--- name: record-designation title: Record Designation on Appeal 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. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/record-designation license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: litigation language: en tags: [drafting, 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