# Ala. R. App. P. 10: Rule 10. The record on appeal

> Alabama · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R10

## Section

- **Citation:** Ala. R. App. P. 10
- **Heading:** Rule 10. The record on appeal
- **Jurisdiction:** Alabama
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Rules of Court / Alabama Rules of Appellate Procedure / Ala. R. App. P. 10

## Text

Alabama Rules of Appellate Procedure

Rule 10.

The record on appeal.

(a)
Omitted Parts of Record. The record on appeal, in both civil and
criminal appeals, shall not contain the following, unless some particular question
is raised with respect thereto and decided in the trial court and unless specifically
designated by a party:

(1)
subpoenas or summons for any witness or the order
therefor, nor for any defendant where there is an appearance for such
defendant;

(2)
motion and order of continuance;

(3)
commission to examine a witness or certificate of a
commissioner to a deposition or affidavit made to obtain such
commission;

(4)
pretrial discovery material that is not made a part of the
trial court's proceedings;

(5)
in criminal cases, the organization of the grand jury that
found the indictment, nor the venire for any grand or petit jury, nor the
organization of regular juries for the week or term at which the case
was tried, nor the order of the court for service of the copy of the venire
or the indictment upon the defendant or the sheriff's return to said order,
unless some question thereto was raised before the trial court;
provided, however, that nothing in this subsection shall be construed
to excuse the court reporter from taking down such parts of the
proceedings;

(6)
juror questionnaires filed with the trial court, which shall
be treated as provided in Rule 18.2(b), Alabama Rules of Criminal
Procedure; and

(7)
electronic transmittals.
unless some question thereto was raised before the trial court;
provided, however, that nothing in this subsection shall be construed
to excuse the court reporter from taking down such parts of the
proceedings;

(6)
juror questionnaires filed with the trial court, which shall
be treated as provided in Rule 18.2(b), Alabama Rules of Criminal
Procedure; and

(7)
electronic transmittals.

(b)
Composition of the Record on Appeal—Civil. The "record on
appeal" in a civil case shall be composed of two parts, one known as the clerk's

record and the other known as the reporter's transcript. The parties have the right,
under (1) below, to a designated clerk's record, assembled pursuant to Rule
11(a)(1). The parties have the right, under (2) below, to a designated transcript of
the evidence, assembled pursuant to Rule 11(a)(2). The clerk shall combine both
parts, clerk's record and reporter's transcript, into a single record on appeal for
transmittal to the appropriate appellate court, pursuant to Rule 11(a)(3).

In the event that there is no reporter's transcript or the appellant decides not
to order a transcript, then the appellant shall so indicate by checking the
appropriate space on Form 1, Notice of Appeal to the (Supreme) Court (of Civil
Appeals) of Alabama, or so indicate on whatever notice of appeal form is used.

The record on appeal shall be on letter-size pages (8½ inches by 11 inches),
composed of a copy of the clerk's record and the original of the reporter's transcript
and separated into volumes not to exceed 200 pages each, with the pages of each
of the two parts numbered consecutively on each page, pursuant to Rule 11(a)(3).
If an e-record is prepared, it shall be saved in PDF format with a resolution of 200
DPI or higher
e on letter-size pages (8½ inches by 11 inches),
composed of a copy of the clerk's record and the original of the reporter's transcript
and separated into volumes not to exceed 200 pages each, with the pages of each
of the two parts numbered consecutively on each page, pursuant to Rule 11(a)(3).
If an e-record is prepared, it shall be saved in PDF format with a resolution of 200
DPI or higher. If a paper record is prepared, each volume shall be bound at the left
side, and all clasps and staples used to bind the record on appeal shall be covered
by tape so as to prevent any injury to those handling the record, and any other
fastener that may cause injury shall likewise be covered with tape.

(1)
Clerk's Record. The clerk's record shall consist of such
copies as the parties may designate of the original documents, written
charges, papers, including but not limited to docket entries, minute
entries, and exhibits (see Rule 11(e)) on file in the trial court clerk's
office, plus the indices prepared in accordance with Rule 11(a)(1), and
a copy of the written designations of the clerk's record.

The clerk's record shall be on letter-size pages, with pages
numbered consecutively, a page number being on each page.

A party shall have the right to designate any parts or all of such
papers, written charges, documents, exhibits, etc., by a written
designation filed with the clerk of the trial court. However, if all of such
records are designated, there shall, nevertheless, be omitted
therefrom those items listed in (a), unless such item or items are
specifically described in the written designation.

The appellant shall, within 7 days (1 week) after filing the
notice of appeal, order and file with the clerk of the trial court and
serve on the appellee a written designation, which shall contain
either a description of the parts of the clerk's records that the
appellant intends to present on appeal or a designation of all of such
ms are
specifically described in the written designation.

The appellant shall, within 7 days (1 week) after filing the
notice of appeal, order and file with the clerk of the trial court and
serve on the appellee a written designation, which shall contain
either a description of the parts of the clerk's records that the
appellant intends to present on appeal or a designation of all of such

records. If less than all of the proceedings are designated, in addition
thereto the appellant shall serve on the appellee a statement of the
issues the appellant intends to present on appeal. If the appellee
deems other parts of the papers, written charges, documents,
exhibits, etc., to be necessary, the appellee shall, within 7 days (1
week) after service of the designation of the appellant, file with the
clerk of the trial court and serve on the appellant a designation of
additional parts to be included or a recital that all of such records are
to be included. If the appellant refuses to order such parts or the
entire clerk's file, the appellee may either order the parts or apply to
the trial court for an order requiring the appellant to do so. At the time
of ordering, a party shall make satisfactory arrangements with the
clerk for the payment of costs of copying the clerk's record.

