An Indiana appellate lawyer’s guide to the Record on Appeal, what it includes, why it matters, and how appellate courts review trial-court proceedings.
Quick Answer: What Is the Record on Appeal in Indiana?
The Record on Appeal is the official collection of documents, filings, transcripts, exhibits, and proceedings that an Indiana appellate court may review when deciding an appeal. Indiana Appellate Rule 27 provides that the Record on Appeal consists of the Clerk’s Record and all proceedings before the trial court or administrative agency, whether or not they have been transcribed or transmitted to the appellate court.
Key Takeaway: Indiana appellate courts generally decide appeals based on the record created in the trial court. If evidence, testimony, or arguments do not appear in the record, appellate judges ordinarily cannot consider them.
Why Does the Record on Appeal Matter?
The Record on Appeal is the foundation of every Indiana appeal.
Unlike a trial court, the Indiana Court of Appeals does not hear new witnesses, receive new evidence, or conduct a new trial. Instead, appellate judges review the existing record and determine whether reversible legal error occurred.
For that reason, many appellate issues are won or lost based on what was preserved in the trial-court record long before the appeal ever begins.
What Is Included in the Record on Appeal?
Indiana Appellate Rule 27 states that the Record on Appeal consists of:
- The Clerk’s Record
- All proceedings before the trial court or administrative agency
Whether or not those proceedings have been transcribed or transmitted.
In practice, the record commonly includes:
Pleadings
- Complaints
- Petitions
- Answers
- Counterclaims
- Motions
Court Orders
- Preliminary orders
- Discovery rulings
- Summary judgment orders
- Final judgments
- Post-judgment rulings
Trial and Hearing Transcripts
- Evidentiary hearings
- Final hearings
- Bench trials
- Jury trials
- Contempt hearings
Exhibits
- Documents admitted into evidence
- Photographs
- Financial records
- Digital evidence
- Other admitted exhibits
Chronological Case Summary (CCS)
The CCS provides the official case chronology used to track filings, orders, hearings, and appellate deadlines.
What Is the Clerk’s Record?
The Clerk’s Record is the portion of the record maintained by the trial court clerk.
It generally contains:
- Pleadings
- Filings
- Motions
- Orders
- Judgments
- CCS entries
While essential, the Clerk’s Record often tells only part of the story because witness testimony and evidentiary proceedings frequently appear only within hearing and trial transcripts.
What Are Trial Transcripts?
Transcripts are written records of what occurred during court proceedings.
They typically include:
- Witness testimony
- Attorney arguments
- Judicial rulings
- Objections
- Evidentiary discussions
In many appeals, transcripts become the single most important component of the record because they show exactly what occurred in the trial court.
Why Are Transcripts So Important?
Many appellate issues depend on events occurring during a hearing or trial.
Examples include:
- Evidentiary objections
- Witness testimony
- Voir dire issues
- Discovery disputes discussed during hearings
- Custody testimony
- Contempt proceedings
Without a transcript, demonstrating error may become significantly more difficult.
For this reason, appellate lawyers often spend substantial time reviewing transcripts before identifying appellate issues.
What If No Transcript Exists?
Indiana appellate rules provide procedures when a transcript is unavailable.
Rule 31 addresses situations involving a Statement of Evidence When No Transcript Is Available.
Although those procedures may preserve appellate review in some circumstances, they are generally not a complete substitute for an actual transcript.
What Are Exhibits?
Exhibits are the documents, photographs, recordings, and other materials admitted into evidence during a proceeding.
Examples include:
Family Law Cases</b
- School records
- Parenting communications
- Medical records
- Financial information
Civil Litigation
- Contracts
- Invoices
- Business records
- Correspondence
Criminal Cases
- Photographs
- Videos
- Physical evidence
- Forensic reports
When appellate issues involve evidentiary rulings or factual findings, exhibits often play a critical role in the appeal.
Can New Evidence Be Added to the Record on Appeal?
Generally, no.
A common misunderstanding is that an appeal provides an opportunity to present better evidence or additional witnesses.
