Rule 331. Return of Record on Appeal

      Any paper or physical components of the record on appeal shall be returned by the clerk of the reviewing court to the clerk of the trial court after the final decision of the reviewing court.

Amended July 30, 1979, effective October 15, 1979; amended June 22, 2017, eff. July 1, 2017.

Committee Comment
(Revised 1979)

      As originally adopted this rule provided that the record should be returned “unless the record contains no original papers.” It was thought at the time that while the record normally would consist primarily of original papers, there would be occasions when the trial court would order otherwise or because in the county in which the trial court sat it was considered desirable to keep original papers available for title searches. In 1979, Rule 321 was amended to provide that the record on appeal shall consist of the entire original common law trial record, unless the parties stipulate for less or the trial or reviewing court orders “less.” Thus there will be no case in which the record contains no original papers and the phrase quoted above was deleted.


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