Alaska R. App. P. 210

(a) Composition of Record. The record on appeal

consists of the entire trial court file, including the original

papers and exhibits filed in the trial court, the electronic record

of proceedings before the trial court, and transcripts, if any, of

the trial court proceedings. Except as otherwise ordered by the

appellate court, the record does not include documents or

exhibits filed after, or electronic records or transcripts of

proceedings occurring after, the filing date of the notice of

appeal, and does not include transcripts not designated under

subsection (b)(1) of this rule unless those transcripts were filed

with the trial court prior to the filing date of the notice of

appeal. Filings, exhibits, electronic recordings, or transcripts

presented to the trial court after the filing date of the notice of

appeal may be added to the record on appeal only upon motion

pursuant to subsection (i). Material never presented to the trial

court may not be added to the record on appeal.

(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.

(B) If a party designates an entire trial or hearing, the

party’s designation shall include only the nature and dates of

the proceeding. If a party designates parts of a trial or hearing,

the party’s designation shall include the nature and dates of the

proceeding, the CD or tape number and log numbers or time

where these parts appear [CD (#), at Time 00:00:00 or Tape

(#), at Log 00:00:00], and a narrative description of the

portions requested. If a party designates a portion of a witness’

testimony, it must appear from the party’s narrative description

that part of the witness’ testimony has been omitted.

(2) Preparation at Public Expense. The clerk of the

appellate courts shall arrange for preparation of the transcript

in cases in which the transcript is prepared at public expense.

The transcript shall include all parts of the electronic record

designated by the parties to the appeal; however, the voir dire

examination of jurors and jury instructions shall not be

transcribed unless a party has specifically requested these

portions of the trial.

(3) Preparation Not at Public Expense. In cases in which

the transcript is not prepared at public expense, the appellant

shall arrange for preparation of a transcript of all parts of the

electronic record designated by the parties to the appeal. Upon

request, the clerk of the trial courts shall provide to the

transcriber a copy of the designations, a copy of the electronic

record or parts thereof, a copy of the log notes and other

information necessary for preparation of the transcript. Unless

the parties agree otherwise by stipulation, or unless otherwise

ordered by the appellate court, the person designated to prepare

the transcript shall not be a relative, employee, or attorney of

any of the parties, or a relative or employee of that attorney, or

be financially interested in the action. Apart from contracting

for the preparation of the transcript within a given period of

time and at a given price, neither the party nor the party’s

attorney may exercise control over the preparation of the

transcript.

(4) Time for Completion. Preparation of the transcript

shall be completed within 40 days after issuance of the opening

notice. If the transcript is not being prepared at public expense

and the transcriber is unable to complete the transcript within

this time, the appellant shall move the court for an extension of

time. The motion shall comply with Appellate Rule 503.

(5) Filing and Distribution. Upon completion of the

transcript, the transcriber shall promptly notify the parties in

writing that the transcript has been completed and shall file

with the clerk of the appellate courts (i) the original transcript;

and (ii) an electronic version of the transcript in the form and

format prescribed by administrative bulletin. No other copies

of the transcript are required unless otherwise specified by the

clerk.

(6) Costs. If the transcript is not being prepared at public

expense, the cost of preparing the original transcript, the copy

filed with the court and the computer diskette shall be paid by

the appellant. This cost may be taxed as a cost in the case, but

if any party causes parts of the electronic record to be

transcribed unnecessarily, the court may impose the cost of

transcribing such parts on that party.

(7) Form of Transcript. Transcripts shall be in the form

and format prescribed by administrative bulletin.

(8) Statement in Lieu of Transcript. If there is no

electronic recording from which a transcript can be prepared,

the appellant may prepare a statement of the evidence of

proceedings from the best available means, including the

appellant’s recollection, for use instead of a stenographic or

electronically recorded transcript. This statement shall be

served on the appellee, who may serve objections or proposed

amendments, and shall be submitted to the court from which

the appeal is being taken for settlement and approval. As

settled and approved, the statement shall be filed with the clerk

of that court and transmitted to the appellate court in lieu of a

transcript.

