ORDER PROMULGATING AMENDMENTS TO THE RULES OF CIVIL APPELLATE PROCEDURE
S. Gildea Chief Justice.
order filed on November 13, 2018, we directed the Advisory
Committee for the Rules of Civil Appellate Procedure to
review the rules that govern the use and preparation of
transcripts in appeals in light of the recommendations made
to the Judicial Council by the Court Record Workgroup to
clarify the role of court reporters with respect to
transcripts for audio or video exhibits. We also noted some
inconsistency between the rule that governs transcript
preparation for appeals in criminal matters, see
Minn. R. Crim. P. 28.02, subd. 9, and the rule that governs
transcript preparation for appeals in civil matters,
see Minn. R. Civ. App. P. 110.02.
report filed on April 1, 2019, the committee explained that
the Rules of Civil Appellate Procedure state, clearly, that
court reporters are required to transcribe and certify only
testimonial evidence, such as video depositions, but not
other digital recordings. The committee reviewed the report
filed on February 28, 2019, by the Advisory Committee for the
Rules of Criminal Procedure, which proposed amendments to
Minn. R. Crim. P. 28.02, subd. 9, to clarify the
responsibilities related to transcript preparation for an
appeal; but concluded that the amendments recommended by that
committee addressed issues that exist primarily in criminal
proceedings. Thus, the committee concluded that the existing
provisions of Rule 110.02 work well and, therefore, no
amendments are needed.
opened a public comment period. Only one written comment was
received, from the State Court Administrator on behalf of the
Judicial Council, which asked that Rule 110.02 be amended to
clarify the court reporter's role in preparing
transcripts of audio or video exhibits. We also held a public
hearing, on September 25, 2019, and received further input
from the chair of the Advisory Committee for the Rules of
Civil Appellate Procedure.
carefully considered the Advisory Committee's conclusion
that Rule 110 of the Rules of Civil Appellate Procedure works
well and needs no amendments. We appreciate the
committee's review of the extensive work done on this
topic by the Court Record Workgroup, and its consideration of
the recommendations made by the Advisory Committee on the
Rules of Criminal Procedure. We have concluded, however, that
amendments to Rule 110.02 regarding the court reporter's
role with respect to transcript requests in appeals in which
audio or video evidence is part of the record on appeal will
provide clarity in identifying the evidence that is part of
the record on appeal. See Minn. R. Civ. App. P.
110.01 (defining the record on appeal). Further, amendments
to Rule 110.02 will promote consistency between the rules
that govern transcript preparation for appeals, whether in
criminal or civil cases, which will aid court reporters in
fulfilling transcript requests. See Minn. R. Crim.
P. 28.01, subd. 2 (noting that the Rules of Civil Appellate
Procedure govern appellate procedure in criminal proceedings
to the extent not inconsistent with the criminal rules).
Clarity is also important given that a transcript of digital
evidence may not be substantive evidence, but instead may
serve an illustrative purpose. See State v. Stewart,
643 N.W.2d 281, 293 (Minn. 2002) (noting that illustrative
exhibits are not original evidence).
the amendments we adopt here clarify that a court reporter
can, but is not required to, prepare a transcript of audio or
video recordings that are part of the record on appeal, and
is not required to certify the correctness of such a
transcript. The court reporter is, however, responsible for
filing that transcript with the district court, whether it is
prepared by the court reporter or by the party.
on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED that the attached amendments to the Rules of
Civil Appellate Procedure be, and the same are, prescribed
and promulgated to be effective as of March 1, 2020. The
rules as amended will be effective for appeals filed on or
after the effective date.
TO THE RULES OF CIVIL APPELLATE PROCEDURE
in the following amendments, deletions are indicated by a
line drawn through the words, and additions are indicated by
a line drawn under the words.]
110. The Record on Appeal
The Transcript of Proceedings; Duty of Appellant to Order;
Notice to Respondent if Partial Transcript is Ordered; Duty
of Reporter; Form of Transcript
1. Duty to Order Transcript. Within 10 days after
filing the notice of appeal, the appellant shall:
pursuant to subdivision 2 of this rule, order from the
reporter a transcript of those parts of the proceedings not
already part of the record which are ...