The record on appeal, or the “common law record,” is made up of all the:

• Pleadings, 
• Orders, 
• Motions, 
• Evidence, and 
• Other documents that were filed in the circuit court while your case was in front of the circuit court judge. 

The appellate court uses the record on appeal to find out what happened in the circuit court. The appellate court cannot look at any documents that are not in the record on appeal. It is very important that the record on appeal is complete. 

Who needs to order the record on appeal? 

The person who filed the appeal (“appellant”) must order the Request for Preparation of Record on Appeal. They should submit the request soon after the Notice of Appeal is filed. A copy of that request must be attached to the Docketing Statement. The Docketing Statement is due within 14 days after filing the Notice of Appeal. The appellant must make sure the record on appeal is complete. 

What costs will I need to pay? 

The amount of the fee depends on the length of the record on appeal. The appellant must pay part of the fee when ordering the Request for Preparation of Record on Appeal from the circuit court clerk. The rest must be paid when it is ready to be filed. 

If you are unable to pay the fee for the Request for Preparation of Record on Appeal, you can ask for a fee waiver with the circuit court clerk. The appellate court fee waiver does not cover the circuit court record on appeal charge. 

How do I submit a request for preparation of record on appeal? 

The appellant must file the Request for Preparation of Record on Appeal with the circuit court where their case was decided. 

The circuit clerk's office will then prepare the record on appeal and send it directly to the appellate court. They will send it within 63 days after the Notice of Appeal was filed. 

The appellant will need to have paid all fees due to the clerk's office. Otherwise, the appellant will have filed a fee waiver prior to the clerk's office sending the records to the appellate court. If there are outstanding fees due, the clerk will not submit the record until those fees are paid. 

The appellant will need to attach a copy of the completed Request for Preparation of Record on Appeal at the time they file their Docketing Statement in the appellate court. 

If the record is missing an important document, can I add it? 

Yes. If the document was filed in the circuit court, you may ask the appellate court to add to the record. 

You will need to file a Motion for leave to supplement the record after the record has been delivered to the clerk of the appellate court. If the appellate court grants your motion, the circuit court clerk will prepare the supplement. 

If you and the other party agree that the document needs to be supplemented to the record, you may title your Motion as an "agreed motion." Then inform the court that the other party does not oppose your motion. 

You can use the motion forms to file and see the local rules in your appellate district for more rules related to filing motions to supplement the record on appeal.