Preparation of Record by Appellant

Regions Bank v. Crants, No. M2022-01314-COA-R3-CV, p. 4 (Tenn. Ct. App. May 12, 2023).

It is the duty of Defendant as the appellant in this matter “to prepare the record which conveys a fair, accurate, and complete account of what transpired in the trial court regarding the issues which form the basis of the appeal.” In re M.L.D., 182 S.W.3d 890, 894 (Tenn. Ct. App. 2005). “The appellant also has the burden to provide this Court with a transcript of the evidence or a statement of the evidence from which we can determine whether the evidence preponderates for or against the findings of the trial court.” Id. at 894–95 (citing Coakley v. Daniels, 840 S.W.2d 367, 370 (Tenn. Ct. App. 1992)).

Kindred v. Townsend, No. W2021-01481-COA-R3-CV, fn 1 (Tenn. Ct. App. Dec. 7, 2022). 

As an initial matter, we note that, although the parties raise no issue concerning the admission or exclusion of evidence, the record transmitted to this Court contains numerous volumes related to the many motions in limine made in the trial court, including duplicates of documents filed with those motions. Rule 24 of the Tennessee Rules of Appellate Procedure requires the appellant to prepare the record to provide the appellate court “a ‘fair, accurate and complete account’ of what transpired at the trial level.” Jennings v. Sewell-Allen Piggly Wiggly, 173 S.W.3d 710, 713 (Tenn. 2005) (quoting State v. Ballard, 855 S.W.2d 557, 560 (Tenn. 1993)). The appellee may designate additional portions of the record that “it deems necessary” to our review. Id. However, the inclusion of portions of the trial record that are extraneous to our resolution of the issues presented on appeal imposes that duty on the appellate courts. As we previously have observed:

It is too often the case that an Appellant includes all filings made in the trial court and every portion of the transcript of the hearing (including arguments of counsel) in contravention of the foregoing Rule of Appellate Procedure. The problem with inclusion of extraneous filings that are clearly excluded from the appellate record is that it places upon this Court a duty that falls to the Appellant – to prepare a correct and complete record on appeal. Tenn. R. App. P. 24(b). In making that record, the Appellant should adhere to the mandates contained in Tennessee Rule of Appellant Procedure 24(a). This Court endeavors to file its opinions in a timely manner; however, when placed in the position of having to review volumes of extraneous, unnecessary, and irrelevant filings, our goal is hindered and the interests of judicial economy are stymied.