(c) Excerpts of Record.

(1) Duty to Prepare.

(A) Each party shall file and serve an excerpt of record

with the party’s brief.

(B) In cases involving multiple appellants or appellees,

each side shall prepare a single excerpt of record. In a case

involving multiple appellants who are filing separate briefs, the

appellant who filed the first notice of appeal shall prepare and

file the excerpt for the appellants, unless the appellants

otherwise agree. In a case involving multiple appellees who are

filing separate briefs, the appellees shall decide among

themselves which appellee shall prepare and file the excerpt

for the appellees. Ten days prior to the date on which a side’s

briefs are due, the parties who are not responsible for

preparation of the excerpt shall transmit to the responsible

party a list of documents to be included in the excerpt. The

responsible party shall include in the excerpt all documents

which are specified by the other parties, provided such

documents are in the record. A party who fails to transmit a list

of documents to the responsible party by the 10 day deadline

waives the right to designate documents for inclusion in the

excerpt. The responsible party shall mail a copy of the excerpt

to each of the other parties on that side six days before the date

the briefs are due, or deliver a copy of the excerpt three days

before the date the briefs are due, so that the other parties may

include the appropriate citations in their briefs. The cost of

copying and mailing the excerpt shall be borne equally by all

parties on the side.

(C) A cross-appellant or cross-appellee who elects to file

a single brief shall file a single excerpt with that brief. A cross-appellant who makes this election shall include in the excerpt

those documents that are properly included in an appellee’s

excerpt under Rule 210(c)(2). A cross-appellant who elects to

file separate briefs shall file and serve notice of this election

within 10 days after service of the notice of the due date for

appellant’s brief. If a cross-appellant makes this election, the

cross-appellant and the appellant shall be treated as co-

appellants filing separate briefs and shall prepare and submit a

combined excerpt as required by Rule 210(c)(1)(B). The cross-appellee and the appellee shall be treated as co-appellees filing

separate briefs for purposes of that rule.

(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 motion;

(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.

(B) Appellee’s Excerpt. The appellee’s excerpt of record

must contain those parts of the record required under (c)(2)(A)

and relied on by appellee that were not included in the

appellant’s excerpt.

(C) Portions of the Transcript. Parties may also include

in the excerpt selected pages of the transcript that are critical to

the appeal.

(D) Items Not to Be Included in the Excerpts. Pages of

the transcript and briefs and memoranda filed in the trial court

may only be included in the excerpts if required under

(c)(2)(A) or permitted under (c)(2)(C). The fact that parts of

the record are not included in the excerpts does not prevent the

parties or the appellate court from relying on those parts.

(3) Supplemental Excerpts. Appellant may file and serve

a supplemental excerpt of record with appellant’s reply brief or

within the time specified for filing a reply brief. No other

supplemental excerpt may be filed except by leave of the

appellate court granted on motion, or at the request of the

appellate court. A supplemental excerpt may not include parts

of the record that appear in another excerpt filed in the appeal.

(4) Form, Filing and Service. Each party’s excerpt of

record must be arranged in chronological order, must be bound

separately from the party’s brief, and must contain a table of

contents at the beginning of the first volume. The excerpt and

the table of contents must be in the form specified in the

Clerk’s Instructions for Preparation of Excerpts published in

these rules. One copy of the excerpt must be filed and served

with the party’s original brief. Eight copies of the excerpt must

be filed with the bound copies of the brief, and one copy must

be served on counsel for each party separately represented,

unless a different number is specified by the clerk.

(5) Excerpts to be Abbreviated. The parties shall include

in the excerpts only those parts of the record that are essential

to a determination of the questions presented on appeal. For

any infraction of this rule, the appellate court may impose

sanctions and withhold or impose costs as the circumstances of

the case and discouragement of like conduct in the future may

require.

