Arizona

Criminal Procedure

Criminal Procedure

Rule 31.8 – The Record on Appeal

(a) Composition of the Record on Appeal.

(1)Generally. The record on appeal consists of:

(A) all documents (including minute entries, exhibit lists, transcripts, and other items) filed in the superior court on or before the effective date of the filing of a notice of appeal, a notice of cross-appeal, or an amended notice of appeal;
(B) the index prepared under Rule 31.9(b);
(C) all documents, papers, books, and photographs introduced into evidence; and
(D) certified transcripts of oral proceedings, as provided in Rule 31.8(b).
(2)Additions and Deletions.

(A) By Appellant. No later than 30 days after filing a notice of appeal, the appellant may file with the superior court clerk a designation to include in the record any item not within (a)(1)(C) that the appellant deems necessary, and to delete from the record all the documents, papers, books, and photographs the appellant deems unnecessary.
(B) By Appellee. No later than 30 days after the opening brief is filed, the appellee may file with the superior court clerk a designation to include in the record any item not within (a)(1)(C) that the appellee deems necessary, and any document, paper, book, or photograph deleted by the appellant. The superior court clerk must supplement the record accordingly.
(C) By the Appellate Court. An exhibit other than those listed in (a)(1)–including the excised portion, if any, of a presentence, diagnostic, or mental health report–may be added to the record on appeal only by order of the appellate court. The court may enter such an order at any time.
(D) Notice to Other Parties. An appellant or appellee must serve any designation or request made under this rule on all other parties when the party submits the designation or request.
(b) Certified Transcripts.

(1)Generally. The record on appeal includes certified transcripts as follows:

(A) if the defendant is sentenced to death, the record on appeal must include a certified transcript of all recorded proceedings, including grand jury proceedings; and
(B) in all other cases, the record on appeal must include a certified transcript of the following proceedings:

(i) any voluntariness hearing or hearing to suppress the use of evidence;
(ii) all trial proceedings, excluding the record of voir dire unless a party specifically designates it;
(iii) any aggravation or mitigation hearing;
(iv) proceedings for the entry of judgment and sentence; and
(v) any probation violation proceeding.
(2)Additions and Deletions.

(A) By Appellant. No later than 30 days after filing a notice of appeal, the appellant may request from the certified court reporter or, if the record was made by electronic or other means, the court’s designated transcript coordinator:

(i) a certified transcript of any proceeding not automatically included under (b)(1); and
(ii) to exclude from a certified transcript any portion of the proceedings the appellant deems unnecessary for a proper hearing of the appeal.
(B) By Appellee. No later than 30 days after the opening brief is filed, the appellee may request from the certified court reporter or, if the record was made by electronic or other means, the court’s designated transcript coordinator, a certified transcript of:

(i) any portion of a proceeding deleted by the appellant; and
(ii) a proceeding not automatically included under (b)(1).
(C) Untimely Request. For good cause shown, a party may request an addition to the record under (b)(2)(A) and (B).
(D) Notice to Other Parties. An appellant or appellee must serve any designation or request made under this rule on all other parties when the party submits the designation or request.
(c) Authorized Transcriber: Time to Prepare, and Payment Arrangements for, Certified Transcripts.

(1)Generally. Every transcript in the record on appeal must be prepared by an authorized transcriber. An “authorized transcriber” as used in this rule means a certified reporter or a transcriber under contract with an Arizona court. There may be multiple authorized transcribers for a single case.
(2)Court Reporter. If a certified reporter attended a proceeding in the superior court, a party must order a certified transcript of proceedings directly from that reporter.
(3)Audio or Video Recording. If the superior court created only an audio or audio-video recording of the proceeding, a party must order a certified transcript of the proceeding directly from an authorized transcriber. Unless the ordering party is an indigent defendant, the superior court will furnish the transcriber with a copy of the designated electronic recording upon receiving a notice from the transcriber that the transcriber has reached a satisfactory arrangement for payment. All parties to the appeal must cooperate with the transcriber by providing information that is necessary to facilitate transcription.
(4)Time to Prepare. The authorized transcriber must prepare the certified transcript promptly upon receiving a notice of appeal either:

(A) by the State; or
(B) by the defendant if the notice indicates that the defendant was represented by appointed counsel when found guilty or when sentenced.
(5)Non-Indigent Defendant. No later than 5 days after filing a notice of appeal or after the denial of a request during the appeal to proceed as indigent, a non-indigent defendant must make payment arrangements with the authorized transcriber for the certified transcript. The authorized transcriber then must promptly prepare the certified transcript. The authorized transcriber must notify the appellate court if the defendant fails to make satisfactory payment arrangements within the prescribed time.
(6)Additions and Deletions. The authorized transcriber must promptly add or delete any portions requested by the parties. Non-indigent defendants must pay for all portions of the record on appeal and certified transcripts that they have designated or requested.
(d) Authorized Transcriber: Manner of Delivering Transcripts.

