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Rule 389. Transcript: Duty of Clerk on Receiving (1981)


If the transcript, properly endorsed, is received by the clerk, he shall endorse his filing thereon showing the date of its reception, and shall notify path the appellant and the adverse party of the receipt of the transcript. If the transcript or any supplemental transcript is not so properly endorsed, he shall without filing it make a memorandum upon it of the date of its reception and keep it in his office subject to the order of the person who sent it or to the disposition of the court, at the same time notifying in writing the person who sent it why the clerk does not file it. The transcript shall not be filed until a proper showing has been made to the court for its not being properly endorsed, and upon this being done it may be ordered by the court to be filed, if the rules have been complied with, upon such terms as may be deemed proper, laving respect to the rights of the opposite party.

Amended by order of June 10, 1980, eff. Jan. 1, 1981: Since filing the transcript is no longer a matter of jurisdiction, references to the required time for filing the record are deleted.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Dec. 5, 1983, eff. April 1, 1984
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986