Wyo. R. App. P. 3.05 (2026)

Rule 3.05. Designation, Transmission and Retention of Record. (a) Within three working days after the record has been completed (or as otherwise arranged with the clerk of the appellate court), the clerk of the trial court shall advise the clerk of the appellate court in writing that the record has been completed and certified in accordance with these rules, reciting that: (1) Each page of original papers has been numbered in accordance with Rule 3.05(h) and an index has been prepared. The index shall list the name of the filing, the date filed and the corresponding bates number(s). The clerk of the trial court shall provide copies of the index to the clerk of the appellate court and to the parties; (2) The transcript or parts ordered for inclusion and necessary exhibits, have been filed or notice that no transcript was created or ordered; (3) Notification that the trial court has approved a statement of evidence pursuant to Rule 3.03 or an agreed statement pursuant to Rule 3.08; (4) The date the notice of appeal was filed in the trial court and, if applicable, the filing date of a cross appeal. (b) Appellant shall, contemporaneously with filing its brief in the appellate court and service of that brief upon appellee, file with the clerk of the trial court and serve on all parties and the appellate court clerk a designation for transmission of all parts of the record, without unnecessary duplication, to which appellant intends to direct the appellate court in its brief. See Rule 1.03. (c) If appellee desires to designate additional parts of the record for transmission, appellee shall, contemporaneously with filing appellee’s brief in the appellate court, file with the clerk of the trial court and serve upon all parties and the appellate court clerk a designation of those parts of the record desired by appellee. (d) Appellant may file an additional designation of record within the time any reply brief is to be filed and served. Service shall be on all parties and the appellate court clerk. (e) Unless the case is a criminal proceeding, no party shall designate the entire record for transmission without an order of the appellate court. Unless specifically relevant to the issue(s) on appeal, record papers, including, but not limited to, setting notices, subpoenas and documents relating to discovery shall not be designated for transmission to the appellate court. Any party who designates unnecessarily duplicative pleadings or other papers not relevant to the appeal may be subject to sanction as provided in Rule 1.03. (f) After the appellee’s brief has been filed, the clerk of the appellate court shall request that the clerk of the trial court transmit the unredacted designated record within seven working days. (1) Paper Case Records. For cases with a Paper Case Record, the trans- mitted record shall be securely fastened, in an orderly manner, in one or more sturdy folders consisting of no more than 250 pages per folder, with pages numbered and with a cover page bearing the title of the case, followed by a complete index of the record. (A) The transmitted record on appeal shall be organized as follows: (i) Designated pleadings and any attachments to pleadings. Attach- ments, including those called "exhibits," shall not be removed or separated from the pleadings; (ii) Transcripts, Statement of the Evidence or Agreed Statement and if appropriate, depositions. Individual volumes of transcripts may be combined in one or more folders; (iii) Confidential file. Confidential documents, including Presentence Investigation Reports shall be in a separate folder(s); (iv) Designated exhibits. Documents and exhibits of unusual bulk or weight and physical exhibits other than documents shall not be trans-

35 RULES OF APPELLATE PROCEDURE Rule 3.05

mitted by the clerk unless so directed by the clerk of the appellate court. A party must make advance arrangements with the clerks of both courts for the transportation to and from the appellate court of documents and exhibits of unusual bulk or weight. (B) The clerk of the trial court shall append a certificate identifying the papers with reasonable definiteness; (C) Pagination. Excluding transcripts and exhibits, each page of the record, and documents contained within a separate confidential file, shall bear a handwritten or bates number in the lower right-hand corner of the page. Agency records or lower court records that have already been bates numbered should not be renumbered. The record should not be renum- bered for subsequent appeals. Numbering should be continuous from any prior appeal; (D) If the appellate court enters an order that the record not be retained by the clerk of the trial court, the clerk of the trial court shall transmit that record to the appellate court in accordance with these rules. (E) If appellant/petitioner fails to designate portions of the record or designates the entire record in a civil appeal, the clerk of the trial court shall promptly notify the clerk of the appellate court. (2) Electronic Case Records. For cases with an Electronic Case Record, the clerk of the trial court shall prepare, certify, and transmit the record through DAPR. (A) Any exhibits the parties have designated as part of the appellate record that cannot be uploaded into the Electronic Case Record. and any items submitted for in camera review that were not uploaded into the Electronic Case Record, shall be physically transmitted to the clerk of the appellate court. (B) When preparing the Electronic Case Record, the clerk will specifi- cally designate in DAPR any documents that have been filed as confiden- tial or under seal so that access to these documents may be restricted pursuant to the Rules Governing Access to Case Records. These docu- ments will not be placed in a separate volume of the Electronic Case Record.