Rule 4: Abridgement of the Transcript of Evidence, Including Depositions


Rule 4. Abridgement of the Transcript of Evidence, Including Depositions.

(a) In all cases where the transcript of evidence, including depositions, exceeds 300 pages, this Court may order counsel to abridge such transcript. Included in the abridgement shall be such testimony, objections, motions, rulings of the trial court, etc. , as are deemed sufficient to convey a fair, accurate and complete account of what transpired with respect to those issues that are the basis of appeal. The abridged transcript shall identify the witness, the party for whom he or she is testifying, whether direct or cross examination, and shall include testimony that properly identifies the witness.

(b) If less than all the testimony, or other material, on any page is to be considered, the material not to be considered shall be deleted or appropriately marked to so indicate. There shall also be shown the exhibit number of each exhibit relied upon by the parties. Exhibits themselves are not to be included in the abridged transcript. The abridged transcript shall be properly indexed and the pages shall be properly numbered as in the original transcript.

(c) The appellant shall designate such portions of the transcript to be included in the abridged transcript, and such designation shall be served on appellee with appellant's brief. The appellee shall designate such other parts of the transcript to be included in the abridged transcript and such designation shall be served on appellant with appellee's brief. The designations are to be by page numbers and, if less than the complete page where testimony is to be included, designated by line numbers. The designations shall not be filed in the cause.

(d) The appellant shall file the complete abridged transcript, including any additional parts not previously designated by either party, at the time that a reply brief is filed. If no reply brief is filed, the appellant shall file the abridged transcript within the time allowed for filing a reply brief. Only one copy of the complete abridged transcript is to be filed with the court clerk.

(e) Nothing in this rule shall be construed to authorize any alteration of the original trial transcript, which shall be and remain a part of the record on appeal.

(f) The cost of the abridgement shall be governed by Tenn. R. App. P. 40.

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