Indiana appellate courts ordinarily review the record that was created below. New evidence is generally not introduced simply because a party believes it would have strengthened the case.
That is one reason trial-court preparation remains critical even when an appeal may later occur.
What Is the Chronological Case Summary (CCS)?
The CCS is the trial court’s official running log of case events.
It typically includes:
- Filing dates
- Orders
- Hearing dates
- Judgments
- Procedural events
Appellate deadlines are frequently calculated from entries appearing on the CCS, which makes it one of the most important documents appellate counsel reviews at the beginning of a case.
Can the Record Be Corrected After an Appeal Is Filed?
Sometimes.
Indiana Appellate Rule 32 provides procedures for correction or modification of the Clerk’s Record or transcript when necessary.
The existence of correction procedures does not eliminate the importance of ensuring that the record is accurate from the outset.
What Happens If Something Important Is Missing from the Record?
Missing materials can create significant appellate problems.
For example:
- Missing exhibits
- Missing hearing transcripts
- Missing objections
- Missing motions
- Missing trial testimony
may hinder a party’s ability to demonstrate reversible error.
In appellate practice, one of the most frequently repeated principles is:
If it is not in the record, the appellate court generally cannot consider it.
That principle is foundational to understanding Indiana appeals.
Common Record-on-Appeal Mistakes
Mistake #1: Assuming the Appellate Court Will Review New Evidence
Appeals focus on the existing record, not newly developed evidence.
Mistake #2: Not Obtaining Necessary Transcripts
Many appellate arguments depend on testimony and hearing proceedings.
Without transcripts, demonstrating error may become significantly more difficult.
Mistake #3: Failing to Preserve Issues in the Trial Court
The best appellate argument may fail if the issue was never properly raised below.
Mistake #4: Ignoring Record Deficiencies Until Briefing Begins
Record problems are often easier to address earlier rather than later in the appeal.
Examples of Appellate Issues That Depend on the Record
Child Custody Appeal
The appellate court will review:
- Testimony
- Exhibits
- Findings
- Custody evaluations admitted into evidence
rather than hearing new witnesses.
Summary Judgment Appeal
The court reviews:
- Designated evidence
- Motions
- Responses
- Orders
contained in the record.
Criminal Appeal
The court reviews:
- Trial transcripts
- Objections
- Exhibits
- Sentencing proceedings
reflected in the record.
Frequently Asked Questions
What is the Record on Appeal?
The Record on Appeal is the official collection of documents and proceedings that Indiana appellate courts review when deciding an appeal.
Does the Record on Appeal include transcripts?
Yes. Hearing and trial transcripts are often critical components of the appellate record.
Can I add new evidence to the record?
Generally no. Appeals usually proceed based on the record created in the trial court.
What happens if no transcript is available?
Indiana appellate rules provide procedures for a Statement of Evidence when a transcript is unavailable.
Why is the record important?
Because appellate courts generally decide cases based on the record rather than conducting new evidentiary proceedings.
Why Early Appellate Review Matters
Many record-related issues can be identified and addressed early.
Appellate counsel can help:
- Review transcripts
- Analyze exhibits
- Identify preservation problems
- Evaluate appellate issues
- Determine whether the record sufficiently supports the proposed appeal
In many cases, the quality of an appeal depends directly on the quality of the record.
Conclusion
The Record on Appeal is the foundation of every Indiana appeal. It consists of the Clerk’s Record and all proceedings before the trial court or administrative agency. Because appellate courts generally review only what appears in the record, ensuring that transcripts, exhibits, pleadings, and orders are properly included can be one of the most important aspects of appellate practice.
Related Reading
- How to Appeal a Case in Indiana
- How Many Days Do You Have to Appeal in Indiana?
- What Is a Notice of Appeal in Indiana?
- What Orders Can Be Appealed in Indiana?
- What Is an Interlocutory Appeal in Indiana?
- What Is the Standard of Review in Indiana Appeals?
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you through the appeal process. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement.