Rule 10 The Record on Appeal.

(a) Composition of the Record on Appeal. The original papers and exhibits filed in the Superior Court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the Clerk of the Superior Court shall constitute the record on appeal in all cases. The Clerk of the Superior Court shall forward to the Supreme Court a certified copy of docket entries and a copy of the order or judgment being appealed upon receipt of a copy of the notice of appeal from the Clerk of the Supreme Court. The original complete record should only be transmitted upon request by the Supreme Court.

(b) The Transcript of Proceedings; Duty of Appellant to Order; Notice to Appellee if Partial Transcript Is Ordered.

(1) If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion. Within 14 days after filing the notice of appeal (or entry of the order disposing of the type of timely motion specified in Rule 5(a)(4) or 5(b)(1)), the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as the appellant deems necessary. Orders for transcripts and/or a certificate that a particular reporter’s transcript is not necessary shall be presented on the Transcript Purchase Order (TPO I) form provided by the Clerk of the Supreme Court and shall include the name of the reporter. No other form may be used. A single TPO form shall be submitted regardless of the number of reporters who participated in the proceeding being appealed. The TPO form shall specify which transcripts are being requested and which are not necessary, where a reporter recorded the proceeding on more than one day and one or more of those transcripts is not needed for appeal. Any unnecessary expense resulting from an ambiguous request will be the financial responsibility of the party making such request. Unless a party or attorney is exempt from electronic filing or the Supreme Court has disallowed e-filing in a particular case pursuant to Rule 40.2, the TPO form must be e-filed with the Supreme Court and served on the other parties to the action, the reporter(s), and the Clerk of the Superior Court in accordance with Rule 40.3.

(2) Unless the entire transcript is to be included, the appellant shall, within 14 days after filing the notice of appeal (or entry of the order disposing of the type of timely motion specified in Rule 5(a)(4) or 5(b)(1)), file a statement of the issues the appellant intends to present on the appeal and shall serve on the appellee a copy of the completed TPO. If the appellee deems additional transcript(s) or other parts of the proceedings to be necessary, the appellee shall, within 14 days after the service of the completed TPO form, file and serve on the appellant a designation of additional parts of the record to be included. Unless the appellant has ordered such parts within 14 days after service of such designation, and has so notified the appellee, the appellee may, within the following 14 days, either order the parts or file a motion in the Supreme Court for an order requiring the appellant to do so. If additional transcripts are needed, appellee shall file and serve a completed TPO form as indicated in subsection (1) of this Rule.

(3) At the time the transcript is ordered, a party must make satisfactory arrangements with the reporter for payment of the cost of the transcript.

(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 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 the appellant's recollection. The statement shall be served on the appellee within 14 days after filing the notice of appeal (or entry of the order disposing of the type of timely motion specified in Rule 5(a)(4)), and the appellee may serve objections or proposed amendments thereto within 14 days after service. If the parties are not able to resolve any differences in the statement of the evidence or proceedings, the Supreme Court may refer the statement and any objections or proposed amendments to the Superior Court for settlement of the differences and approval, and the statement, as settled and approved, shall be returned to the Clerk of the Supreme Court as the record on appeal.

(d) Agreed Statement of Facts 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 in the Superior Court and setting forth only so many facts averred and proved or sought to be proved as are essential to a decision of the issues presented.

(e) Correction or Modification of the Record. If any difference arises over whether the record truly discloses what occurred in the Superior Court, 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 Supreme Court, on proper suggestion or of its own initiative, or the Superior Court, either before or after the record is transmitted to the Supreme Court, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions about the form and content of the record shall be presented for decision to the Supreme Court.