appellant relies; a copy of the judgment or appealable order; and a copy of the

notice of appeal with its filing date. The statement shall be filed with the trial court within 45 days of filing the notice of appeal. The trial court shall, within 15 days, enter its order adopting the statement, or promptly set it for hearing to resolve any disputes. The order and statement shall be included by the clerk of the trial court in the record on appeal. If the trial court is unable to settle the record within 15 days, the judge shall notify the appellate court clerk, trial court clerk and the parties of the delay and anticipated date of completion. History: Amended July 26, 2006, effective December 1, 2006; amended April 6, 2015, effective July 1, 2015. Source. — Former Rule 76, W.R.C.P. The 2006 amendment, inserted the last clause of the fourth sentence and added the fifth sentence. Statement of case not appropriate to provide factual record. — Where the appel- lant filed a statement of the case ostensibly pursuant to Rule 3.08, but he apparently in- tended to provide a factual record, a statement of evidence pursuant to Rule 3.03 would have been the appropriate method. Parsons v. Par- sons, 2001 WY 62, 27 P.3d 270, 2001 Wyo. LEXIS 79 (Wyo. 2001). Failure to provide statement of evi- dence. — When the mother filed a second motion to modify child custody just nine days after the first motion to modify custody was decided, the district court dismissed the second motion on the basis of res judicata; because the record on appeal did not include a transcript or statement of the evidence presented at the hearing in accordance with this rule, the Su- preme Court of Wyoming accepted the district court’s finding that the issues the mother pre- sented in her second motion were identical to those decided by the first order. Stephens v. Lavitt, 2010 WY 129, 239 P.3d 634, 2010 Wyo. LEXIS 138 (Wyo. 2010).