The Record On Appeal

(a) Composition of Record on Appeal. The following items constitute the record on appeal: (1) the documents and exhibits filed in the district court, including the notice of appeal as filed in Odyssey by the clerk of the supreme court; (2) an electronic copy of the transcript in portable document format (PDF) , if any; and (3) certification prepared by the clerk of district court stating what constitutes the record filed in the district court. (b) Order for Transcript of Proceeding. (1) Appellant's Duty to Order. If an appeal is taken in a case in which an evidentiary hearing was held, the appellant must order a transcript of the proceedings as follows: (A) an electronic copy of the transcript in portable document format (PDF) for filing with the district court as part of the record; (B) one copy of the transcript for each self-represented party and each party separately represented; (C) a complete transcript, unless a stipulation is obtained from all affected parties specifying the portions that are not required for the purposes of the appeal; (D) a transcript of any record of jury voir dire is not required, unless specifically requested by a party; and (E) the order for a transcript, and a copy of the stipulation of excluded portions, if applicable, must be filed with the clerk of the supreme court with the notice of appeal. (2) Information for Order. An order for a transcript must include the following information: (A) the caption of the case; (B) the date or dates of trial; (C) the number of copies required; and (D) the names and addresses or e-mail addresses of the parties to be served and whether they are to be served with portable document format (PDF) or paper copies. (3) Unreasonable Refusal to Stipulate. If a party affected by the appeal unreasonably refuses to stipulate to exclude from the transcript portions of the record not necessary to the resolution of the issues raised by the appellant, the party proposing the stipulation may apply to the district court for an order requiring the refusing party to pay for the unnecessary portions of the transcript and reasonable attorney's fees for making the application. (4) Clerk of District Court to Transmit Order. Within seven days after an order for transcript is filed and any required docket fee is paid, the clerk of the supreme court must electronically transmit the order to the clerk of district court. The clerk of district court must promptly electronically transmit the order to the district court staff designated by the district court to oversee preparation of the transcript. (c) Preparation of Transcript. (1) Time for Furnishing Transcript. Within 60 days after the date the order for transcript is electronically transmitted by the clerk of district court, the district court staff must oversee preparation of the transcript and file it electronically with the clerk of district court in portable document format (PDF) unless an extension of time is received under subdivision (d). In expedited appeals, the district court staff must promptly oversee preparation of the transcript and file it electronically with the clerk of the supreme court unless otherwise directed by the supreme court or file the audio recording as allowed by Rule 2.1 or 2.2. (2) Submission of Transcript. (A) The district court staff must serve and file the transcript as follows: (i) a copy of the transcript must be served on each party designated in the order for transcript; (ii) proof of service of the transcript must be filed with the district court; and (iii) an electronic copy of the transcript in portable document format (PDF) must be filed with the district court as part of the record. (B) In an appeal of the determination of an administrative agency, the agency must file an electronic copy of the transcript in portable document format (PDF) or electronically transmit the transcript to the clerk of the supreme court unless the agency certifies the transcript was not prepared on a computer or word processor. (3) Financial Arrangements. The appellant or a party obligated under paragraph (b)(3) to pay transcription costs must provide advance payment for the estimated cost of preparing the transcript within 14 days of being sent a written estimate of the cost. If the appellant or obligated party fails to make the advance payment within 14 days after service of the demand, the district court staff must suspend preparation of the transcript until paid. (d) Extension of Time. (1) Good Cause. If the transcript is not filed within 60 days after the order for transcript is electronically transmitted to the district court staff, the district court for good cause shown may extend the time for completion of the transcript. If preparation of the transcript has been suspended for failure of any party to make a timely advance payment upon demand, the supreme court for good cause shown by the party responsible for the delay, may extend the time for completion of the transcript, on such terms as the court may order. (2) Request for Extension. A request for an extension of time must be made within the time originally prescribed or within an extension previously granted for completion of the transcript. A district court may not extend the time for more than 90 days after the order for transcript is electronically transmitted to the district court staff. If the district court is without authority to grant the relief sought or has denied a request for an extension of time, the supreme court may on motion for good cause shown extend the time for completion of the transcript beyond the time allowed or fixed. If a request for an extension of time has been previously denied, the motion must set forth the denial and state the reasons for the denial, if any were given by the district court. (e) Form of Transcript. Each transcript must conform to the requirements of this Rule, Rules 31(b)(2) and 32 except as otherwise provided: (1) lines must be numbered on the left margin; (2) each page may not contain more than 27 lines or less than 25 lines; (3) the left margin may not be more than 1 3/4 inches wide; (4) the right margin may not be more than 3/8 inches wide; (5) each question and answer must begin on a new line; (6) an indentation for a new speaker or paragraph may not be more than 10 spaces from the left margin; (7) each volume must be indexed as to every witness and exhibit; (8) each page must be numbered consecutively; (9) the accuracy of the transcript must be certified by the person transcribing the audio recording. (f) Statement of Evidence When Proceedings Not Recorded or When Transcript Unavailable. If a transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection. The statement must be served on the appellee, who may serve objections or proposed amendments within 14 days after being served. The statement and any objections or proposed amendments must then be filed with the district court for settlement and approval. As settled and approved, the statement must be filed with the clerk of the supreme court by the appellant within 60 days after the notice of appeal is filed. (g) Agreed Statement as Record on Appeal. In place of the record on appeal as defined in subdivision (a), the parties may prepare, sign, and file with the district court a statement of the case showing how the issues presented by the appeal arose and were decided in the district court. The statement must set forth only those facts averred and proved or sought to be proved that are essential to the supreme court's resolution of the issues. If the statement is truthful, it, together with any additions that the district court may consider necessary to a full presentation of the issues on appeal, must be approved by the district court and must then be certified to the supreme court as the record on appeal. The clerk of district court must then file the statement with the supreme court within the time provided by Rule 11 . (h) Correction or Modification of Record. (1) If any difference arises about whether the record truly discloses what occurred in the district court, the difference must be submitted to and settled by the district court and the record conformed accordingly. (2) If anything material to either party is omitted from or misstated in the record by error or accident, the omission or misstatement may be corrected and a supplemental record may be certified and forwarded: (A) on stipulation of the parties; or (B) by the district court before or after the record has been forwarded. The supreme court, on proper suggestion or of its own initiative, may direct that an omission or misstatement be corrected, and, if necessary, that a supplemental record be certified and transmitted. All other questions as to the form and content of the record must be presented to the supreme court.