Transcript Requests

Part of the appellate process that gets little attention is transcript requests. But here’s a tip: if you are appellate counsel entering the case at the appellate stage, counsel with trial counsel and your client to understand which hearings you’ll need to order transcripts for. Don’t just consult the docketing statement and minutes.

Many hearings will be non-consequential. On the docket, those hearings are usually 3–4 minutes and consist of rescheduling something or other. Any hearing 8 minutes or greater might contain something useful at trial. An 8 minute hearing is not that expensive to order.

Most hearings that have some substance will require you to order the transcript. Ask trial counsel and your client which hearings you will need to order.

While ordering hearings can be expensive, remember that it is the appellant’s burden on appeal to prove his or her case. That means that all transcripts that might either show prejudice or error need to be in the record. And that’s less expensive than a total loss on a procedural default.

Final note: if trial counsel says a certain hearing is unnecessary but your client says it is necessary, always defer to your client. It’s their life or livelihood on the line.

For more information about the appellate process in Utah, see our appellate process guide.