Designated original photographs which were offered or
admitted as exhibits shall be placed on pages in the clerk's record by
a suitable attachment or cohesive method. Designated documents
incapable of being legibly or otherwise copied or scanned, including
those of unusual weight or bulk, and physical exhibits shall be made
a part of the clerk's record by reference but placed in a suitable
separate container for transmittal to the appellate court.
itted as exhibits shall be placed on pages in the clerk's record by
a suitable attachment or cohesive method. Designated documents
incapable of being legibly or otherwise copied or scanned, including
those of unusual weight or bulk, and physical exhibits shall be made
a part of the clerk's record by reference but placed in a suitable
separate container for transmittal to the appellate court.

(2) Reporter's Transcript. The reporter's transcript shall
consist of the typewritten original of the transcript of the proceedings
containing such parts of the proceedings as are designated, plus a
copy of the transcript purchase order, and an index.

The reporter's transcript shall be on letter-size pages, with
pages numbered consecutively, a page number being on each page.

The parties may designate parts or all of the proceedings as
they deem necessary for inclusion in the reporter's transcript. If the
appellant urges on appeal that a finding or conclusion is unsupported
by the evidence or is contrary to the evidence, the appellant shall
include in the reporter's transcript all evidence relevant to such
finding or conclusion.

The appellant shall, within 7 days (1 week) after filing the
notice of appeal, pay the court reporter the estimated cost of the
reporter's transcript and complete and file Part I of Form 1A,
Transcript Purchase Order of Appellant–Civil, and distribute copies
of the form as indicated on the form. If less than all the proceedings
are designated, the appellant shall attach a statement of the issues
the appellant intends to present on appeal to page 5 of Form 1A,
f appeal, pay the court reporter the estimated cost of the
reporter's transcript and complete and file Part I of Form 1A,
Transcript Purchase Order of Appellant–Civil, and distribute copies
of the form as indicated on the form. If less than all the proceedings
are designated, the appellant shall attach a statement of the issues
the appellant intends to present on appeal to page 5 of Form 1A,

Transcript Purchase Order of Appellant–Civil, and distribute the
copies as indicated on the form. On the date the transcript purchase
order is received by the court reporter, the court reporter shall
complete Part II of the form and distribute the copies of the form as
indicated on the form. On the date the transcript is filed in the trial
court, the court reporter shall complete Part III of Form 1A, Transcript
Purchase Order of Appellant–Civil, and distribute the copies of the
form as indicated on the form.

Once the court reporter has certified on Part II of Form 1A,
Transcript Purchase Order of Appellant–Civil, that the court reporter
has been paid the estimated cost of the reporter's transcript, the court
reporter shall complete the transcript, within the time designated by
these rules.

If the appellee deems that other parts of the proceedings
should be included or that the entire proceeding should appear in the
reporter's transcript, the appellee shall, within 7 days (1 week) after
receipt of the transcript purchase order, pay the court reporter the
estimated cost of transcribing that part of the proceedings the
appellee has deemed necessary to be included in the record, and
complete and file Part I of Form 1B, Transcript Purchase Order of
Appellee–Civil, and distribute copies of the form as indicated on the
form. On the date the transcript purchase order is received by the
court reporter from the appellee, the court reporter shall complete
Part II of the form and distribute copies of the form as indicated on
the form
necessary to be included in the record, and
complete and file Part I of Form 1B, Transcript Purchase Order of
Appellee–Civil, and distribute copies of the form as indicated on the
form. On the date the transcript purchase order is received by the
court reporter from the appellee, the court reporter shall complete
Part II of the form and distribute copies of the form as indicated on
the form. If the appellant did not order any part of the transcript, then
on the date the transcript is filed in the trial court, the court reporter
shall complete Part III of Form 1B, Transcript Purchase Order of
Appellee–Civil, and distribute the copies of the form as indicated on
the form.

Once the court reporter has certified on Part II of Form 1B,
Transcript Purchase Order of Appellee–Civil, that the court reporter
has been paid the estimated cost of transcribing that part of the
proceedings the appellee has deemed necessary to be included in
the record, the court reporter shall complete that part of the transcript
within the time designated by these rules.

At any time, the appellee may apply to the trial court for an
order requiring the appellant to reimburse the appellee for any or all
of the payment for the transcript order made to the court reporter by
the appellee.

(c) Composition of the Record on Appeal—Criminal. The "record on
appeal" in a criminal case shall be composed of two parts, one known as the clerk's
record and the other known as the reporter's transcript. The record on appeal shall
be on letter-size pages (8½ inches x 11 inches), separated into volumes not to
exceed 200 pages each. The clerk's portion of the record on appeal shall appear
first, with the pages numbered consecutively on each page, beginning with the
number one. The reporter's transcript of the proceedings shall follow the clerk's
record and shall be numbered consecutively on each page, beginning with the
number one
er-size pages (8½ inches x 11 inches), separated into volumes not to
exceed 200 pages each. The clerk's portion of the record on appeal shall appear
first, with the pages numbered consecutively on each page, beginning with the
number one. The reporter's transcript of the proceedings shall follow the clerk's
record and shall be numbered consecutively on each page, beginning with the
number one.

