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Pennsylvania Appellate Law and Practice

Compiling the Record / Record on Appeal

When appealing a case, you may need to compile a Record of the trial court documents and/or proceedings. This is sometimes referred to as "Record on Appeal".

In Pennsylvania, this is generally laid out in the court rules. See, for example:

Pa.R.A.P. Chapter 19 (R. 1911-1973) - Preparation and Transmission of Record and Related Matters

Pa.R.A.P. Chapter 21 (R. 2101-2189) - Briefs and Reproduced Record

Secondary sources often provide additional guidance. See, for example:

"The reproduced record is a collection of those portions of the record below that each party considers necessary to determine the issues presented on appeal." Dunlap-Hanna Pennsylvania Forms, § 231.30.

Many of the resources listed below provide additional information, including explanations and citations to relevant cases, on how to compile the record.

Forms, Treatises, and Practice Aids

The following member database includes information regarding compiling the Record in Pennsylvania. Members must be logged in to jenkinslaw.org to access this database. This database is also available in the library.

The chapters/sections listed below are included as a starting place for that resource. Additional chapters/sections may apply. Consult the index or conduct a search in the resource to find additional material.

Pennsylvania Law Encyclopedia
Available on the LexisNexis Digital Library. See "Appeals" (vol. 2) Chapter 9: Record.
Also on the library's Lexis computers and in print.

The following print resources include information regarding compiling the Record in Pennsylvania. Some resources published by LexisNexis and West/Thomson Reuters may be available on the library's Lexis and Westlaw computers. See below for more information.

The chapters/sections listed below are included as a starting place for that resource. Additional chapters/sections may apply. Consult the index or conduct a search in the resource to find additional material.

Dunlap-Hanna Pennsylvania Forms LexisNexis
Also on the library's Lexis computers.
See §§ 231.25 - 231.41.

Pennsylvania Appellate Practice West/Thomson Reuters
Also on the library's Westlaw computers. Also referred to as Darlington.
See Chapter 21: Briefs and Reproduced Record.

Pennsylvania Law Encyclopedia LexisNexis
Also on the library's Lexis computers and the LexisNexis Digital Library.
See "Appeals" Chapter 9: Record.

Pennsylvania Civil Practice Handbook Bisel
See § 37.8: Record on Appeal.

Standard Pennsylvania Practice 2d West/Thomson Reuters
Also on the library's Westlaw computers.
See Chapter 88: Record on Appeal.

West's Pennsylvania Forms West/Thomson Reuters
Also on the library's Westlaw computers.
See Civil Procedure, Part XV, Chapter 63, Subpart E: Record on Appeal from Trial Court (§§ 63:40 - 63:50) and Subpart H: Brief and Reproduced Record (§§ 63:80 - 63:125).

In conjunction with its continuing legal education courses, the Pennsylvania Bar Institute (PBI) produces books covering various appellate practice topics. Some of these concentrate on more specific or unusual areas of the law. When a researcher has difficulty finding an answer in the manuals or form books, it is a good idea to turn to a PBI publication for guidance.

Advanced Appellate Advocacy
See Chapter 1 Part X: Reproduced Record.

How to Appeal a Commercial Case in the PA Courts
See Chapter B: Appellate Issues, Briefs.

Preventing Nightmares: Preserving Issues and Avoiding Waiver at Trial and on Appeal
See Chapter 5: Ensure a Complete Record on Appeal.

Court Rules

When participating in a court case, it is important to follow the correct set of court rules. The Pennsylvania Rules of Appellate Procedure (Pa.R.A.P.) are freely available online in Title 210 of the Pennsylvania Code. Select rules address compiling the Record. Please note that additional rules may also apply.

Pa.R.A.P. Chapter 19 (R. 1911-1973) - Preparation and Transmission of Record and Related Matters

Pa.R.A.P. Chapter 21 (R. 2101-2189) - Briefs and Reproduced Record

For additional places to find Pennsylvania Court Rules, including in print and on the library's Lexis, Westlaw, and Bloomberg Law computers, see the Pennsylvania Court Rules - State guide.