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Rule 336. Transcript on Appeal (1962)


The party desiring to appeal, within ten days from the date of rendition of the decision, order, decree or judgment appealed from, shall file with the county clerk a written direction as to the matters which he deems necessary to a review of the county court ruling appealed from, to be included in a transcript. Within five days after receipt of a copy of such direction any other interested party may so file a written direction to include in the tran­script additional portions of the proceedings. The county clerk shall thereupon immediately prepare under his hand and seal of the court a transcript consisting of a true copy of the proceedings so designated. The appealing party shall file such transcript with the clerk of the district court within thirty days from the date of rendition of the decision, order, decree or judgment so appealed from. Provided, that the filing of a motion in the county court within such thirty day period, or within five days thereafter, showing good cause therefor, such court may grant a reasonable extension of time in which to file such record, or any part thereof.

Whenever the county judge is of the opinion that original papers or exhibits should be sent to the district court, either in lieu of a transcript or in connection therewith, he may make such order therefor, and for the safekeeping, transmittal and return thereof as he deems proper. The district court may by like order direct the county clerk to send to it any original paper or exhibit deemed necessary for purposes of review.

If the county judge shall order original papers or exhibits sent to the district court in lieu of a transcript, a certified copy of such order, together with such papers and exhibits, shall be transmitted by the coun­ty clerk to the district clerk within thirty days from the date of rendition of the decision, order, decree or judgment appealed from.

Defects or irregularities in the procedure incident to the appeal, either of form or substance, may be corrected or amended after the record has ben filed, and reasonable time to do so shall be allowed by the district court, but no enlargement of the time for filing the record except as contemplated by this rule, not enlargement of time prohibited by Rule 5, shall be allowed.

Note: Rule 336 formerly dealt with notice of appeal in guardianship proceedings. Its source was Art. 4319. Amended by order of April 12, 1962, eff. Sept. 1, 1962, Rules 332 to 339, inclusive, are rewritten and rearranged to establish uniform procedures applicable to appeals in both estate and guardianship proceedings. The provisions of Rule 336 are adapted from Rules 376, 379, 385, and 437. Previous note regarding original Rule 336 has been deleted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Repealed by order of July 22, 1975, eff. Jan. 1, 1976