What if I forgot to ask for a part of the trial record in my Notice of Appeal? Is there a way to add to the record later on?

Yes, if you catch the missing portion of the record in time. The Idaho Appellate Rules provide two primary mechanisms to allow you to expand the record and include any additional documents or transcripts that were not asked for in the Notice of Appeal.

The first comes after the initially requested transcripts and records are initially produced and “lodged.” Under Idaho Appellate Rule 29, the parties have 28 days from the time when the clerk’s record and transcript are lodged to file an objection to the record. This can include “requests for corrections, additions or deletions” to the record that has been lodged.[xlviii] If neither party objects to the record within that 28 day period, the appellate record is deemed “settled” and the appellate court will set a briefing schedule for the appeal.

The second way to add material to the appellate record is through a motion to augment under Idaho Appellate Rule 30.  This motion can be made at any time before the appellate court issues its opinion. The specific information that must be included in these motions is set out within the rule, and Rule 30 also lays out the general format that should be used for these requests.

The request to augment (add) documents into the appellate record must either have the material attached or, if the documents are not in your possession, the motion must indicate where in the record the documents appear or where the trial court was presented them as part of the trial record. For transcripts, if the transcript has not already been produced, you should identify for the appellate Court why the transcript is relevant along with the additional information required under Idaho Appellate Rule 30(a).

Transcripts in particular can take significant time to prepare, and a motion to augment does not automatically suspend the due dates for any of the briefing. Idaho Appellate Rule 30(a) states that the “filing of a motion to augment shall not suspend or stay the appellate process or the briefing schedule.” However, you can also file a combined motion to augment the record and to suspend the briefing schedule pending the lodging of a requested transcript. This motion should include citations to Idaho Appellate Rule 30, as well as Idaho Appellate Rules 13.2 and 32 (which cover requests to suspend the appeal and other motions that are permitted under the appellate rules) and should be captioned in a way that clearly indicates you are asking both to augment the record and to suspend the briefing schedule on appeal.