record-designation

name	record-designation
language	en
description	Drafts a Record Designation on Appeal identifying trial court materials for transmission to the appellate court. Covers appellant designations and appellee counter-designations with transcript requests, exhibit lists, cost allocation, and compliance guidance. Use when filing a designation of record, counter-designation, transcript designation, or preparing the appellate record after a notice of appeal.
tags	["drafting","litigation","pleading"]

Record Designation on Appeal

Drafts a designation identifying all trial court materials to be transmitted to the appellate court, organized for completeness against each appellate issue.

Prerequisites

1. Notice of Appeal — filed and served; appellate case number if assigned
2. Trial court docket — chronological docket with filing dates and entry numbers
3. Case documents — pleadings, motions, orders, jury instructions, verdict forms
4. Trial exhibits — exhibit numbers, descriptions, and admission status
5. Hearing/trial dates — dates, judges, subject matter, witness lists
6. Appellate issues — identified errors or rulings being challenged
7. Applicable rules — jurisdiction-specific deadlines and format requirements
8. Party role — appellant (initial designation) or appellee (counter-designation)

Output Structure

1. Caption

Element	Requirement
Court	Full appellate court name
Case numbers	Appellate case no. + trial court case no.
Parties	Full names with appellate designations (Appellant/Appellee or Petitioner/Respondent)
Title	"Designation of Record on Appeal" or jurisdiction-specific variant

2. Organization

Choose based on case complexity:

• Chronological — simple cases; all items by filing/occurrence date
• Categorical — complex cases; group by type with chronological sub-ordering

3. Foundational Documents

• Notice of Appeal
• Final judgment or appealable order
• Post-judgment motions (JNOV, new trial, reconsideration)

For each item: exact docket title, filing date, docket entry number.

4. Pleadings

• Complaint/petition (and amendments)
• Answers, responsive pleadings
• Counterclaims, cross-claims (if relevant to appellate issues)

5. Motions & Briefing

For each challenged ruling, designate the complete motion package:

Component	Details
Motion	Title, filing date, docket no.
Supporting briefs	All opposition and reply briefs
Declarations/affidavits	Each declarant identified
Documentary evidence	Attached or filed in support
Hearing transcript	Date and subject
Written order	Granting/denying

6. Transcripts

Format each designation:

Transcript of [Proceeding Type] held on [Date],
before Judge [Name], regarding [Subject Matter].
[If partial]: Limited to: (1) testimony of [Witness];
(2) sidebar conference at p. [X] regarding Exhibit [Y];
(3) [other specific portions].

Identify by: date, proceeding type, judge, subject matter, witnesses, exhibit discussions. Err toward completeness — omitted portions cannot be reviewed on appeal.

7. Exhibits

Format each entry:

[Party]'s Exhibit [No.]: [Description], dated [Date] — [Admitted/Excluded/Limited Purpose]

• Use trial numbering/lettering system
• Designate specific pages/sections for voluminous exhibits if only portions are relevant, but include full exhibit when context matters

8. Orders & Rulings

• Interlocutory orders on dispositive motions
• Discovery rulings affecting available evidence
• Evidentiary rulings (in limine, trial objections)
• Directed verdict / JMOL rulings
• Jury instructions — given AND refused
• Special verdict forms
• Post-trial motion orders

9. Counter-Designation Additions (Appellee Only)

When drafting a counter-designation, also include:

• Direct examination context for appellant's cross-exam excerpts
• Colloquy showing court's reasoning or party concessions
• Evidence supporting affirmance / substantial evidence for findings
• Record showing opponent's failure to preserve issues
• Statement re cost responsibility for additional materials

10. Closing Components

Component	Requirement
Cost allocation	Appellant acknowledges preparation/transmission costs; appellee addresses costs for counter-designated additions
Certification	Accuracy and completeness after reasonable inquiry
Certificate of service	All parties, trial court clerk, court reporters per local rules
Signature block	Counsel name, bar number, firm, address, phone, email

Guidelines

• Deadlines are often jurisdictional — verify filing window (typically 10–30 days post-notice for appellant; shorter for counter-designation) [VERIFY for jurisdiction]
• Cross-reference against appellate issues — every challenged ruling must have its complete supporting record designated
• Incomplete designation risk — materials not designated may be permanently excluded from appellate review
• Partial transcript caution — if appellant designates less than full transcript, appellee may designate additional portions at appellant's cost
• Format compliance — check local rules for required organization, numbering, and filing method
• When in doubt, include it — over-designation costs money; under-designation loses issues