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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111525
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am finishing the brief appeal in the Pennsylvania Superior

Customer Question

Hello,I am finishing the brief for my appeal in the Pennsylvania Superior Court in regards ***** ***** Protection From Abuse Order.
I have the below questions.Thank you.LeeI am extremely out of state, and therefore it is impossible for me to check the record inventory list in person and make sure that the certified record forwarded to the court contains the documents I need to have included in my appeal. Can I make a motion to the court to enter all the documents I need, and include copies of the documents that I need to include in my appeal? What should I write on that motion?I would like to have my official driving record (proof of PA residency many months ago) included in the record inventory list, yet my official driving record might not have officially been brought into the record. Can I motion to have my driving record included in the record inventory list? If so, what should I write on that motion?
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The certified record is supposed to contain everything that was filed in the court and clerk of court's office, they are not supposed to pick out documents, they package up the whole record and all documents.
If you refer to any document in your brief specifically, you can attach that document or page from the document that you are referring to, but the records from the court is a complete record of everything.
If your driving record was not filed in the court during the lower court hearing, you cannot add it into the record now. You can only file what was filed in the lower court. Also, your driving record is not relevant to the protection from abuse and you proving your residency is not really necessary.
Customer: replied 9 months ago.
It is apparently my responsibility to review the record inventory list and make sure that the certified record forwarded to the appeals court contains those documents necessary to the issues raised on appeal; failure to do so may result in waiver. PaR.A.P. 1926, 1931 (d); Bennyhof v. Pappert, 790 A. 2d 313 (Pa.Super.2001):Commonwealth v. Wint, 730 A.965 (Pa.Super.1999).I don't want to state the trial court plays dirty, but they certainly have not played clean.I guess I just don't know what the above warning means that I received from the Superior Court, and want to make sure the information I want to present, that was indeed presented to the Trial Court, is appropriately reviewed by the Superior Court.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to review the records and even cite to the records on your brief, but the court sends the records to the appeals court. So you have to check them, but you do not send them off, the clerk of court does. So you need to go through the court records at the court to make sure everything is in there that needs to be sent.
Customer: replied 9 months ago.
If I find that there is a document missing in the Certified Record sent from the Trial Court to the Appeals Court, what action do I take to see that the missing document is added to the Certified Record? Is there a time limit to make corrections to the Certified Record?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You have to make a motion to the clerk to add the document and you have to make the motion within 30 days of submission of the record.
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