An appellate court can only see what the record contains.
Esshaki Legal Media TeamCurrent as of December 2021
The record consists of the pleadings and papers filed, the exhibits admitted,
and the transcript. Anything else is outside it, and arguments resting on
material outside it are disregarded or stricken.
Ordering transcripts. The appellant must order the portions necessary and
serve notice; where a challenge is to the sufficiency of the evidence, the whole
of the relevant testimony is required or the challenge fails.
Missing transcripts. Where no transcript exists, procedures allow a statement
of the evidence reconstructed by the parties and settled by the trial court.
These are cumbersome and worth avoiding by ordering promptly.
Exhibits. Admitted exhibits are part of the record; those merely marked and
refused are included only if an offer of proof was made. Confirm that exhibits
were physically transmitted, because their absence is discovered at the worst
moment.
Sealed material. Confidential portions require a motion and often a
redacted public version. Plan for the additional time.
Appendices. Where the system requires a joint appendix or record excerpts,
selection is strategic: include what the court must read, and do not bury the
key document among hundreds of pages.
Correcting the record. Rules permit correction of omissions or
misstatements by stipulation or motion. Do it before briefing, because a brief
citing material that is not in the record damages credibility that cannot be
rebuilt.