Utah Court of Appeals
What happens when an appellant fails to provide an adequate record on appeal? Ajinwo v. Chileshe Explained
Summary
Ajinwo appealed the district court’s dismissal of his paternity and custody petition following an order to show cause hearing. The hearing was not recorded, and despite being aware of Rule 11(g) procedures to reconstruct the record, Ajinwo failed to utilize this mechanism and opposed appellee’s motion to supplement the record.
Analysis
Background and Facts
Okechukwu Ajinwo filed a paternity and custody petition that was dismissed by the district court following an order to show cause hearing on December 21, 2016. The court issued the order to show cause sua sponte, and after both attorneys appeared and addressed the case status, the court dismissed Ajinwo’s amended petition without prejudice. Critically, the hearing was not recorded, leaving no transcript of the proceedings.
Key Legal Issues
On appeal, Ajinwo claimed the district court violated his constitutional rights to parental care, due process, and court access by dismissing his petition sua sponte without providing a meaningful opportunity to be heard or adequate justification. However, the dispositive issue became whether the appellate court could review these claims without an adequate record of the hearing.
Court’s Analysis and Holding
The Utah Court of Appeals emphasized that appellants bear the burden of providing an adequate record to support their allegations of error. Under Rule 11(e)(2) of the Utah Rules of Appellate Procedure, appellants must include transcripts of all evidence relevant to challenged findings. When Ajinwo learned no recording existed, he failed to invoke Rule 11(g), which allows appellants to prepare a statement of proceedings when transcripts are unavailable. Instead, he opposed appellee’s motion to supplement the record and chose to proceed with the existing inadequate record.
The court applied the established principle that when presented with an inadequate record, appellate courts presume the regularity of proceedings and cannot evaluate trial court actions. Consequently, the court affirmed the dismissal.
Practice Implications
This decision underscores the critical importance of record preservation in appellate practice. When hearings are not recorded, practitioners must immediately utilize Rule 11(g) procedures to reconstruct the record through witness statements and party recollections. Failing to do so results in forfeiture of meaningful appellate review, regardless of the potential merit of underlying constitutional claims.
Case Details
Case Name
Ajinwo v. Chileshe
Citation
2018 UT App 39
Court
Utah Court of Appeals
Case Number
No. 20170051-CA
Date Decided
March 15, 2018
Outcome
Affirmed
Holding
An appellant who fails to provide an adequate record on appeal cannot obtain review of alleged trial court errors, and the appellate court will presume the regularity of the proceedings below.
Standard of Review
Not applicable – appeal dismissed due to inadequate record
Practice Tip
When a hearing is not recorded, immediately utilize Rule 11(g) of the Utah Rules of Appellate Procedure to prepare a statement of proceedings rather than proceeding with an inadequate record.
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