If an e-record is prepared, it shall be saved in PDF format with a resolution
of 200 DPI or higher. If a paper record is prepared, each volume shall be bound at
the left side, and all clasps and staples used to bind the record on appeal shall be
covered by tape so as to prevent any injury to those handling the record, and any
other fastener that may cause injury shall likewise be covered with tape.

(1)
Clerk's Record. The clerk's portion of the record, with
the exception of those items listed in subdivision (a) of this rule
(unless those items listed in subsubdivisions (a)(1) through (5) are
specifically designated in writing by the parties at the time written
notice of appeal is filed, or if notice of appeal is given orally, within 7
days (1 week) after oral notice of appeal is given) shall include copies
of the case action summary sheet(s), papers, documents, written
charges, and exhibits, etc., in the case unless such papers,
documents, and exhibits, etc., are incapable of being legibly copied
or scanned. The originals of papers, documents, and exhibits that
are incapable of being legibly copied or scanned, including those of
unusual weight and bulk, shall be made a part of the record on appeal
by reference, and shall be retained in the office of the clerk of the trial
court. No original papers, documents, or exhibits, and no juror
questionnaires shall be included in the clerk's record unless ordered
by the Court of Criminal Appeals, in which event any originals filed in
that court shall be returned to the clerk of the trial court upon final
disposition of the appeal
cord on appeal
by reference, and shall be retained in the office of the clerk of the trial
court. No original papers, documents, or exhibits, and no juror
questionnaires shall be included in the clerk's record unless ordered
by the Court of Criminal Appeals, in which event any originals filed in
that court shall be returned to the clerk of the trial court upon final
disposition of the appeal. The original reporter's transcript of the
proceedings and the clerk's record, plus indexes of those documents
and exhibits that are included and those that are made a part of the
record on appeal by reference only, shall be combined as provided
in this rule to make the record on appeal. The clerk's record shall also
include a certification that all documents and exhibits that are made
a part of the record on appeal by reference only are available upon
order of the appellate court. If original papers, documents, and
exhibits, etc., are ordered by the appellate court, they shall be
attached to pages in the clerk's supplemental record by suitable
attachment or cohesive method unless the originals are incapable of

being suitably attached, in which event they shall be properly
identified and placed in a suitable separate container for transmittal
to the appellate court.

(2)
Reporter's Transcript. The reporter's transcript shall
contain the typewritten original transcript of all proceedings in the
case specifically designated on Form 1C, Reporter's Transcript
Order–Criminal; provided, however, that those items listed in
subdivision (a) of this rule shall not be designated for inclusion in the
reporter's transcript unless some question regarding those items was
raised before the trial court. An index of the exhibits and testimony of
the witnesses, plus a copy of the reporter's transcript order, shall be
included at the beginning of the reporter's transcript
minal; provided, however, that those items listed in
subdivision (a) of this rule shall not be designated for inclusion in the
reporter's transcript unless some question regarding those items was
raised before the trial court. An index of the exhibits and testimony of
the witnesses, plus a copy of the reporter's transcript order, shall be
included at the beginning of the reporter's transcript.

Unless a stipulation of facts is available or the parties stipulate
that only questions of law are involved and the trial court certifies the
questions, Form 1C, Reporter's Transcript Order– Criminal, shall be
completed by the appellant and shall be filed with the clerk of the trial
court at the time the written notice of appeal is filed. If notice of appeal
is given orally, the Reporter's Transcript Order–Criminal shall be filed
within 7 days (1 week) after the oral notice of appeal is given. On the
same date the transcript order is filed with the clerk of the trial court,
the appellant shall mail or electronically transmit copies of the form
to the clerk of the Court of Criminal Appeals, the district attorney, the
attorney general, and each court reporter who reported proceedings
designated for inclusion in the reporter's transcript. Unless the
defendant has previously been adjudged indigent in the matter
appealed or is permitted to proceed on appeal as an indigent, the
appellant shall certify on the transcript order that satisfactory financial
arrangements have been made with each court reporter responsible
for preparing a portion of the reporter's transcript.

The appellant will not be permitted to raise any issue on
appeal relating to any proceedings in the case that are not
specifically designated in the transcript order unless those
proceedings were not required by law or rule to be designated;
provided, however, that a designation of the "trial proceedings" on
the reporter's transcript order shall be deemed to include the
judgment and sentence proceedings in the case
e permitted to raise any issue on
appeal relating to any proceedings in the case that are not
specifically designated in the transcript order unless those
proceedings were not required by law or rule to be designated;
provided, however, that a designation of the "trial proceedings" on
the reporter's transcript order shall be deemed to include the
judgment and sentence proceedings in the case. All other
proceedings that are requested must be separately requested on the
reporter's transcript order.

The reporter's transcript order may, without leave of the Court
of Criminal Appeals, be (1) amended to include additional

proceedings or (2) filed after the time provided in this rule has
expired, provided that the form is accompanied by a certification that
the appellant has consulted the court reporter(s) affected and has
been assured that preparation of a transcript of the designated
proceeding(s) can and will be completed and filed with the clerk of
the trial court within the time provided in these rules or within any
extension in effect at the time the form is filed. A copy of the
certification shall be served by the appellant on all persons entitled
to service of a copy of the reporter's transcript order.

