Who is involved in preparing the Record on Appeal?

The defendant’s appellate lawyer prepares the Record on Appeal and then serves it on the prosecutor who handled the initial trial. The prosecutor can: (1) agree to the Record; (2) object to parts of the Record; or (3) move to add information to the Record. After receiving the Record, a prosecutor has 21 days to respond in a non-capital case or 35 days in a capital case.