# M.R.A.P. 10: Rule 10. CONTENT OF THE RECORD ON APPEAL

> Mississippi · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R10

## Section

- **Citation:** M.R.A.P. 10
- **Heading:** Rule 10. CONTENT OF THE RECORD ON APPEAL
- **Jurisdiction:** Mississippi
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Mississippi Rules of Court / Mississippi Rules of Appellate Procedure / M.R.A.P. 10

## Text

(a) Content of the Record. The parties shall designate the content of the record
pursuant to this rule, and the record shall consist of designated papers and exhibits filed in
the trial court, the transcript of proceedings, if any, and in all cases a certified copy of the
docket entries prepared by the clerk of the trial court.
(b) Determining the Content of the Record.
(1) Designation of Record. Within seven (7) days after filing the notice of appeal, the
appellant shall file with the clerk of the trial court and serve both on the court reporter or
reporters and on the appellee a written designation describing those parts of the record
necessary for the appeal.
(2) Inclusion of Relevant Evidence. In cases where the defendant has received the death
sentence, the entire record shall be designated. In any other case, if the appellant intends to
urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to
the evidence, the appellant shall include in the record a transcript of all evidence relevant to
such finding or conclusion.
(3) Matters Excluded Absent Designation. In any case other than a case where the
defendant has received a death sentence, the record shall not include, unless specifically
designated,
i. subpoenas or summonses for any witness or defendant when there is an appearance
for such person:
ii. papers relating to discovery, including depositions, interrogatories, requests for
admission, and all related notices, motions or orders;
iii. any motion and order of continuance or extension of time;
iv. documents concerning the organization of the grand jury or any list from which
grand or petit jurors are selected;
v. pleadings subsequently replaced by amended pleadings;
vi. jury voir dire.
(4) Statement of Issues. Unless the entire record, except for those matters identified in
ission, and all related notices, motions or orders;
iii. any motion and order of continuance or extension of time;
iv. documents concerning the organization of the grand jury or any list from which
grand or petit jurors are selected;
v. pleadings subsequently replaced by amended pleadings;
vi. jury voir dire.
(4) Statement of Issues. Unless the entire record, except for those matters identified in
(b)(3) of this Rule, is to be included, the appellant shall, within the seven (7) days time

provided in (b)(1) of this Rule, file a statement of the issues the appellant intends to present
on the appeal and shall serve on the appellee a copy of the designation and of the statement.
Each issue in the statement shall be separately numbered. If the appellee deems inclusion
of other parts of the proceedings to be necessary, the appellee shall, within 14 days after the
service of the designation and the statement of the appellant, file with the clerk and serve on
the appellant and the court reporter a designation of additional parts to be included. The
clerk and reporter shall prepare the additional parts at the expense of the appellant unless the
appellant obtains from the trial court an order requiring the appellee to pay the expense.
(5) Attorney's Examination and Proposed Corrections. For fourteen (14) days after
service of the clerk's notice of completion under Rule 11(d)(2), the appellant shall have the
use of the record for examination. On or before the expiration of that period, appellant shall
return the record to the trial court clerk, and shall append to the record (i) a written statement
of any proposed corrections to the record, (ii) a certificate that the appellant or the appellant’s
attorney has carefully examined the record and that with the proposed corrections, if any, it
is correct and complete, and (iii) a certificate of service indicating that the record has been
returned to the clerk
record to the trial court clerk, and shall append to the record (i) a written statement
of any proposed corrections to the record, (ii) a certificate that the appellant or the appellant’s
attorney has carefully examined the record and that with the proposed corrections, if any, it
is correct and complete, and (iii) a certificate of service indicating that the record has been
returned to the clerk. For fourteen (14) days after receipt of the certificate of service from
appellant, appellee shall have the use of the record for examination. On or before the
expiration of that period, appellee shall return the record to the trial court clerk, and shall
append to the record (i) a written statement of any proposed corrections to the record, (ii) a
certificate that the appellee or the appellee’s attorney has carefully examined the record and
that with the proposed corrections, if any, it is correct and complete, and (iii) a certificate of
service, indicating that the record has been returned to the clerk. Corrections as to which all
parties agree in writing shall be deemed made by stipulation. If the parties propose
corrections to the record but do not agree on the corrections, the trial court clerk shall
forthwith deliver the record with proposed corrections to the trial judge. The trial judge shall
promptly determine which corrections, if any, are proper and enter an order under Rule 10(e).
Within five days, the trial court clerk shall serve all parties and their attorneys with a copy
of the order. If a party does not agree with the court’s order, that party shall, within five days
of service of the order, request a hearing. Such a request shall be assigned priority status on
the trial judge’s docket, and after a hearing, the trial judge shall promptly enter an order
directing the court reporter and/or the trial court clerk to make the appropriate correction(s),
if any, and to finalize completion of the record for transmission to this Court
that party shall, within five days
of service of the order, request a hearing. Such a request shall be assigned priority status on
the trial judge’s docket, and after a hearing, the trial judge shall promptly enter an order
directing the court reporter and/or the trial court clerk to make the appropriate correction(s),
if any, and to finalize completion of the record for transmission to this Court. Once the order
is entered, or if no hearing request is made, the record shall be returned to the court reporter
and/or the trial court clerk who shall within seven days make corrections directed by the
order. The trial court clerk shall verify that any approved changes have been made and that
the required certifications are appended to the record before sending it to the Supreme Court.
(c) Statement of the Evidence When No Report, Recital, or Transcript Is Available.
If no stenographic report or transcript of all or part of the evidence or proceedings is
available, the appellant may prepare a statement of the evidence or proceedings from the best