If the certification referred to herein cannot be made, leave to
amend the reporter's transcript order or to file the reporter's transcript
order late may be granted by the Court of Criminal Appeals for good
cause shown upon motion by the appellant; provided, however, that
permission shall not be granted unless the appellant certifies in the
motion that the appellant has consulted the court reporter(s) affected
and has been assured that the proceedings requested can be
completed and filed within a specified number of days from the
granting of the motion
by the Court of Criminal Appeals for good
cause shown upon motion by the appellant; provided, however, that
permission shall not be granted unless the appellant certifies in the
motion that the appellant has consulted the court reporter(s) affected
and has been assured that the proceedings requested can be
completed and filed within a specified number of days from the
granting of the motion.

On the date the reporter's transcript order is received, any
court reporter who has not received satisfactory financial
arrangements for preparation of his or her portion of the reporter's
transcript shall complete Form 1D, Notice of Insufficient Financial
Arrangements (Criminal), and shall file the original with the clerk of
the Court of Criminal Appeals and serve copies on the appellant and
the attorney general; provided, however, that Form 1D shall not be
filed in an appeal from any proceeding in which the appellant
proceeded at trial as an indigent or has been granted permission to
proceed on appeal in forma pauperis as provided in Rule 24,
because financial arrangements with the court reporter are not
required in these instances. The Notice of Insufficient Financial
Arrangements (Criminal) shall state the date the original was
forwarded to the clerk of the Court of Criminal Appeals. Within 14
days (2 weeks) after the notice is forwarded to the clerk of the Court
of Criminal Appeals, the appellant shall file an affidavit with the clerk
of the Court of Criminal Appeals stating that the court reporter(s)
has/have been paid for preparing the transcript or an affidavit of the
court reporter stating that adequate financial arrangements have
been made. If one of the required affidavits is not filed with the clerk
of the Court of Criminal Appeals within the required time, then the
appeal shall be dismissed and will not be reinstated absent good
cause shown.
s stating that the court reporter(s)
has/have been paid for preparing the transcript or an affidavit of the
court reporter stating that adequate financial arrangements have
been made. If one of the required affidavits is not filed with the clerk
of the Court of Criminal Appeals within the required time, then the
appeal shall be dismissed and will not be reinstated absent good
cause shown.

In all cases in which the appellant proceeded in the trial court
as an indigent and in all cases in which the court reporter has not
filed a Notice of Insufficient Financial Arrangements (Criminal) after
receipt of the reporter's transcript order, the court reporter shall
complete his or her portion of the reporter's transcript within the time
designated by these rules or within any extension that has been
granted. The fact that an appellant is not granted permission to
proceed as an indigent until after the appeal is filed does not affect
the time prescribed in these rules for completion of the reporter's
transcript.

(d)
Statement of the Evidence or Proceedings When No Report Was
Made or When a Transcript Is Unavailable. If no report of the evidence or
proceedings at a hearing or trial was made, or if a transcript is unavailable, the
appellant may prepare a statement of the evidence or proceedings from the best
available means, including the appellant's recollection. If the appellant prepares
such a statement, the appellant shall serve it on the appellee within 28 days (4
weeks) after filing the notice of appeal; the appellee, within 14 days (2 weeks) after
service, may serve on the appellant objections or proposed amendments to the
statement. If the appellee serves no objection or proposed amendments, then,
within 21 days (3 weeks) after the statement was served on the appellee, the
appellant shall file the statement with the trial court for approval
days (4
weeks) after filing the notice of appeal; the appellee, within 14 days (2 weeks) after
service, may serve on the appellant objections or proposed amendments to the
statement. If the appellee serves no objection or proposed amendments, then,
within 21 days (3 weeks) after the statement was served on the appellee, the
appellant shall file the statement with the trial court for approval. If the appellee
serves on the appellant any objections or proposed amendments, then, within 7
days (1 week) after service, the appellant shall file the statement and any
objections or proposed amendments with the trial court for settlement and
approval. Within 21 days (3 weeks) after the filing, the trial court shall rule, settling
any questions regarding the objections and proposed amendments, and issuing
an approved statement of the evidence or proceedings. The statement, either as
approved by the court or as issued by the court after its ruling, shall be filed with
the clerk of the trial court, who shall include it in the record on appeal.

(e)
Agreed Statement as the Record on Appeal. In lieu of the record
on appeal as defined in subdivision (a) of this rule, the parties may prepare and
sign a statement of the case showing how the issues presented by the appeal
arose and how they were decided in the trial court and setting forth only so many
of the facts averred and proved or sought to be proved as are essential to a
decision of the issues presented. If the statement conforms to the truth, it, together
with such additions as the court may consider necessary to present fully the issues
raised by the appeal, shall be approved by the trial court and shall then be certified
to the appellate court to which the appeal is taken as the record on appeal, and it
shall be transmitted thereto by the clerk of the trial court within the time provided
by Rule 11.
ement conforms to the truth, it, together
with such additions as the court may consider necessary to present fully the issues
raised by the appeal, shall be approved by the trial court and shall then be certified
to the appellate court to which the appeal is taken as the record on appeal, and it
shall be transmitted thereto by the clerk of the trial court within the time provided
by Rule 11.

