Record Designation on Appeal

Drafts a designation identifying all trial court materials to be transmitted to the appellate court, organized for completeness against each appellate issue.

Prerequisites

Notice of Appeal — filed and served; appellate case number if assigned
Trial court docket — chronological docket with filing dates and entry numbers
Case documents — pleadings, motions, orders, jury instructions, verdict forms
Trial exhibits — exhibit numbers, descriptions, and admission status
Hearing/trial dates — dates, judges, subject matter, witness lists
Appellate issues — identified errors or rulings being challenged
Applicable rules — jurisdiction-specific deadlines and format requirements
Party role — appellant (initial designation) or appellee (counter-designation)

Output Structure

1. Caption

| Element | Requirement | |---|---| | Court | Full appellate court name | | Case numbers | Appellate case no. + trial court case no. | | Parties | Full names with appellate designations (Appellant/Appellee or Petitioner/Respondent) | | Title | "Designation of Record on Appeal" or jurisdiction-specific variant |

2. Organization

Choose based on case complexity:

Chronological — simple cases; all items by filing/occurrence date
Categorical — complex cases; group by type with chronological sub-ordering

3. Foundational Documents

Notice of Appeal
Final judgment or appealable order
Post-judgment motions (JNOV, new trial, reconsideration)

For each item: exact docket title, filing date, docket entry number.

4. Pleadings

Complaint/petition (and amendments)
Answers, responsive pleadings
Counterclaims, cross-claims (if relevant to appellate issues)

5. Motions & Briefing

For each challenged ruling, designate the complete motion package:

| Component | Details | |---|---| | Motion | Title, filing date, docket no. | | Supporting briefs | All opposition and reply briefs | | Declarations/affidavits | Each declarant identified | | Documentary evidence | Attached or filed in support | | Hearing transcript | Date and subject | | Written order | Granting/denying |

6. Transcripts

Format each designation:

Transcript of [Proceeding Type] held on [Date],
before Judge [Name], regarding [Subject Matter].
[If partial]: Limited to: (1) testimony of [Witness];
(2) sidebar conference at p. [X] regarding Exhibit [Y];
(3) [other specific portions].

Identify by: date, proceeding type, judge, subject matter, witnesses, exhibit discussions. Err toward completeness — omitted portions cannot be reviewed on appeal.

7. Exhibits

Format each entry:

[Party]'s Exhibit [No.]: [Description], dated [Date] — [Admitted/Excluded/Limited Purpose]

Use trial numbering/lettering system
Designate specific pages/sections for voluminous exhibits if only portions are relevant, but include full exhibit when context matters

8. Orders & Rulings

Interlocutory orders on dispositive motions
Discovery rulings affecting available evidence
Evidentiary rulings (in limine, trial objections)
Directed verdict / JMOL rulings
Jury instructions — given AND refused
Special verdict forms
Post-trial motion orders

9. Counter-Designation Additions (Appellee Only)

When drafting a counter-designation, also include:

Direct examination context for appellant's cross-exam excerpts
Colloquy showing court's reasoning or party concessions
Evidence supporting affirmance / substantial evidence for findings
Record showing opponent's failure to preserve issues
Statement re cost responsibility for additional materials

10. Closing Components

| Component | Requirement | |---|---| | Cost allocation | Appellant acknowledges preparation/transmission costs; appellee addresses costs for counter-designated additions | | Certification | Accuracy and completeness after reasonable inquiry | | Certificate of service | All parties, trial court clerk, court reporters per local rules | | Signature block | Counsel name, bar number, firm, address, phone, email |

Guidelines

Deadlines are often jurisdictional — verify filing window (typically 10–30 days post-notice for appellant; shorter for counter-designation) [VERIFY for jurisdiction]
Cross-reference against appellate issues — every challenged ruling must have its complete supporting record designated
Incomplete designation risk — materials not designated may be permanently excluded from appellate review
Partial transcript caution — if appellant designates less than full transcript, appellee may designate additional portions at appellant's cost
Format compliance — check local rules for required organization, numbering, and filing method
When in doubt, include it — over-designation costs money; under-designation loses issues