appeal is filed, the appellant shall file and serve on the other parties to the appeal a designation of the parts of the electronic record which appellant intends to transcribe. The appellant shall designate all parts which are essential to a determination of the issues on appeal. If appellant claims that the written findings of fact or conclusions of law are insufficient or erroneous, the designation shall include any oral findings of fact and conclusions of law. Within 10 days after service of appellant's designation, any other party to the appeal may file and serve a designation of additional parts of the electronic record to be transcribed.
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(c) Excerpts of Record.
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(2) Contents.
(A) Appellant's Excerpt. The appellant's excerpt of record must contain the following parts of the record:
(i) all charging documents, or the petition or complaint, counterclaim, crossclaim, and answer setting out the issues to be tried;
(ii) the judgment or interlocutory order from which the appeal is taken;
(iii) other orders or rulings sought to be reviewed;
(iv) supporting opinions, findings of fact, conclusions of law, or other statements showing the reasoning of the trial court; and, if appellant claims that the written findings of fact or conclusions of law are insufficient or erroneous, a copy of the pages of the transcript at which any relevant oral findings of fact and conclusions of law are recorded;
(v) if the appeal is from the grant or denial of a motion, relevant portions of briefs, memoranda, and documents filed in support of and in opposition to the motions;
(vi) if the appellant is challenging the admission or exclusion of evidence, the giving or failure to give a jury instruction, or another oral ruling or order, a copy of the pages of the transcript at which the evidence, offer of proof, ruling, or order and relevant discussion by the court, and any necessary objection are recorded;
(vii) if the appeal is from a final decision in a child-in-need-of-aid proceeding under AS 47.10.080(c) or a case involving the termination of parental rights under AS 25.23.180, the predisposition report prepared in the case; and
(viii) specific portions of other documents in the record, including documentary exhibits, that are referred to in appellant's brief and essential to the resolution of an issue on appeal.
/s/____________________________ Chief Justice Bryner
/s/____________________________ Justice Matthews
/s/____________________________ Justice Eastaugh
/s/____________________________ Justice Fabe
/s/____________________________ Justice Carpeneti