(6) Costs. Subject to (c)(5), the prevailing party is

entitled to recover the cost of copying its excerpt of record

under Appellate Rule 508(d).

(d) RESERVED.

(e) Preparation of the Trial Court File.

(1) Transmission to Appellate Court. Upon receipt of the

opening notice, the clerk of the trial court shall gather all parts

of the record and assemble the file. The clerk of the trial court

shall transmit the record to the clerk of the appellate courts.

The record to be transmitted includes standard size documents,

photographs, audio and video exhibits, and all electronically

filed documents and exhibits. Other physical exhibits shall be

retained by the trial court unless specifically requested by the

appellate court. As used in this paragraph, “physical exhibits”

includes documents or photographs of unusually large size or

unusual bulk or weight.

(2) Confidential and Sealed Materials. Papers and

exhibits filed as confidential or under seal shall be maintained

in that status while they constitute part of a record on appeal,

and access to them shall be governed by Rule 512.5(c).

(3) Page Numbering. Upon receipt of the record from the

trial court, the clerk of the appellate courts shall number the

pages of the record, assembled in accordance with subsections

(a) and (e)(1) of this rule, in a single consecutive sequence. In

an appeal from the Alaska Workers’ Compensation Appeals

Commission, the Appeals Commission clerk must number the

record beginning with the number immediately following the

number of the last page in the record prepared by the Workers’

Compensation Board.

(4) Time for Completion. Receipt of the record and page

numbering must be completed within 40 days after issuance of

the opening notice.

(f) Briefing Schedule. Upon completion of the prepared

record and receipt of the transcript, the clerk of the appellate

courts shall give notice of the due date for the appellant’s brief.

(g) Transfer to Other Court Locations. The clerk of

the appellate courts may direct that the record be temporarily

transferred to another court location within the state for the

accommodation of counsel in the preparation of briefs.

(h) Several Appeals. When more than one appeal is

taken to the appellate court from the same judgment, there

shall be a single record on appeal. In preparing the record,

deadlines which run from filing of the notice of appeal shall

run from filing of the last notice of appeal.

(i) Power of Court to Correct, Modify, or Supplement. It is not necessary for the record on appeal to be

approved by the trial court or a judge thereof except as

provided in paragraph (b)(8) and in Rule 211, but if any

difference arises whether the record truly discloses what

occurred in the trial court, the difference shall be submitted to

and settled by that court and the record made to conform to

that court’s decision. If anything material to either party is

omitted from the record on appeal by error or accident by court

personnel, or is misstated therein, the parties by stipulation, the

trial court, or the appellate court, on a proper suggestion or of

its own initiative, may direct that the omission or misstatement

shall be corrected. All other questions as to the content and

form of the record shall be presented to the appellate court.

Materials (including filings, exhibits, electronic recordings, or

transcripts) filed with the trial court after the filing date of the

notice of appeal may be added to the record on appeal only

upon motion designating by title, description, and filing date

the materials sought to be added, and are limited to the

following:

(1) materials pertaining to attorney’s fees, costs, or

prejudgment interest;

(2) amended judgments, and all materials pertaining to

those judgments;

(3) oppositions or replies responding to, or orders

determining, motions that were filed on or before the filing

date of the notice of appeal, and materials pertaining to those

documents;

(4) any orders listed in Rule 204(a)(3), together with any

motions, oppositions, and replies leading to such orders, and

any materials pertaining to those documents;

(5) materials to be added to the record upon entry of an

order amending or supplementing the points on appeal; and

(6) materials to be added to the record for other good

cause found by the appellate court.

On motion in the appellate court, and for cause, an excerpt of

record may also be modified or supplemented to correct

omissions by counsel.

(j) Return of Record After Final Disposition. Unless

the court otherwise orders, the clerk shall return original

exhibits to the trial court upon return of jurisdiction as

provided by Rule 507.