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South Carolina
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RULE 210

RULE 210
RECORD ON APPEAL

(a) Time for Service.  Within thirty (30) days after service of the last brief, the appellant shall serve a copy of the Record on Appeal on each party who has served a brief.  Proof of service of the Record shall be immediately filed with the clerk of the appellate court.

(b) Time for Filing.  The appellant must file with the clerk of the appellate court fifteen (15) copies of the Record on Appeal no later than the date his brief(s) are due under Rule 211.  As provided by Rule 267(d), one copy filed with the appellate court shall be filed unbound.  The appellate court may require an appellant to file additional copies of the Record on Appeal.

(c) Content.  The Record on Appeal shall include all matter designated to be included by any party under Rule 209 and shall comply with the requirements of Rule 267.  The Record shall not, however, include matter which was not presented to the lower court or tribunal.  Matter contained in the Record on Appeal shall be arranged in the following order: the title page, index, orders, judgments, decrees, decisions, pleadings, transcript, charges, exhibits and other materials or documents, and a certificate by appellant.  Each page of the Record on Appeal shall be numbered consecutively beginning with the index.  Where a portion of a page of the trial transcript, or a page of an exhibit or document, is to be included in the Record on Appeal, the entire page shall be included.  When a portion of an order, judgment, decision or pleading is to be included in the Record on Appeal, the entire order, judgment, decision or pleading shall be included in the Record, to include the caption and signature(s); provided, however, that the portion of a pleading showing verification or service shall not be included unless relevant to the appeal.  If the original court reporter’s numbering has been deleted, the Record on Appeal shall contain ellipses or other notation indicating when pages of the court reporter’s transcript have been omitted.

Where witness testimony is included in the Record on Appeal, the first page of each witness's direct, cross, redirect and recross examination must show the name of the witness, the phase of examination and the name of the counsel conducting the examination.  If this information is not already reflected on the page, the top of the page shall be annotated with the required information in the following form:  John H. Doe--Direct (Cross) (Redirect) (Recross) Examination by Mr. Smith.

(d) Title.  The title page shall contain the caption as set forth in Rule 267.  Nothing shall be printed on the title page except the caption.

(e) Index.  Every Record on Appeal shall contain an index to the principal matters therein to include orders, judgments, decisions, pleadings, pretrial matters, opening statements, testimony, motions, closing arguments, jury charges, post-trial motions and exhibits.  For witness testimony, the index shall show the pages on which direct, cross, redirect and recross examination begins.

(f) Exhibits.  Photographs, plats and diagrams, and other paper exhibits shall be inserted in the Record on Appeal where they can reasonably be reduced or drawn to a size which permits them to be printed and inserted in the Record on Appeal, without folding more than one time.  Where they are larger, or do not reasonably lend themselves to accurate reproduction, they need not be included in the Record on Appeal, but shall be filed separately.  All exhibits other than paper exhibits must be retained in the trial court and delivered to the appellate court only upon receipt of an order from the clerk of the appellate court.

(g) Certificate of Counsel.  Appellant or his counsel shall certify that the Record on Appeal contains all material proposed to be included by any of the parties and not any other material.

(h) Review Limited to Record on Appeal.  Except as provided by Rule 212 and Rule 208(b)(1)(C) and (2), the appellate court will not consider any fact which does not appear in the Record on Appeal.

Last amended by Order dated January 29, 2009, effective April 29, 2009, by Order of the same date.