(f)
Supplementing or Correcting the Record—Civil. If admitted or
offered evidence that is material to any issue on appeal is omitted from the record
after being designated for inclusion as required in Rule 10(b), or if any question
arises as to whether the record correctly reflects what occurred in the trial court
and the parties cannot stipulate what action should be taken to supplement or
correct the record, the appellant or the appellee may file with the trial court a motion
to supplement or correct the record on appeal; provided that, if a party is seeking
to have included in the record a transcript of proceedings that was omitted from
the reporter's transcript, the party must file with the motion copies of the transcript
purchase order as proof that the omitted portions were originally requested as
required by Rule 10(b). Any party filing a motion with the trial court pursuant to this
rule shall file a copy of the motion with the clerk of the appellate court and shall
serve a copy on the appropriate court reporter, if the reporter's transcript is to be
supplemented or corrected, and on all other parties. Within 14 days (2 weeks) after
the filing of a motion pursuant to this rule or after the parties have stipulated as to
what action should be taken, the trial court shall enter such orders as are
necessary to ensure that the record is complete and that it conforms to the truth.
Failure by the trial court to rule on any motion filed in accordance with this rule
within that 14-day (2-week) period shall constitute a denial of the motion as of the
date of the expiration of the period
parties have stipulated as to
what action should be taken, the trial court shall enter such orders as are
necessary to ensure that the record is complete and that it conforms to the truth.
Failure by the trial court to rule on any motion filed in accordance with this rule
within that 14-day (2-week) period shall constitute a denial of the motion as of the
date of the expiration of the period.

Any dissatisfied party may, within 7 days (1 week) after the entry of an order
on a motion to supplement or correct the record, or, if no order is entered, within 7
days (1 week) of the expiration of the 14-day (2-week) period provided in this rule
for entry of an order by the trial court, seek appropriate relief in the appellate court.

The appellate court may, on the motion of a party or on its own initiative,
order that a supplemental or corrected record be certified and transmitted to the
appellate court if necessary to correct an omission or misstatement; provided that,
if the party is seeking to have included a transcript of proceedings that was omitted
from the reporter's transcript, the party must file with the motion copies of the
transcript purchase order as proof that the omitted portions were originally
requested as required by Rule 10(b).

Every order of the trial court or appellate court directing that the record on
appeal be supplemented or corrected shall be filed with the clerk of the court
entering the order, who shall forthwith serve a copy of the order on each party, on
the clerk of the other court involved, and, if the order requires that the reporter's
transcript of the proceedings be supplemented or corrected, on the appropriate
court reporter.
rt or appellate court directing that the record on
appeal be supplemented or corrected shall be filed with the clerk of the court
entering the order, who shall forthwith serve a copy of the order on each party, on
the clerk of the other court involved, and, if the order requires that the reporter's
transcript of the proceedings be supplemented or corrected, on the appropriate
court reporter.

(1)
Briefs. Where relief is sought pursuant to this rule, the
running of the time for filing briefs is not suspended. A party may,
however, move the appellate court to suspend the time for filing

briefs. Such a motion must clearly indicate each and every document
and/or transcript that has been omitted from the record on appeal
and its relevance to the appeal.

(2)
Supplemental Records. The provisions of these rules
relating to the assembling and filing of the original record on appeal
shall apply to any supplemental or corrected records required to be
prepared under this rule, except that the court reporter's
supplemental or corrected transcript shall be filed with the clerk of
the trial court within 7 days (1 week) from the date the order relating
thereto is filed with the clerk of the trial court, and the clerk of the trial
court shall file the supplemental or corrected record on appeal with
the appellate court within 7 days (1 week) from receipt of the
reporter's transcript, or if there is no reporter's transcript, within 7
days (1 week) from the filing in the trial court of the order of the trial
court or appellate court directing that the record on appeal be
supplemented or corrected
d the clerk of the trial
court shall file the supplemental or corrected record on appeal with
the appellate court within 7 days (1 week) from receipt of the
reporter's transcript, or if there is no reporter's transcript, within 7
days (1 week) from the filing in the trial court of the order of the trial
court or appellate court directing that the record on appeal be
supplemented or corrected. The trial court may grant to either the
clerk of the trial court or the court reporter an extension of time of 7
days (1 week) to complete either the clerk's supplemental or
corrected record or the reporter's supplemental or corrected
transcript, but in no event to a date later than 21 days (3 weeks) from
the filing in the trial court of the order directing that the record on
appeal be supplemented or corrected.

(g)
Supplementing or Correcting the Record—Criminal. If admitted
or offered evidence that is material to any issue on appeal is omitted from the
record, or if any question arises as to whether the record correctly reflects what
occurred in the trial court and the parties cannot stipulate as to what action should
be taken to supplement or correct the record, the appellant may, within 14
days (2 weeks) after the date shown on the copy of the certificate of
completion of the record on appeal, file a motion with the clerk of the trial court to
supplement or correct the record on appeal; provided that, if the appellant is
seeking to have included a transcript of proceedings that was omitted from the
reporter's transcript, the appellant must file with the motion copies of the reporter's
transcript order as proof that the omitted portions were originally requested as
required by Rule 10(c). The appellee may file a motion to supplement or correct
the record on appeal within 14 days (2 weeks) after the filing of the appellant's
brief
uded a transcript of proceedings that was omitted from the
reporter's transcript, the appellant must file with the motion copies of the reporter's
transcript order as proof that the omitted portions were originally requested as
required by Rule 10(c). The appellee may file a motion to supplement or correct
the record on appeal within 14 days (2 weeks) after the filing of the appellant's
brief. Any party filing a motion with the trial court pursuant to this rule shall serve a
copy of the motion on the clerk of the appellate court and on all other parties, which
copy shall state thereon the date on which the motion was filed with the clerk of
the trial court. If the reporter's transcript is to be corrected or supplemented, the
party filing the motion shall also serve a copy of the motion on the appropriate court
reporter(s). If the appellant is seeking to have the reporter's transcript
supplemented, the copy of the motion served on the clerk of the appellate court

shall be accompanied by a copy of the reporter's transcript order. Within 14 days
(2 weeks) after the filing of a motion pursuant to this rule or of a stipulation by the
parties, the trial court shall enter such orders as are necessary to ensure that the
record is complete and that it conforms to the truth.

