Rule 2.5 Notice of Intent to Appeal; Designation of Record

A. Ten-Day Requirement. Within ten (10) days from the date the Judgment and Sentence is imposed in open court or an order grants an appeal out of time, the defendant must file with the trial court clerk a notice of intent to appeal and designation of record in the form prescribed in Rule 1.14 (C). The filing of the Notice of Intent to Appeal and Designation of Record in the District Court is jurisdictional and failure to timely file constitutes waiver of the right to appeal. A certified copy of the Notice of Intent to Appeal and Designation of Record shall also be filed by trial counsel with the Clerk of this Court within ten (10) days from the date the Notice is filed in the trial court. A copy of the designation of record must be served on the trial judge and the district attorney or, if an appeal from a municipal court of record, the municipal attorney. An additional copy must be served on, and receipt acknowledged by, the court reporter at the time of filing or immediately thereafter. See Rule 2.1(B) and Form 13.4.

(1) Original Record. The designation of the original record shall specify those records filed in the trial court which are to be included in the original record for appeal. The Judgment and Sentence MUST BE INCLUDED in the designation of record.

(2) Transcript of Evidence. The designation of record for the transcript of evidence must specify that part of the record transcribed by the court reporter to be included in the record on appeal. If the defendant requests the entire proceedings to be included, the designation of record must so state. The certification of the transcript shall be made by the court reporter and be in substantially the same form as prescribed in Form 13.9. The voir dire shall be included in all capital cases as required by Rule 9.2.

(3) Court Reporter's Costs. At the time the designation of record is served on the court reporter, arrangements for preparing the transcripts of evidence shall be reached between the attorney and the court reporter, unless the court directs the appeal to be at public expense, and certified in accordance with the form prescribed in Rule 1.14(C). See Form 13.4. In all cases, arrangements for the payment of costs for preparation of the transcripts shall be made to ensure transcripts are prepared within the time allotted by these rules.

B. Counter-Designation of Record. If the appealing party's designation of record does not specify preparation of the entire record, the opposing party or trial judge may file a counter-designation of record with the clerk of the trial court within thirty (30) days after being served with a copy of the appealing party's brief in chief. See Rule 3.11(B)(2); 20 O.S.2001 § 106.4(B).

C. Cost for Counter-Designation. Unless otherwise ordered by the trial court, the cost for the counter-designation of record shall be borne by the appealing party. Portions of the counter-designated record, shown at a hearing before the trial court to be unnecessary, may be ordered at the opposing party's expense when inclusion is demanded.