R. 2:5-3. — Preparation and Filing of Transcript; Statement of Proceedings; Prescribed Transcript Request Form

a. Ordering the Transcript. In ordering a transcript, the appellant shall comply with R. 2:5-1(g) and all other provisions in this rule.

b. Contents of Transcript; Omissions. Except if abbreviated pursuant to R. 2:5-3(c), the transcript shall include the entire proceedings in the court or agency from which the appeal is taken, including the reasons given by the trial judge in determining a motion for a new trial, unless a written statement of such reasons was filed by the judge. The transcript shall not, however, include opening and closing statements to the jury or voir dire examinations or legal arguments by [counsel] the parties unless a question with respect thereto is raised on appeal, in which case the appellant shall specifically order the same in the request for transcript.

c. Abbreviation of Transcript. The transcript may be abbreviated in all actions either: (1) by consent, provided all parties to the appeal agree in writing that only a stated portion thereof will be needed by the appellate court, and in such cases, only those portions of the transcript specified in the writing shall be ordered in the request for transcript, or (2) by order of the trial judge or agency which determined the matter on appellant’s motion specifying the points on which the appellant will rely on the appeal. The motion shall be filed and served no later than the time of filing and service of the notice of appeal, and service of the request for transcript shall be made within 3 days after entry of the order determining the motion.

d. Deposit for Transcript; Payment Completion.

1. Unless the necessary transcripts already exist, or unless exempted by subparagraphs (2) or (3), the appellant shall, at the notification of the court reporter or transcription agency, deposit either the estimated cost of the transcript as determined by the reporter, clerk, or agency, or the sum of $500 for each day or fraction thereof of trial or hearing;

2. If the appellant is the State or a political subdivision thereof, the appellant shall provide a voucher to the reporter or the clerk or the agency for billing for the cost of the transcript. The reporter, clerk, or agency shall, upon completion of the transcript, bill or reimburse the appellant, as appropriate, for any sum due for the preparation of the transcript or overpayment made therefor.

3. Absent specific authority in statute, case law, rule, or administrative directive, if the appellant is indigent and

1. may be entitled to have a transcript of the proceedings below furnished without charge for use on appeal, either the trial court or the appellate court, on application, may order the transcript prepared at public expense for the following proceedings: Division of Child Protection and Permanency termination of parental rights cases and Title 9 abuse and neglect cases, certain adoptions, and involuntary civil commitments;

2. a defendant in a criminal proceeding represented by the Public Defender, or the Public Defender is otherwise obligated by law to provide the transcript to an indigent, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves prosecution for violation of a statute and at the municipality’s expense if the appeal involves prosecution for violation of an ordinance;

3. a defendant in a criminal or quasi-criminal appeal and is not represented by the Public Defender, or the Public Defender is not otherwise obligated by law to provide the transcript, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves prosecution for violation of a statute and at the municipality’s expense if the appeal involves prosecution for violation of an ordinance. If the sentence imposed does not constitute a consequence of magnitude, as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 of Part VII of the Rules of Court, and the applicant is not constitutionally or otherwise entitled by law to transcripts at public expense, the trial court may determine whether to grant the motion for purposes of the appeal even if other transcripts in the case were previously provided. If the trial court denies the application, the trial court shall briefly state the reasons for its determination, and the application may be renewed within 20 days before the appellate court in accordance with R. 2:7-3.

e. Preparation and Filing. The court reporter, clerk, or agency, as the case may be, shall promptly prepare or arrange for the preparation of the transcript in accordance with standards fixed by the Administrative Director of the Courts. The person preparing the transcript shall deliver the original to the Appellate Division transcript unit when the appeal is from the Superior Court, the Tax Court, a municipal court, or an administrative agency or officer. The transcript shall be text searchable and in a format as prescribed by Administrative Directive. The person preparing the transcript shall also forthwith notify all parties of such deliveries. When the last volume of the entire transcript has been delivered to the Appellate Division, the court reporter supervisor, clerk or agency, as the case may be, shall certify its delivery on a form to be prescribed by the Administrative Director of the Courts. That transcript delivery certification and a complete set of the transcripts shall be forwarded immediately to the clerk of the court to which the appeal is being taken. A copy of the certification shall also then be sent to the appellant. The Appellate Division shall serve a copy of the certification on all other parties upon filing within the electronic case jacket and, if the appeal is from a conviction on an indictable offense, on the New Jersey Division of Criminal Justice, Appellate Section.

f. Statement of Proceedings in Lieu of Transcript. If no verbatim record was made of the proceedings before the court or agency from which the appeal is taken, the appellant shall, within 14 days of the filing of the notice of appeal, serve on the respondent a statement of the evidence and proceedings prepared from the best available sources, including the appellant's recollection. The respondent may, within 14 days after such service, serve upon the appellant any objections or proposed amendments thereto. The appellant shall thereupon forthwith file the statement and any objections or proposed amendments with the court or agency from which the appeal is taken for settlement and within 14 days after the filing of the same the court or agency shall settle the statement of the proceedings and file it with the clerk thereof, who shall promptly provide the parties with a copy. If a verbatim record made of the proceedings has been lost, destroyed or is otherwise unavailable, the court or agency from which the appeal was taken shall supervise the reconstruction of the record. The reconstruction may be in the form of a statement of proceedings in lieu of a transcript.