Rule 10 The Record on Appeal

(a) Composition of the Record on Appeal. The following items constitute the record on appeal:

(1) The original papers and exhibits filed in the Superior Court;

(2) The transcript of proceedings, if any; and

(3) A certified copy of the docket entries prepared by the Superior Court clerk.

(b) The Transcript of Proceedings. The transcript of proceedings shall be prepared pursuant to Rule 11-1.

(c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable. If the 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 submitted to the Superior Court for settlement and approval. As settled and approved, the statement must be included by the Superior Court clerk in the record on appeal.

(d) Agreed Statement as the Record on Appeal. In place of the record on appeal as defined in Rule 10(a), the parties may prepare, sign, and submit to the Superior Court a statement of the case showing how the issues presented by the appeal arose and were decided in the Superior Court. The statement must set forth only those facts averred and proved or sought to be proved that are essential to the Court’s resolution of the issues. If the statement is truthful, it—together with any additions that the Superior Court may consider necessary for a full presentation of the issues on appeal—must be approved by the Superior Court and must then be certified to this Court as the record on appeal. The Superior Court clerk must then send it to the Clerk within the time provided by Rule 11. A copy of the agreed statement may be filed in place of the appendix required by Rule 30.

(e) Correction or Modification of the Record.

(1) If any difference arises about whether the record truly discloses what occurred in the Superior Court, the difference must be submitted to and settled by that 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;

(B) By the Superior Court before or after the record has been forwarded; or

(C) By this Court.

(3) All other questions as to the form and content of the record must be presented to this Court.