As amended through November 7, 2024
Rule RAP 27 - Appellate Clerk's Duties(A)Scope of Rule. RAP 27 applies only to the clerks of the Court of Appeals and Supreme Court.(B)General Docket. The clerk of each appellate court shall keep a general docket in which shall be recorded all appeals and original proceedings in that court. It shall show the number and style of each case and the dates it is docketed, submitted, or sent to the court, and decided. In appealed cases it shall show also the county from which appealed, whether it is civil or criminal, and if advanced; the dates briefs are filed; the dates a petition for rehearing, modification or extension is filed and ruled on and the nature of the ruling; and the date the order or opinion became final.(C)Docketing of Appeals. No action in or appeal to the Court of Appeals or Supreme Court will be docketed until the filing fee required by RAP 13 is paid, except as set forth in RAP 2(H). Subject to that requirement, an appeal shall be docketed when the appellate court clerk receives copies of the notice of appeal, official docket sheet, judgment, and receipt for the filing fee or an order granting a motion to proceed in forma pauperis from the appropriate court clerk. A motion for relief under RAP 20(B), (C), or (F) shall also be treated as an appeal and shall be docketed when it is filed and the filing fee is paid. A motion for relief under RAP 20(D) shall be treated as an interlocutory motion in the pending appeal from the final judgment and shall not receive a separate docketing number in the Court of Appeals.(D)Docket Sheets. The clerk shall attach to each case record a docket sheet which shall bear the style and file number of the case, a brief indication of the subject-matter, the names and addresses of the attorneys, and in appealed cases the county and appellate district from which appealed and the name and address of the trial judge. Every step taken in the case shall be entered by the clerk on the docket sheet.(E)Filing of Papers. Nothing lodged with the clerk in connection with an original proceeding or an appealed case, or on which action of any kind by the court is sought, shall be docketed or noted as a step in a proceeding unless it is tendered within the time allowed for its filing and otherwise conforms to these rules and any filing fee required by RAP 13 has been paid.(F)Unauthorized or Nonconforming Paper. A late, unauthorized, or otherwise nonconforming paper shall be considered only by leave of the court.(G)Request for Transmittal of Record on Appeal. Transmittal of the record on appeal from the clerk of the trial court shall be requested by the clerk of the appellate court when the appellant's reply brief is filed or at the expiration of the time allowed for its filing, whichever is sooner, with the following exceptions in criminal cases (including proceedings under RCr 11.42): (1) If the notice of certification required by RAP 26(B)(5) indicates that counsel for the appellant is the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth, the clerk of the appellate court shall request transmittal of the record forthwith; or(2) If the notice of certification required by RAP 26(B)(5) indicates that counsel for the appellant is someone other than the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth or that the appellant is acting pro-se, the clerk of the appellate court shall request transmittal of the record when the appellant's brief is filed. Should the appellant fail to file a brief, the clerk need not request the record unless so directed by the court.(H)Preservation and Disposition of Records.(1)Withdrawal from Custody of Clerk. Records or parts thereof shall be taken from the custody of the clerk of the appellate court only under extraordinary circumstances and upon order of the court, except that, unless otherwise directed by the Supreme Court, the Public Advocate of the Commonwealth or the Attorney General of the Commonwealth may be permitted by the clerk of an appellate court to have temporary custody of records in criminal and quasi-criminal cases for the purpose of preparing briefs.(2)Transmittal from Court of Appeals to Supreme Court. Upon the granting of a motion for discretionary review by the Supreme Court, the clerk of the Court of Appeals shall forward the record on appeal to the clerk of the Supreme Court, together with the briefs and all other relevant papers on file in the Court of Appeals.(3)Return to Trial Court. Upon final disposition of an appeal the clerk shall return the original record to the clerk of the trial court. All other records shall be retained or archived. Physical exhibits may be disposed of at any time as the court directs unless otherwise directed by statute.Adopted by order 2022-49, eff. 1/1/2023.