Appellate Record

Many times a party who wins at the trial level tries to drive up the costs of the opposing party by designating the entire record as necessary to an appeal.  The Rules provide that only the amount necessary to the issues on appeal are to be designated.  If the opposing party insists on using the entire record, that a look at Rule 10 of the Mississippi Rules of Appellate Procedure.  Appellate Rule 10(b)(4) states that the appellant has to pay for any additional portions of the record designated by the defense unless the appellant obtains from the trial court an order requiring the appellant to pay the expense.   The opposing party having to explain why certain parts of a record are necessary when they are not often stops this.