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§ 2-104. Transcript.

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   (A) How Ordered; Contents.

   (1) Upon filing the notice of appeal, the appellant shall file with the court from which the appeal is taken a praecipe directing the clerk to prepare a transcript, which shall contain:

   (a) The pleadings upon which the case was tried, as designated by the appellant;

   (b) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the lower court's memorandum opinion, if any; and

   (c) A copy of the supersedeas bond, if any, given in the district court, or, if none has been given, a recital of the fact that a bond for costs was given and approved in the district court, or a deposit made as required by Neb. Rev. Stat. § 25‑1914.

   (d) In cases where an application to proceed in forma pauperis has been filed, a copy of the order of the district court granting or denying such.

   (2) If the appellant is of the opinion that other parts of the record are necessary for the proper presentation of the errors assigned in this court, he or she shall further direct the clerk to include in the transcript such additional parts of the record as he or she shall specify in the praecipe, including the instructions given by the trial court, if the appellant intends to assign error in the giving of any instruction, and any tendered instruction refused, if the appellant intends to assign error to such refusal. The appellant shall limit his or her request for such additional material to only those portions of the record which are material to the assignments of error.

   (3) In filing a praecipe for transcript with the clerk of the district court, the party making such praecipe shall identify by name each specific document which the party desires to have included in the transcript pursuant to this rule. The clerk of the district court may not include, without specific written request, a copy of any document not required under this rule. The district court clerk shall, upon request, certify that the record does not contain a described document. The notice of appeal, praecipes for preparation of transcripts and bills of exceptions, and poverty affidavits shall not be included in the transcript, since they are previously certified and sent to this court.

   (B) Form.

   (1) The transcript may be typed or photocopied. The image produced shall be permanent, black on a white background, and sharply and clearly legible. Each document in the transcript shall bear a clear and distinct stamp or writing showing the date the document was filed by the clerk of the court. Transcripts shall be submitted on paper measuring 8½ by 11 inches. The paper shall be of approximately 16‑pound substance. The transcript shall be securely bound at the top center of each page with a fastener with prongs 2¾ inches apart on center. No pages in the transcript may be stapled. Each page shall be consecutively numbered, with the number at the bottom of the page. An index shall be supplied, referring to the initial page of each item contained in the transcript. The index, preceded by a caption of the case and the appellate court docket number, shall constitute the first page or pages of the transcript.

   (2) Journal entries may be typed as a group and included at the end of the transcript. Each entry must show the date it was filed with the clerk of the court and the name of the judge making the entry.

   (C) Supplemental Transcript. After the original transcript is filed in the office of the Supreme Court Clerk, any party may, without leave of court, request a supplemental transcript containing matters omitted from the original transcript and necessary to the proper presentation of the case in this court. The request shall be in writing, and in the same form as required in § 2-104(A). After filing, no change in the original or supplemental transcript shall be made, or papers added to or withdrawn from the transcript, without leave of court. All supplemental transcripts must be filed prior to the day the case is submitted to the court, unless leave of court is obtained in advance to file later. Supplemental transcripts shall be submitted in the same form as transcripts.

(D) Cases Previously Before the Court. If a case has been appealed previously and a transcript filed in the appellate court in the earlier case, the transcript in the new appeal should contain only pleadings filed after the issuance of the mandate of this court in the prior case.

COMMENT
   It is the intent of § 2-104 to reduce the bulk of transcripts filed with the court. The court specifically intends to eliminate requests for subpoenas, subpoenas, requests for summonses, summonses, interrogatories, appearances of counsel, notices, and other documents not relevant to the appeal. Opinions of the appellate courts appear in the Nebraska Reports and the Nebraska Appellate Reports and should never be included as part of a transcript.

Rule 4(A)(1)(a) – (c) amended May 28, 1992; Rule (A)(1)(d) adopted October 14, 1999. Renumbered and codified as § 2-104, effective July 18, 2008.

 

This page was last modified on Tuesday, October 16, 2012