(a) Clerk’s Record. Except when an appendix is filed under Rule 34.5a, the trial court clerk is responsible for preparing, certifying, and timely filing the clerk’s record if:
-
(1) a notice of appeal has been filed, and in criminal proceedings, the trial court has certified the defendant's right of appeal, as required by Rule 25.2(d); and
-
(2) the party responsible for paying for the preparation of the clerk’s record has paid the clerk's fee, has made satisfactory arrangements with the clerk to pay the fee, or is entitled to appeal without paying the fee.
(b) Reporter’s Record. The official or deputy reporter is responsible for preparing, certifying, and timely filing the reporter’s record if:
-
(1) a notice of appeal has been filed;
-
(2) the appellant has requested that the reporter’s record be prepared; and
-
(3) the party responsible for paying for the preparation of the reporter’s record has paid the reporter’s fee, or has made satisfactory arrangements with the reporter to pay the fee, or is entitled to appeal without paying the fee.
(c) Courts to Ensure Record Timely Filed. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. The appellate court may extend the deadline to file the record if requested by the clerk or reporter. Each extension must not exceed 30 days in an ordinary or restricted appeal, or 10 days in an accelerated appeal. The appellate court must allow the record to be filed late when the delay is not the appellant’s fault, and may do so when the delay is the appellant’s fault. The appellate court may enter any order necessary to ensure the timely filing of the appellate record.