All orders of the trial court disposing of motions under this rule shall be filed
with the clerk of the trial court within 14 days (2 weeks) from the filing of such
motions, and the clerk of the trial court shall forthwith serve a copy thereof on each
party, on the clerk of the appellate court in which the appeal is pending, and on
each court reporter who is affected by the order. Failure by the trial court to rule on
a motion, except a motion to supplement the reporter's transcript, filed in
accordance with this rule within the time period permitted hereunder, shall
constitute a denial of the motion as of the date of the expiration of the 14-day
(2week) period
the appellate court in which the appeal is pending, and on
each court reporter who is affected by the order. Failure by the trial court to rule on
a motion, except a motion to supplement the reporter's transcript, filed in
accordance with this rule within the time period permitted hereunder, shall
constitute a denial of the motion as of the date of the expiration of the 14-day
(2week) period. If any properly filed motion to supplement the reporter's transcript
is not denied by the trial court within the 14 days (2 weeks) permitted for disposition
hereunder, such motion shall be deemed granted as of the date of the expiration
of the period.

Any dissatisfied party may, within 7 days (1 week) after entry of an order
denying a motion under this rule, or, if no order is entered within 7 days (1 week)
of the expiration of the 14-day (2-week) period provided in this rule for entry of an
order by the trial court, seek appropriate relief in the appellate court.

The appellate court may, on motion of a party or on its own initiative, order
that a supplemental or corrected record be certified and transmitted to the appellate
court if necessary to correct an omission or misstatement; provided that, if the
appellant is seeking to have included a transcript of proceedings that was omitted
from the reporter's transcript, the appellant must file with his or her motion in the
appellate court copies of the reporter's transcript order as proof that the omitted
portions were originally requested as required by Rule 10(c).
court if necessary to correct an omission or misstatement; provided that, if the
appellant is seeking to have included a transcript of proceedings that was omitted
from the reporter's transcript, the appellant must file with his or her motion in the
appellate court copies of the reporter's transcript order as proof that the omitted
portions were originally requested as required by Rule 10(c).

(1)
Briefs. The running of the time for filing briefs pursuant
to Rule 31 shall be suspended upon the filing of a motion with the
clerk of the trial court pursuant to this rule, until the date the motion
is denied. If the motion is granted, the running of the time for filing
briefs shall be suspended until the record on appeal is corrected or
supplemented and filed in accordance with subsection (2) of this
subdivision. Where relief is sought from the action of the trial court,
the appellate court, on motion of a party, may suspend the running
of the time for filing briefs until a time certain to be determined by the
appellate court if the court concludes that such action is necessary
and justified because of an incomplete or incorrect record on appeal,
but in the absence of an order of the appellate court suspending the
running of the time, the running of the time is not suspended.

(2)
Supplemental Records. The provisions of these rules
relating to the assembly and filing of the original record on appeal
shall apply to any supplemental or corrected records required to be
prepared under this rule, except that the court reporter's
supplemental transcript shall be filed with the clerk of the trial court
within 21 days (3 weeks) from the filing of the motion to supplement
unless the motion is denied by the trial court within the 14-day
(2week) period from the filing of the motion
ecord on appeal
shall apply to any supplemental or corrected records required to be
prepared under this rule, except that the court reporter's
supplemental transcript shall be filed with the clerk of the trial court
within 21 days (3 weeks) from the filing of the motion to supplement
unless the motion is denied by the trial court within the 14-day
(2week) period from the filing of the motion. The court reporter's
corrected transcript shall be filed with the clerk of the trial court within
7 days (1 week) from the date the order relating thereto is filed with
the clerk of the trial court, and the clerk of the trial court shall file the
amended or corrected record on appeal with the appellate court
within 7 days (1 week) from receipt of the reporter's transcript, or, if
there is no reporter's transcript, within 21 days (3 weeks) from the
filing in the trial court of the order of the trial court or the appellate
court directing that the record on appeal be supplemented or
corrected.

The trial court may grant to either the clerk of the trial court or
the court reporter an extension of time of 7 days (1 week) to complete
either the clerk's supplemental or corrected record or the reporter's
supplemental or corrected transcript, respectively, but in no event to
a date later than 35 days (5 weeks) from the filing of the motion to
supplement or correct the record.

[Amended 10-14-76, eff. 1-16-77; Amended 10-2-78; Amended 5-4-81; Amended
2-9-82; Amended 8-1-86, eff. 10-6-86; Amended 8-27-91, eff. 10-1-91; Amended
11-17-93, eff. 2-1-94; Amended 11-19-96, eff. 1-1-97; Amended eff. 8-1-2000;
Amended eff. 10-10-2001; Amended eff. 10-31-2005; Amended 3-7-2024.]

