Last updated: 8/7/2006
Record On Appeal From Chancery {079}
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Description
THE RECORD ON APPEAL FROM CHANCERY This time table reflects changes effective July 1, 1997. NEED TO UPDATE THIS TO ENSURE COMPLIANCE WITH THE NEW TRAP RULES EFFECTIVE 07/01/98 Take note of the computation of time pursuan Tt to.R.A.P. 21 . A pro se litigant should contact the appropriate court of appeals for a pamphlet explaining the process. CAVEAT VENDITOR . . . REMEMBER THE DISTINCTION BETWEEN FILING AND SERVING REMEMBER THAT APPELLANT MUST FILE EITHER: BOND FOR COSTS ON APPEAL {This bond will not preventudgm j ent creditor from executing on the judgment} OR BOND FOR STAY & COSTS ON APPEAL {This bond is a requirement to keep judgment creditor from executing on the judgment} {A stay is not effective until the COURT approves this bond; i.e., by motion} REMEMBER RULE 15, T.R.A.P., PROVIDES THAT VOLUNTARY DISMISSALS OF APPEALS NOW MUST BE MADE IN THE COURT OF APPEALS, NOT IN THE TRIAL COURT. DATE MO/DA/YR [1] ___/___/___ Appeal begins to ruSnee . T.R.A.P. 4(b) for events that trigger the running of the time to file the Notice of Appe al. [2] ___/___/___ Date APPELLANT files the Notice of Appeal with the CLERK & MASTER . This date must be on or before [4T]. he CLERK & MASTER shall promptly serve the notice on the clerk of the appellate court designated in the not [Ti.Rce.A. .P. 5(a).] [3] ___/___/___ Date the CLERK & MASTER files the Notice of Appeal with the appellate co urt. [T.R.A.P. 5(a).] Once the Notice of Appeal has been filed in the appellate court, any Motion to Dismiss shall be filed in the appellate court. [4] ___/___/___ 30 days after [1]. LAST DATE to file the Notice of Appeal with thLEe CRK & MASTER . [T.R A.P. 4(a).] See T.R.A.P., Appendix A, Form 1 for the proper form for a Notice of Appeal. [5] ___/___/___ Date APPELLANT serves the Notice of Appeal on counsel of record or party. This date must be on or before [6 [T]..R..A.P. 5(a).] <<<<<<<<<********>>>>>>>>>>>>> 2 [6] ___/___/___ 7 days after [2]. LAST DATE for APPELLANT to serve a copy of the Notice of Appeal on each counsel of record or parT.[R.tyA.. P. 5(a).] [7] ___/___/___ Date APPELLANT files proof of service of [5]. This date must be on or before [8 [T]..R.A.P. 5(a).] [8] ___/___/___ 7 days after [5]. LAST DATE for APPELLANT to file with the CLERK & MASTER proof of service of [5], in the manner provided in T.R.A.P. 20(e). [9] ___/___/___ Date APPELLANT files with the CLERK & MASTER , and duly serves counsel of record or party, any intent to submit less than the full recordTr ansor cript of Evidence (T.E.) on appeal[. T.R.A.P. 24(a) and (b).] This date must be on or before [10]. [10] ___/___/___ Date 15 days after [2]. On or before this date APPELLANT must file with the CLERK & MASTER , and duly serve counsel of record or party, any intent to submit less than the full record oTrr anscript of Evidenc (T.E.) oe n appealT. .R.A.P. 24(a) [T.R.A.P. 24(a) If less than full record on appeal is deemed sufficient, APPELLANT mufilest with CLERK & MASTER a description of the requested record ansed rve notice of same[. T.R.A.P. 24(a).] AND file with the CLERK & MASTER the designation of theT ranscript of Evidence (T.E.) to be prepared andse rve notice of same[. T.R.A.P. 24(b).] OR If no Transcript of Evidence (T.E.) or Statement of Evidence or Proceedin (gsS.E.) is to be filed, APPELLANT must file with CLERK & MASTER a Notice to that effect andse rve parties with notice of sameT. .R.A.P. [T.R.A.P . See Rules of the Court of Appeals of Tennessee Rule 4 for a special rule concerning the record on appeal from summary judgments. [11] ___/___/___ Date APPELLEE files a designation of additional parts of the recoTr.Rd.A. .P. [T.R.A.P. This date must be on or before [12 ].S ee also Rules of the Court of Appeals of Tennessee Rule 4 for a special rule concerning the record on appeal from summary judgments. [12] ___/___/___ 15 days after [9]. LAST DATE for APPELLEE to file a designation of additional parts of the record[T..R .A.P. 24(a) and (b).] APPELLEE must, if deemed necessary: after receipt of the notice required in file[9], w ith the CLERK & MASTER any additional designations of the record ansed rve them on the parties [T.R.A.P. 24(a).] , file with the CLERK & MASTER any additional designations of the Transcript of Evidence (T.E.) andse rve them on the parties[T. .R.A.P. 24(b).] OR After receiving the notice that nTor anscript of Evidence (T.E.) or Statement of Evidence or Proceedings (S.E.) is to be filed, if APPELLEE deems a Transcript of Evidence (T.E.) or Statement of Evidence or Proceedin (gsS.E.) to be necessaryfile, with the CLERK & MASTER a notice that theT ranscript of Evidence (T.E.) or Statement of Evidence or Proceedin (gSs.E.) is to be filed and serve same. [T.R.A.P. 24(d).] APPELLEE then must see to the preparation and filing of theT ranscript of Evidence (T.E.) or Statement of Evidence or Proceedin (gSs.E.). {See also Rule 4, Rules of the Court of Appeals of Tennessee, for a special rule concerning the record on appeal from summary judgments.} <<<<<<<<<********>>>>>>>>>>>>> 3[13] ___/___/___ Date APPELLANT or APPELLEE files the Transcript of Evidenc (T.E.) we ith CLERK & MASTER and serves notice of sam[eT..R .A.P. 24(b).] OR files with CLERK & MASTER a Statement of the Evidence or Proceedings (S.E.) and serves notice of same[. T.R.A.P. 24(c).] This date must be on or before [14]. [14] ___/___/___ 90 days after [2]. LAST DATE for APPELLANT or APPELLEE, as the case may be, to file theTr anscript of Evidenc (T.E.) we ith CLERK & MASTER and serve notice of same[.T .R.A.P. 24(b).] OR file with CLERK & MASTER a Statement of the Evidence or Proceedings (S.E.) and serve notice of same[. T.R.A.P. 24(c).] [15] ___/___/___ Date APPELLANT or APPELLEE, as case may be,f iles with CLERK & MASTER objections, if any, to the Transcript of Evidenc (T.E.) ae s filed[ T.R.A.P. 24(b).] or the Statement of the Evidence or Proceedings (S.E.) as filed andse rve same. [T.R.A.P. 24(c).] This date must be on or before [16]. [16] ___/___/___ 15 days after [13]. LAST DATE for APPELLANT or APPELLEE, as case may be, to file with CLERK & MASTER objections, if any, to thTre anscript of Evidence (T.E.) as filed [T.R.A.P. 24(b).] or the Statement of the Evidence or Proceedings (S.E.) as filed andse rve same. [T.R.A.P. 24(c).] [17] ___/___/___ 30 days from [15]. LAST DATE for CHANCELLOR to approve the transcript of evidence (T.E.) or statement of the evidence (S.E.) and authenticate the exhibits [T.R.A.P. 24(f).] If the Transcript of Evide