available means, including recollection. The statement should convey a fair, accurate, and
complete account of what transpired with respect to those issues that are the bases of appeal.
The statement, certified by the appellant or his counsel as an accurate account of the
proceedings, shall be filed with the clerk of the trial court within 60 days after filing the
notice of appeal. Upon filing the statement, the appellant shall simultaneously serve notice
of the filing on the appellee, accompanied by a short and plain declaration of the issues the
appellant intends to present on appeal. If the appellee objects to the statement as filed, the
appellee shall file objections with the clerk of the trial court within 14 days after service of
the notice of the filing of the statement. Any differences regarding the statement shall be
settled as set forth in subdivision (e) of this Rule.
accompanied by a short and plain declaration of the issues the
appellant intends to present on appeal. If the appellee objects to the statement as filed, the
appellee shall file objections with the clerk of the trial court within 14 days after service of
the notice of the filing of the statement. Any differences regarding the statement shall be
settled as set forth in subdivision (e) of this Rule.

(d) Agreed Statement as the Record on Appeal. In lieu of a record on appeal
designated pursuant to subdivisions (b) or (c) of this Rule, the parties may prepare and sign
a statement of the case showing how the issues presented by the appeal arose and 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
fully to present the issues raised by the appeal, shall be approved by the trial court and shall
then be certified to the Supreme Court as the record on appeal.
(e) Correction or Modification of the Record. If any difference arises as to whether
the record truly discloses what occurred in the trial court, the difference shall be submitted
to and settled by that court and the record made to conform to the truth. If anything material
to either party is omitted from the record by error or accident or is misstated in the record,
the parties by stipulation, or the trial court, either before or after the record is transmitted to
the Supreme Court or the Court of Appeals, or either appellate court on proper motion or of
its own initiative, may order that the omission or misstatement be corrected, and, if
necessary, that a supplemental record be filed. Such order shall state the date by which the
correction or supplemental record must be filed and shall designate the party or parties who
shall pay the cost thereof
mitted to
the Supreme Court or the Court of Appeals, or either appellate court on proper motion or of
its own initiative, may order that the omission or misstatement be corrected, and, if
necessary, that a supplemental record be filed. Such order shall state the date by which the
correction or supplemental record must be filed and shall designate the party or parties who
shall pay the cost thereof. Any document submitted to either appellate court for inclusion in
the record must be certified by the clerk of the trial court. All other questions as to the form
and content of the record shall be presented to the appropriate appellate court.
(f) Limit on Authority to Add to or Subtract From the Record. Nothing in this rule
shall be construed as empowering the parties or any court to add to or subtract from the
record except insofar as may be necessary to convey a fair, accurate, and complete account
of what transpired in the trial court with respect to those issues that are the bases of appeal.
Advisory Committee Historical Note

Effective June 24, 1999, Rule 10(b)(5) was amended to effect editorial changes. 735
So.2d XIX (West Miss.Cases 1999).
Effective January 1, 1999, Rule 10(b)(5) was amended to require counsel to make
certifications regarding the record and to extend the examination period to 14 days. 717-722
So.2d XXVII (West Miss.Cases 1998).
Effective January 1, 1995, Miss.R.App.P. 10 replaced Miss.Sup.Ct.R. 10, embracing
proceedings in the Court of Appeals. 644-647 So.2d XXXVIII-XLI (West Miss.Cases 1994).
Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 10 was amended to delete
references to repealed statutes and material concerning the transition from statutory
procedures to Rule practice. 632-635 So.2d LI (West Miss.Cases 1994).
Comment
Rule 10 is based on Fed. R. App. P. 10, taking into account modifications suggested by
the more recent Ala. R. App. P. 10 and Tenn. R. App. P. 24
ases 1994).
Effective July 1, 1994, the Comment to Miss.Sup.Ct.R. 10 was amended to delete
references to repealed statutes and material concerning the transition from statutory
procedures to Rule practice. 632-635 So.2d LI (West Miss.Cases 1994).
Comment
Rule 10 is based on Fed. R. App. P. 10, taking into account modifications suggested by
the more recent Ala. R. App. P. 10 and Tenn. R. App. P. 24.
The purpose of the Rule is to permit and encourage parties to include in the record on
appeal only those matters material to the issues on appeal. While subdivision (b) will govern
most appeals, subdivisions (c) and (d) provide alternate methods of preparing the record,
either when no transcript is available, or when the parties can agree on a "statement of the
case" that will adequately present the issues on appeal.

Subdivision (b) eliminates the confusion that followed City of Mound Bayou v. Roy
Collins Const. Co., 457 So. 2d 337 (Miss. 1984). That case directed court reporters to record
everything transpiring at trial, including voir dire and bench and chambers conferences. It
also, however, ended the jurisdictional requirement of designating the record pursuant to
Miss. Code Ann. § 9-13-33(1) to (4) (Supp. 1986). In doing so, it inadvertently encouraged
use of the entire record, a practice the Court then condemned in Byrd v. F-S Prestress, Inc.,
464 So. 2d 63, 69 (Miss. 1985). This rule reinstates the express requirement that the
appellant designate those parts of the record to be included on appeal. Form 2 in the
Appendix of Forms is a form for designation of the record. This requirement is no longer
jurisdictional, but a failure to comply with it could lead to dismissal pursuant to Rule 2(a)(2).
This is consistent with federal practice.
Pursuant to subdivision (b)(3), a general designation will not be construed to include
certain papers normally irrelevant to the issues on appeal. The rule thus encourages the
omission of these nonessential matters
of the record. This requirement is no longer
jurisdictional, but a failure to comply with it could lead to dismissal pursuant to Rule 2(a)(2).
This is consistent with federal practice.
Pursuant to subdivision (b)(3), a general designation will not be construed to include
certain papers normally irrelevant to the issues on appeal. The rule thus encourages the
omission of these nonessential matters. Because counsel customarily do not file trial court
briefs with the clerk, briefs are not included in the (b)(3) list. Briefs do not normally belong

in a record on appeal, unless necessary to show that an issue was presented to the trial court.
A designation of certain issues under subdivision (b)(4) does not preclude a party from
stating other issues in its brief under Rule 28(a)(3). However, a party asserting other issues
in its brief will bear responsibility for the cost of preparing any additional portions of the
record subsequently designated by any other party in response to the statement of additional
issues. As a result, accurate designation under (b)(4) is advisable.
Subdivision (f) clearly states that the flexible procedures of this rule are not intended
to permit a party to augment the record with matters entered ex parte.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MS_MRAP_R10. Check the current official text before relying on it. Not legal advice.