Committee Comments to Amendments
Effective October 6, 1986

Rule 10 works a substantial change in the form of the record on appeal from
former Alabama practice
Amended
2-9-82; Amended 8-1-86, eff. 10-6-86; Amended 8-27-91, eff. 10-1-91; Amended
11-17-93, eff. 2-1-94; Amended 11-19-96, eff. 1-1-97; Amended eff. 8-1-2000;
Amended eff. 10-10-2001; Amended eff. 10-31-2005; Amended 3-7-2024.]

Committee Comments to Amendments
Effective October 6, 1986

Rule 10 works a substantial change in the form of the record on appeal from
former Alabama practice. The record on appeal shall be composed of photocopies
of the original papers, and exhibits, filed in the trial court, along with the docket and
minute entries, together with the transcript of the proceedings, as the parties may
designate. The record on appeal also includes the indices prepared by the trial
clerk and the court reporter in accordance with Rule 11(a)(1) and (2) and a
photocopy of the parties’ written designations of the clerk’s record and reporter’s
transcript.

The rule encourages designation of material matters, rather than wholesale
inclusion of immaterial matter on the appeal. The rule eliminates certain
nonessential papers in the trial court unless some question is raised thereon. There
will be no formal transcript of the record as has been known to the former Alabama
practice, under the provisions of this Rule 10 constituting the record and Rule 30
providing for an appendix to the briefs.

Subdivisions (a) and (b) permit the parties to designate those matters in the
clerk’s record and in the transcript of evidence which are to be included with the
record. See Form 1 for appellant’s designations; see Forms 3 and 3A for appellee’s
designations. Since each party has the option to include such matters as he deems
relevant and appropriate, this rule will abolish the existing presumption that if there
is an omission from the record of any matter essential to a decision of any question
presented on appeal, the ruling of the trial court will be deemed correct. Thus such
cases as Melton v. Melton, 288 Ala. 452, 261 So.2d 887 and Davis v
ns. Since each party has the option to include such matters as he deems
relevant and appropriate, this rule will abolish the existing presumption that if there
is an omission from the record of any matter essential to a decision of any question
presented on appeal, the ruling of the trial court will be deemed correct. Thus such
cases as Melton v. Melton, 288 Ala. 452, 261 So.2d 887 and Davis v. City Federal
Savings & Loan Association, 288 Ala. 236, 259 So.2d 262 are superseded.

This rule deals with the composition of the record on appeal. Rule 11 sets
forth the mechanics for assembling the record on appeal.

Subdivision (d) replaces the prior procedure which operates in courts where
there is no court reporter, such as the Probate Court.

A different provision as to the composition of the record on appeal is made
with reference to criminal cases. The general rule is that there will be no
designation of the record in criminal appeals. This change was necessary because
of the division of authority between the offices of the local district attorneys and the
office of the Attorney General and the consequent separation of the appellate
responsibility from that of the person handling the trial. It was also felt to be
necessary in light of the Court of Criminal Appeals’ rule requiring it to search the
record for error. There is, however, a provision which operates with the express
consent of all parties, including the appellant himself, to allow shortening of the
record. It is thought that such an express agreement will eliminate any problem
with the “search the record” rule, or with due process.

Subdivision (f) permitting completion or correction of a record replaces the
provisions of former Supreme Court Rule 18 governing certiorari to perfect a
record.

These amendments changed the size of paper used by the clerk and
reporter from legal-size to letter-size.

Court Comment to Amendments
Effective October 1, 1991
problem
with the “search the record” rule, or with due process.

Subdivision (f) permitting completion or correction of a record replaces the
provisions of former Supreme Court Rule 18 governing certiorari to perfect a
record.

These amendments changed the size of paper used by the clerk and
reporter from legal-size to letter-size.

Court Comment to Amendments
Effective October 1, 1991

Rule 10(b) was amended to provide that the appellant inform the appellate
court in the notice of appeal that there is no reporter’s transcript or that the
appellant has decided against ordering a reporter’s transcript. This indication is
required, without regard to the type of notice of appeal form used. A second
modification inserted the words “of each of the two parts,” to encourage
standardization in the numbering of pages in the clerk’s record and the reporter’s
transcript; “CR” and “RT” are removed from the page numbering.

Rule 10(b)(2) was modified to require the use of transcript purchase order
forms; this modification simplifies all transactions involving reporter transcripts.

Rule 10(c) was also amended in part to require the use and timely filing of
a transcript purchase order form and to require that adequate financial
arrangements with each court reporter be made within a specified time, unless the
defendant is proceeding as an indigent. This latter requirement must be met within
the time prescribed in the rule, even if the appellant has a pending motion in the
trial court for leave to proceed in forma pauperis.

Rule 10(e) was modified to omit references to the appendix system.

Rule 10(f) is entirely rewritten, now setting forth deadlines. Rule 10(f) also
provides that a 10(f) motion in civil cases not ruled upon within 14 days is deemed
denied.

The new Rule 10(g) was inserted to govern the supplementation and
correction of the record in criminal cases. The rule deems granted a properly filed
motion to supplement the reporter’s transcript if not ruled upon within 14 days
(f) is entirely rewritten, now setting forth deadlines. Rule 10(f) also
provides that a 10(f) motion in civil cases not ruled upon within 14 days is deemed
denied.

The new Rule 10(g) was inserted to govern the supplementation and
correction of the record in criminal cases. The rule deems granted a properly filed
motion to supplement the reporter’s transcript if not ruled upon within 14 days.
Motions to correct the record on appeal or supplement the clerk’s portion of the
record on appeal are deemed denied if not ruled upon within 14 days.

