The clerk of the trial court or administrative agency shall prepare and certify the record on appeal. The record shall be arranged in three sections: the common-law record, the report of proceedings, and the trial exhibits, and the record shall comply with the Standards and Requirements for Electronic Filing the Record on Appeal. The certificate shall be prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article III Forms Appendix. The clerk shall include in the record or a supplement to the record under Rule 329 any filing that carries a file stamp of the clerk of the circuit court without any need for further authentication. Notice of filing must be transmitted to all parties of record.
Amended October 21, 1969, effective January 1, 1970; amended July 30, 1979, effective October 15, 1979; amended July 1, 1985, effective August 1, 1985; amended April 10, 1987, effective August 1, 1987; amended December 17, 1993, effective February 1, 1994; amended May 30, 2008, effective immediately; amended Oct. 15, 2015, eff. Jan. 1, 2016; amended Oct. 6, 2016, eff. Nov. 1, 2016; amended June 22, 2017, eff. July 1, 2017.
Committee Comments
(Revised July 30, 1979)
This rule was based in part on former Rules 36(1)(b) and (2)(a), and was in part new in 1967. As originally adopted, it provided in part that “[u]nless otherwise ordered by the trial or reviewing court, the original papers in the trial court record shall be used and copies need not be furnished by the parties.” Thus the use of the original papers was permissive, though the contemplation was that in most instances original papers would be used. In 1979 this provision was deleted and Rule 321 was amended to provide that the record on appeal shall consist of the “entire original trial court record,” unless the parties stipulate for or the trial or reviewing court orders “less.” See the committee comments to Rule 321.
Commentary
(December 17, 1993)
This rule is amended to explain more specifically the manner in which the record on appeal shall be prepared. The circuit clerk now is required to provide the reviewing court with an inventory of exhibits, and the rule establishes a 250-page limit per volume of record to make the record easier to use.