Rule 73.1.Deposit for fees and costs of appeals

Following the docketing of an appeal under Rule 73, the Clerk demands and receives from the appellant, by a day certain, a deposit the court deems necessary to defray the fees and costs of preparing the record — including an estimated amount for the certified transcript of testimony where one is required.

The consequence of not paying. In default of the deposit, no services are performed by the Clerk in preparing the record for appeal. Stated plainly, and worth reading twice: an appeal does not advance while the deposit is outstanding.

It is held, not spent. The Clerk applies the deposit to fees and costs as they fall due and returns any balance once the record is complete. If it runs out, the Clerk demands enough more to cover further services before performing them.

The deposit is not a filing fee and not a penalty. It is money held against expense that will actually be incurred, chiefly the transcript, and the rule puts that expense on the party who chose to appeal. Read it alongside Rule 112, which is where a litigant who cannot afford court costs goes.