Committee Comments to Amendment to Rule 10(d)
Effective February 1, 1994

This amendment significantly altered the existing rule in order to provide
deadlines for certain actions, including a 21-day period for the trial court to settle
disputes and to file an approved statement with the clerk.

Court Comment to Amendments to Rules 10(b)(1), 10(b)(2), and 10(c)(2)
Effective January 1, 1997

The amendments to Rules 10(b)(1), 10(b)(2), and 10(c)(2) remove gender
specific pronouns.

Committee Comment to Amendment to Rule 10(f)
Effective September 1, 2000

This amendment deletes the requirement in civil cases that a motion to
supplement or to correct the record on appeal be filed within 14 days (2 weeks)
after the completion of the record on appeal or, if the appellee is filing the motion,
within 14 days (2 weeks) after the filing of the appellant’s brief. The motion to
supplement or to correct the record must be filed within a reasonable time.

Rule 28(e) requires that references in the brief to the record on appeal shall
be to the appropriate page numbers in the record on appeal
(2 weeks)
after the completion of the record on appeal or, if the appellee is filing the motion,
within 14 days (2 weeks) after the filing of the appellant’s brief. The motion to
supplement or to correct the record must be filed within a reasonable time.

Rule 28(e) requires that references in the brief to the record on appeal shall
be to the appropriate page numbers in the record on appeal. In those instances in
which a party has requested an extension of time in which to file a brief pending a
ruling on a motion to supplement or to correct the record and the appellate court
has denied the motion, the party can indicate in its brief, by footnote or otherwise,
that a motion to supplement is pending and that the brief will be amended to include
the references once the motion is ruled upon.

Court Comment to Amendments to Rules 10(a) and 10(c)(1) Effective
August 1, 2002.

The amendments to Rules 10(a) and 10(c)(1) are intended to provide
instruction for the inclusion of juror questionnaires in the record on appeal in
criminal matters and for the disposition of those questionnaires. See also Rule
18.2, Alabama Rules of Criminal Procedure.

Court Comment to Amendment to Rule 10(b) and Rule 10(c)
Effective October 31, 2005

The amendment to Rule 10(b) and Rule 10(c) omits the requirement that
the pages of the record on appeal and the transcript be numbered in the upper
right corner of each page. Each page must still be numbered, but the placement of
the page number is discretionary.

Committee Comments to Amendment of Rule 10
Effective March 7, 2024

Rule 10 has been updated to reflect that most appellate records are now
compiled and filed electronically.
requirement that
the pages of the record on appeal and the transcript be numbered in the upper
right corner of each page. Each page must still be numbered, but the placement of
the page number is discretionary.

Committee Comments to Amendment of Rule 10
Effective March 7, 2024

Rule 10 has been updated to reflect that most appellate records are now
compiled and filed electronically.

Note from the reporter of decisions: The order amending Rule 10(f),
effective September 1, 2000, is published in that volume of Alabama Reporter that
contains Alabama cases from 753 So.2d.

Note from the reporter of decisions: The order amending Rule 10(a) and
Rule 10(c)(1), effective August 1, 2002, is published in that volume of Alabama
Reporter that contains Alabama cases from 810 So.2d.

Note from the reporter of decisions: The order amending Rule 10(b), Rule
10(c), Rule 28, Rule 32(a), and Rule 32(b), and adopting Rule 39(c)(3) and the
Court Comment to Rule 10(b) and Rule 10(c), effective October 31, 2005, is
published in that volume of Alabama Reporter that contains Alabama cases from
914 So.2d.

Note from the reporter of decisions: The order amending Rule 10,
Rule 11, Rule 21(a)(1)(F), and Rule 44, Alabama Rules of Appellate
Procedure, and adopting the Committee Comments to the amendments of
Rule 10, Rule 11, and Rule 44, effective March 7, 2024, is published in that
volume of Alabama Reporter that contains Alabama cases from __ So. 3d.

## Nearby sections

- [Ala. R. App. P. 1 Rule 1. Scope of rules](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R1.md)
- [Ala. R. App. P. 2 Rule 2. Penalties for noncompliance with these rules; suspension of rules](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R2.md)
- [Ala. R. App. P. 3 Rule 3. Appeal as of right - How taken](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R3.md)
- [Ala. R. App. P. 4 Rule 4. Appeal as of right - When taken](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R4.md)
- [Ala. R. App. P. 5 Rule 5. Appeal by permission](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R5.md)
- [Ala. R. App. P. 6 Rule 6. Omitted](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R6.md)
- [Ala. R. App. P. 7 Rule 7. Security for costs on appeal in civil cases](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R7.md)
- [Ala. R. App. P. 8 Rule 8. Stay or injunction pending appeal](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R8.md)
- [Ala. R. App. P. 9 Rule 9. Release in criminal cases](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R9.md)
- [Ala. R. App. P. 10 Rule 10. The record on appeal](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R10.md)
- [Ala. R. App. P. 11 Rule 11. Completion and transmission of the record](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R11.md)
- [Ala. R. App. P. 12 Rule 12. Docketing of the appeal; docket fee; filing of the record](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R12.md)
- [Ala. R. App. P. 13 Rule 13. Transmission of original item from the trial court](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R13.md)
- [Ala. R. App. P. 14 Rule 14. Use of recording devices](https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AL_ARAP_R10. Check the current official text before relying on it. Not legal advice.