(1)Delivery to the Appellate and Trial Courts. The authorized transcriber must file a certified electronic transcript of proceedings with the appellate and trial court clerks within the time allowed for the superior court clerk to transmit the record to the appellate court under Rule 31.9(c).
(2)Delivery to the State.

(A) If an Appellee. If the State is the appellee, the authorized transcriber must deliver an electronic copy of the certified transcript to the Attorney General and the appropriate county attorney’s office, if any.
(B) If an Appellant. If the State is the appellant, the authorized transcriber must deliver an electronic copy of the certified transcript to the agency that prosecuted the case in the superior court.
(3)Delivery to the Defendant.

(A) Electronic. The authorized transcriber must submit the electronic transcript for the defendant to the superior court clerk, who will provide the electronic transcript to the defendant’s appellate counsel or to the defendant, if self-represented.
(B) Paper. If defense counsel or a self-represented defendant requires or requests a paper transcript rather than an electronic transcript, the authorized transcriber must submit the defendant’s paper copy to the superior court clerk, who will transmit the copy to the defendant’s appellate counsel or to the defendant, if self-represented.
(C) Exception. If a local rule or administrative order prescribes a procedure different from (d)(3)(A) or (B), the authorized transcriber must distribute the defendant’s copy as provided in that rule or order.
(4)Notice of Service. The authorized transcriber must file with the appellate court a notice of service of the certified transcript. The notice must state when and on whom service was made.
(e) Narrative Statement if No Record Is Available.

(1)Clerk’s Duty. If the court did not make a record of evidence or of an oral proceeding at trial, or if the transcript is unavailable, the superior court clerk must promptly notify the parties and the appellate clerk.
(2)Narrative Statement.

(A) Preparation. If no record of evidence or transcript of an oral proceeding is available, the appellant may prepare and file a narrative statement of the evidence or proceeding from the best available means, including the appellant’s recollection.
(B) Filing and Service. The appellant must file the narrative statement in the superior court no later than 30 days after filing a notice of appeal and must serve it on all other parties.
(C) Objections. Any other party may file objections or proposed amendments to the narrative statement no later than 10 days after the statement is served.
(D) If the Appellant Does Not File a Statement. If the appellant does not file a narrative statement within the time specified in (2)(B), any other party may prepare, file, and serve such a narrative statement. The appellant may file objections or proposed amendments to that statement no later than 10 days after the statement is served.
(E) Court Review and Transmittal. After considering a narrative statement and any objections or proposed amendments, the superior court must settle and approve the narrative statement. The superior court clerk must then include it in the record transmitted to the appellate court under Rule 31.9(c).
(f) Agreed Statement.

(1)Generally. Instead of providing a transcript of oral proceedings to the appellate court, the parties may prepare an agreed statement that contains the evidence or proceedings that are essential to a decision of the issues presented by the appeal, and submit the statement to the superior court for settlement and approval. The agreed statement must include a statement of the issues the appellant and any cross-appellant intend to present on the appeal.
(2)Notice. The parties must notify the superior court clerk and authorized transcribers at the earliest practical time of the parties’ intent to submit an agreed statement.
(3)Filing. The parties must file the agreed statement in the superior court no later than 30 days after a notice of appeal is filed.
(4)Court Review and Transmittal. The superior court may make any additions and corrections it considers necessary to the issues presented by the appeal. The superior court clerk will then include the agreed statement, as corrected and modified by the court, in the record transmitted to the appellate court under Rule 31.9(c).
(g) Correcting or Modifying the Record.

(1)Generally. If anything material to either party is omitted from or misstated in the record, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded:

(A) on stipulation of the parties; or
(B) by the superior court before or after the record has been forwarded.
(2)Superior Court Review. If a dispute arises about whether the record accurately discloses what occurred in the superior court, the dispute must be submitted to and settled by the superior court and the record conformed accordingly.
(3)Appellate Court Review. The parties must present all other questions as to the form and content of the record to the appellate court.
(4)Order to Correct the Record. The appellate court may order the parties to correct an omission or misstatement in the record.

Ariz. R. Crim. P. 31.8

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.8, relating to the record on appeal, transcript, duty of the authorized transcriber, was abrogated effective January 1, 2018.