Rule 10 The Record on Appeal
Rule Text
(a) Composition of the Record of Appeal. The original papers and exhibits filed in the trial division, land and titles division, or district court, the transcript of proceedings, if any, and if ordered by either party, and a certified copy of the docket entries prepared by the clerk of court shall constitute the record on appeal in all cases.
(b) The Transcript of Proceedings; Duty of Appellate to Order; Notice to Appellee if Partial Transcript is Ordered.
(1) Within 10 days after receiving the reporter’s or clerk’s estimate the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as he deems necessary. The order shall be in writing and within the same period a copy shall be filed with the clerk of court and served on the appellate. If no such parts of the proceedings are to be ordered, within the same period the appellant shall file a certificate to that effect.
(2) If the appellant intends to urge on appeal that a finding or conclusions is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion.
(3) Unless the entire transcript is to be included, the appellant shall, within the 10 days time provided in (b)(1) of this rule, file a statement of the issues he intends to present on the appeal and shall on the appellee a copy of the order or certificate and of the statement. If the appellee deems a transcript of other parts ofthe proceedings to be necessary, he shall within 10 days after the service of the order or certificate and the statement of the appellant, file and serve on the appellant a designation of additional parts to be included. Unless within 10 days after service of such designation the appellant has ordered such parts, and has so notified the appellee, the appellee may within the following 10 days either order the parts or move in the trial division, land and titles division or district court for an order requiring the appellant to do so.
(4) At the time of ordering, a party must deposit an amount of cash equal to the estimated cost with the reporter. The deposit is subject to revision by the reporter when the transcript is completed. Counsel must file a copy of the reporter’s receipt with the clerk of court. By order of the High Court, the cost may be raised to match that in the United States District Court, Honolulu, Hawaii, but in no event shall it be less than $.50 per page. Where the appellant orders the transcript and there are only two parties, the appellant must order and pay for the original and two copies of the transcript. the original will remain in the court’s case file open to public inspection at the Courthouse. Appellant will deliver a copy to appellee and retain a copy. Where there is only one appellant and more than one appellee, the appellant must order and pay for a copy for each appellee. Where there is more than one appellant in a case, each must order and pay for one copy of the transcript and pay a proportionate share of the cost of the original transcript and a copy for each appellee. Costs of transcripts may be taxed in accordance with 54(d) TCRCP. If an appellant is represented by the Public Defender’s Office or the Office of the Attorney General, then the estimated cost of the transcript need not be deposited as the time of ordering the transcript; rather, upon completion of the transcript, the court reporter is to transmit written notice of the cost of the transcript to the appellant’s counsel, and payment of the cost is to be made as timely as practicable.
(5) The appellate division may on its own motion or motion by either party dismiss the appeal for failure of a party to comply with any of the aboveprovisions.
(c) Statement of the Evidence or Proceedings; When No Report Was Made or When the Transcript Is Unavailable. If no report of the evidence or proceedings at a hearing on report or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including recollection. The statement shall be served on the appellee, who may serve objections or propose amendments thereto within 10 days after service. There upon the statement and any objections or proposed amendments shall be submitted to the trial court for settlement and approval and as settled and approved shall be included by the clerk of court in the record on appeal.
(d) Agreed Statement As the Record On Appeal. In lieu of the record on appeal as defined in subdivision (a) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided below and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the statement conforms to the truth, it, together with such additions as the court below may consider necessary fully to present the issues raised by the appeal, shall be approved by the court below and shall then be certified to the appellate division as the record on appeal and transmitted thereto by the clerk of court within the time provided by 11 ACR. Copies of the agreed statement may be filed as the appendix pursuant 30 ACR.
(e) Correction or Modification of the Record. If any difference arises as to whether the record truly discloses what occurred in the court below, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the court below, either before or after the record is transmitted to the appellate division, or the appellate division on proper suggestion or of its own initiative, may direct that the 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 shall be presented to the appellate division. Effective April 27, 1982.