Lower court has not file the record with DCA (it is only motions, responses orders) within 50 days. I called them and after having me 25 minutes on the phone, they told me they would call me and they never did.
If you are the appellant, you are responsible for having the record on appeal. Thus, if the court reporter and/or clerk does not request a necessary extension of time to prepare the record, you need to file it. However, you won't know how long to ask for, etc. You really need to have an appellate attorney represent you, as (s)he will know who to contact to have them make the appropriate request for an extension of time. Unless this is a summary denial of a motion for post conviction relief in a criminal case, the record on appeal must also contain a transcript of the applicable proceedings below.
Your appeal can be dismissed on 10 days' notice for failing to prosecute your appeal in accordance with the rules. Retain an appellate lawyer who is familiar with the practice area and can get the appeal back on track.
This response is a general answer to a question posed by an unidentified person and is therefore not case-specific. It is not intended to and does not create an attorney-client relationship between the answerer and anyone viewing the response.
Filing a Motion and asking for an extension (while describing your experience with the clerk) can't hurt.
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