Pennsylvania Code
Title 210 - APPELLATE PROCEDURE
Part I - RULES OF APPELLATE PROCEDURE
Article III - MISCELLANEOUS PROVISIONS
Chapter 40 - APPEALS ARISING UNDER THE PENNSYLVANIA CODE OF MILITARY JUSTICE
Rule 4007 - Record on Appeal

Universal Citation: 210 PA Code ยง 4007

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Responsible office. The State Judge Advocate shall be responsible for the assembly and transmission of the record on appeal.

(b) Composition of the record. The record shall consist of:

(1) The authenticated record of the court-martial, including a verbatim transcript of the proceeding and testimony, the pleadings, and evidence.

(2) The order or ruling of the authority to be reviewed.

(3) The findings or report on which such order or ruling is based.

(4) Submissions, recommendations, reviews, and orders or rulings arising from post-trial administrative review and action.

(5) A copy of the written advisement of right to appeal.

(6) Any opinion of the reasons for the order or for the rulings or other errors complained of.

(c) Certification and organization of record. The State Judge Advocate shall certify the contents of the record, which shall be organized with the documents arranged in chronological order, numbered, and affixed to the right or bottom edge of the first page of each document a tab showing the number of that document. Thereafter, the entirety shall be bound and shall contain a table of contents identifying each document in the record.

(d) Time and notice. The State Judge Advocate shall file the record with the Prothonotary of the Superior Court within 60 days after the filing date of the notice of appeal. The Superior Court may shorten or extend the time prescribed in this paragraph. Upon filing, the State Judge Advocate shall mail a copy of the list of record documents to all counsel and to any unrepresented party.

(e) Omissions from or misstatements of the record below. If anything material to any party is omitted from the record or is misstated therein, the parties may at any time supply the omission or correct the misstatement by stipulation, or the Superior Court may at any time direct that the omission or misstatement be corrected and, if necessary, that a supplemental record be prepared and filed.

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