Free AppTransReq.pdf - West Virginia

[This form is to be used for requesting transcripts for purposes of appeal to the Supreme Court.]

WV Supreme Court of Appeals APPELLATE TRANSCRIPT REQUEST

Print

READ INSTRUCTIONS ON BACK OF PAGE BEFORE COMPLETING

Case Name ________________________________________________________________________________ Case No._____________________________ County ______________________________________________ Date of Judgment or Order from which Appeal is Sought __________________________________________ Name of Court Reporter, ERO or typist ________________________________________________________ Address of Court Reporter ___________________________________________________________________ TO BE COMPLETED BY PARTY REQUESTING TRANSCRIPT
Do Not Submit Form until Financial Arrangements Have Been Made with the Court Reporter. Failure to Mail this Form to Appropriate Persons Within Thirty (30) Days of the Judgment Being Appealed May Result in Denial of Motions for Extension of the Appeal Period or Dismissal of the Appeal for Want of Prosecution. A Separate Transcript Request must Be Completed for Each Court Reporter from Whom a Transcript Is Requested. A. This constitutes a request for a transcript of the following proceedings [check appropriate box(es)].

PROCEEDING
[ [ [ [ [ [ [ [ [ [ ] Voir Dire ] Opening Statement (Plaintiff) ] Opening Statement (Defendant) ] Closing Argument (Plaintiff) ] Closing Argument (Defendant) ] Opinion of Court ] Jury Instructions ] Sentencing ] Bail Hearing ] Pre-Trial Proceedings (specify)

HEARING DATE(S)

[

] Testimony (specify)

[

] Other (specify)

TOTAL ESTIMATED PAGES

NOTE: Failure to Specify in Adequate Detail Those Proceedings to Be Transcribed Is Grounds for Denial of Extensions of the Appeal Period or Dismissal of an Appeal. B. I certify that I have contacted the court reporter and satisfactory financial arrangements for payment of the transcript have been made.
[ [ ] Private funds. (Deposit of $ ________________ enclosed with court reporter's copy. Check No. ____________). ] Criminal appeal with fee waiver/order appointing counsel or order from circuit judge stating defendant is eligible for

appointed counsel must be attached.

[ [ [

] Child Abuse/Neglect appeal or Juvenile Delinquency appeal with fee waiver/order appointing counsel must be attached. ] Advance payment waived by court reporter. ] Other________________________________________________________________________________________________

Signature of Counsel (or requesting party) __________________________ Typed Name ___________________________ Address ____________________________________________________________________________________________ Telephone No. ________________________ Date request mailed to court reporter _______________________________
Send completed form to: Supreme Court Clerk's Office, State Capitol Complex, Bldg. 1, Room E-317, Charleston, WV 25305. Send copies of the completed form to: the court reporter, the circuit clerk, and the respondent.
AppTransReq.pdf [Form revised 3/31/08.]

INSTRUCTIONS TO COURT REPORTER

It is the petitioner's responsibility to contact the court reporter and make satisfactory financial arrangements before completing the Appellate Transcript Request form. Petitioner must mail the form to the court reporter and all other parties within thirty days after the judgment being appealed. Written requests for extension of time and waiver of applicable fee reduction sanctions must be addressed to the Clerk of the Supreme Court of Appeals for any transcript which cannot be completed within the required time. Information furnished in support of the request must be very specific and follow the procedures set forth in the Guidelines for Preparation of Appellate Transcripts (copies of these Guidelines are available in the circuit clerk's office). THE CLERK OF THE SUPREME COURT OF APPEALS WILL GRANT WAIVERS SPARINGLY AND ONLY WHEN THERE ARE EXTENUATING CIRCUMSTANCES. Unless a written motion is filed by the petitioner with the Clerk of the Supreme Court of Appeals and an extension or waiver granted by the Supreme Court of Appeals, requests by a petitioner that a court reporter suspend or delay preparation of a transcript that has been requested will have no effect on the date the transcript is due, or on the petitioner's obligation to pay for it when it is prepared. TO INSURE THAT ALL COPIES ARE LEGIBLE, THIS FORM SHOULD BE TYPED. IF IT IS IMPOSSIBLE TO TYPE, USE A BALLPOINT PEN, PRESS FIRMLY, AND CHECK ALL COPIES AFTER COMPLETION INSTRUCTIONS TO PETITIONER FOR REQUESTING APPELLATE TRANSCRIPTS You have thirty days after judgment to complete and mail all copies of this form. DO NOT SUBMIT THIS FORM UNTIL YOU HAVE MADE SATISFACTORY FINANCIAL ARRANGEMENTS WITH THE COURT REPORTER. 1. Contact each court reporter involved in reporting the proceedings, obtain an estimate of total pages, and make arrangements for payment. If you are unsure of the court reporter(s) involved, contact the circuit clerk's office for that information. A SEPARATE APPELLATE TRANSCRIPT REQUEST FORM MUST BE PREPARED FOR EACH COURT REPORTER FROM WHOM A TRANSCRIPT IS REQUESTED. IF NECESSARY, CONTACT THE CIRCUIT CLERK FOR ADDITIONAL BLANK FORMS. 2. If payment is waived by the court reporter until completion of the transcript, the petitioner must remit full payment within a reasonable period of time upon receipt of the court reporter's invoice. 3. Complete the Appellate Transcript Request form in its entirety. 4. Distribute the copies of the Appellate Transcript Request form as follows: Copy 1 ­ to Office of the Clerk, Supreme Court of Appeals Copy 2 ­ to respondent Copy 3 ­ to the circuit clerk Copy 4 ­ to court reporter Copy 5 ­ to be retained by petitioner THE APPELLATE TRANSCRIPT REQUEST FORM MUST BE COMPLETED AND MAILED TO THE PROPER DESIGNEES WITHIN THIRTY DAYS AFTER ENTRY OF THE JUDGMENT BEING APPEALED. Failure to make satisfactory arrangements for transcript production, including necessary financial arrangements, within thirty days after entry of judgment, may result in denial of motions for extensions of the appeal period or dismissal of the appeal by the Supreme Court of Appeals for failure to prosecute. If you have further questions, contact the Clerk of the Supreme Court of Appeals [(304) 558-2601].