James M. Beck of Reed Smith. Making and Breaking Records: Responsibility and Completion
For appellate lawyers, the certified record of the proceedings in the lower court is the be all and end all. "The fundamental tool for appellate review is the official record of the events that occurred in the trial court."
August 19, 2021 at 11:39 AM
8 minute read
For appellate lawyers, the certified record of the proceedings in the lower court is the be all and end all. "The fundamental tool for appellate review is the official record of the events that occurred in the trial court." See Commonwealth v. Preston, 904 A.2d 1, 6 (Pa. Super. 2006) (en banc). Further, "it is black letter law in this jurisdiction that an appellate court cannot consider anything that is not part of the record in the case." See Commonwealth v. Martz, 926 A.2d 514, 524 (Pa. Super. 2007). Whether the appeal is civil or criminal, "for purposes of appellate review, what is not in the certified record does not exist." See Commonwealth v. Rosario, 248 A.3d 599, 622 (Pa. Super. 2021) (criminal); Ruspi v. Glatz, 69 A.3d 680, 691 (Pa. Super. 2013) (civil). Nor is ensuring the completeness of the record an appellate court's responsibility.
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