Rule 7.109 Record on Appeal

(A)   Content of Record. Appeals to the circuit court are heard on the original record.

(1)   Appeal From Trial Court. The record is as defined in MCR 7.210(A)(1).

(2)   Appeal From Agency. The record is as defined in MCR 7.210(A)(2).

(3)   Excluded Evidence. The record on appeal must include the substance of the excluded evidence or the transcript of proceedings in the trial court or agency excluding it. Excluded exhibits must be maintained by the party offering them.

(4)   Stipulations. The parties may stipulate in writing regarding any matters relevant to the trial court or agency record if the stipulation is made a part of the record on appeal and sent to the circuit court.

(B)   Transcript.

(1)   Appellant’s Duties; Orders; Stipulations.

(a)   The appellant is responsible for securing the filing of the transcript as provided in this rule. Unless otherwise provided by circuit court order or this subrule, the appellant shall order the full transcript of testimony and other proceedings in the trial court or agency. Under MCR 7.104(D)(2), a party must serve a copy of any request for transcript preparation on the opposing party and file a copy with the circuit court.

(b)   In an appeal from probate court, only that portion of the transcript concerning the order appealed need be filed. The appellee may file additional portions of the transcript.

(c)   On the appellant’s motion, with notice to the appellee, the trial court or agency may order that no transcript or some portion less than the full transcript be included in the record on appeal. The motion must be filed within the time required for filing an appeal, and, if the motion is granted, the appellee may file any portions of the transcript omitted by the appellant.

(d)   The parties may stipulate that no transcript or some portion less than the full transcript be filed.

(e)   The parties may agree on a statement of facts without procuring the transcript and the statement signed by the parties may be filed with the trial court or agency and sent as the record of testimony in the action.

(2)   Transcript Unavailable. When a transcript of the proceedings in the trial court or agency cannot be obtained, the appellant shall file a settled statement of facts using the procedure in MCR 7.210(B)(2) unless a statute provides otherwise.

(3)   Duties of Court Reporter or Recorder.

(a)   Certificate. Within 7 days after a transcript is ordered by a party or the court, the court reporter or recorder shall furnish a certificate stating that the transcript has been ordered and payment for it made or secured and that it will be filed as soon as possible or has already been filed.

(b)   Time for Filing.

(i)   The court reporter or recorder shall file the transcript in the trial court or agency within:

[A]   14 days after a transcript is ordered by a party or the court for an application for leave to appeal from an order granting or denying a motion to suppress evidence in a criminal case;

[B]   28 days after a transcript is ordered by a party or the court in an appeal of a criminal conviction based on a plea of guilty, guilty but mentally ill, or nolo contendere or an appeal from the dismissal or reduction of a felony charge following a preliminary examination; or

[C]   56 days after a transcript is ordered by a party or the court in all other cases.

(ii)   The circuit court may extend or shorten these time limits in an appeal pending in the court on motion filed by the court reporter or recorder or a party.

(c)   Copies. Additional copies of the transcripts required by the appellant may be ordered from the court reporter or recorder. Photocopies of the transcript furnished by the court reporter or recorder may also be made.

(d)   Form of Transcript.   The transcript must be prepared in the form provided by MCR 7.210(B)(3)(d).

(e)   Notice. Immediately after the transcript is filed, the court reporter or recorder shall notify the circuit court and all parties that it has been filed and file in the circuit court an affidavit of mailing of notice to the parties.

(f)   Discipline. A court reporter or recorder failing to comply with the requirements of these rules is subject to disciplinary action, including punishment for contempt of court.

(g)   Responsibility When More Than One Reporter or Recorder. In a case in which portions of the transcript must be prepared by more than one reporter or recorder, the person who recorded the beginning of the proceeding is responsible for ascertaining that the entire transcript has been prepared, filing it, and giving the notice required by subrule (B)(3)(e), unless the court has designated another person.

(C)   Exhibits. Unless otherwise ordered by the circuit court, trial court, or agency, the offering parties shall maintain exhibits in their possession.    

(D)   Reproduction of Records. The trial court or agency shall procure copies of file contents as provided in MCR 7.210(D).

(E)   Record on Motion. If, before the complete record on appeal is sent to the circuit court, a party files a motion that requires the circuit court to have the record, the trial court or agency shall, on request of a party or the circuit court, send the circuit court the documents needed.

(F)   Service of the Record. Within 14 days after the transcript is filed with the trial court or agency, the appellant shall serve a copy of the entire record on appeal, including the transcripts and exhibits in his or her possession, on each appellee. However, copies of documents the appellee already possesses need not be served. On request, the appellant shall make available to the appellee exhibits incapable of being copied. Proof that the record was served must be promptly filed with the circuit court and the trial court or agency. If the filing of a transcript has been excused as provided in subrule (B), the record shall be served within 14 days after the filing of the transcript substitute.

(G)   Transmission of Record.

(1)   Within 14 days after the complete transcript has been filed or a certified copy of the record has been requested, the trial court or agency shall promptly send the record to the circuit court, except for those things omitted by written stipulation of the parties. The trial court may order removal of exhibits, if any, from the record. Weapons, drugs, or money are not to be sent unless requested by the circuit court. The trial court or agency shall append a certificate identifying the name of the case, listing the papers with reasonable definiteness, and indicating that the required fees have been paid and any required bond filed. The record transmitted shall include:

(a)   a register of actions in the case;

(b)   any exhibits on file;

(c) all documents and papers from the court file;

(d) all transcripts;

(e) all opinions, findings, and orders of the trial court or agency; and

(f) the order or judgment appealed.

(2)   Transcripts and all other documents which are part of the record on appeal must be attached in one or more file folders or other suitable hard-surfaced binders showing the name of the trial court or agency, the title of the case, and the file number.

(3)   The circuit court must immediately send written notice to the parties when the record is filed in the circuit court.

(H)   Return of Record. After deciding the appeal, the circuit court shall promptly send the original record with a certified copy of its order and any written opinion

(1)   to the clerk of the Court of Appeals if a timely application for leave to appeal is filed in the Court of Appeals, or

(2)   to the clerk of the trial court or agency from which the record was received if no timely application for leave to appeal is filed in the Court of Appeals.

(I)   Notice of Return of Record. The trial court or agency clerk shall promptly notify all parties of the return of the record.