The “Record” on Appeal

The most important thing to understand about an appeal procedurally (other than filing the notice of appeal on time) is that it is based entirely on "THE RECORD." The record has three parts:

1. Clerk's transcript (papers filed with the court in the lawsuit or proceeding);
2. Reporter's transcript (court reporter's word-for-word version of what was said in court); and
3. Exhibits marked or introduced into evidence.

The burden is on the appellant (the person complaining about the judgment/order) to provide the court with a sufficient record. This means you must produce not only your own pleadings, transcripts of hearings favorable to you, and your own exhibits---but also the other side's documents if you are the one filing the appeal.

What the above means is: If it was NOT "on the record," for the Court of Appeal in deciding an appeal, it does not exist. Evidence your lawyer could have brought to court but didn't is not on the record. Remarks made in the hallway or the judge's chambers without a reporter are not on the record. Statements made in court when the reporter was not writing, when you were "off the record," are not part of the record. It may be possible very near to the time of the unfavorable order/judgment to make a motion at the trial level to try to correct some of these problems---but not after the Notice of Appeal is filed.

If you have an appeal from a juvenile dependency court order, if your attorney failed in extreme fashion to represent you properly, this may be a basis for a successful appeal. However, in most cases your attorney’s errors are treated as your own errors. An initial consultation is probably necessary to determine whether you may have a valid appellate court issue.