Skip to main content
  • Rule 17. Appeal with no record; duty of parties and lower court to develop record

  • (a) If no audio recording or transcript of the proceedings is available, the appellant shall prepare a statement of the evidence and proceedings within 30 days of the filing of the notice of appeal. The appellant shall serve the statement upon the appellee and file the statement and certification with the lower court. The appellee has 15 days from receipt of the statement to file objections and amendments. The lower court judge who presided over the case shall review the statement, objections and amendments, order corrections, and certify the corrected statement to the court of appeals within 15 days of receipt.

    (b) If the issues on appeal are mutually agreed upon, the parties may file a statement of the evidence and proceedings with the lower court clerk. The lower court judge who presided over the case on appeal shall review the statement for accuracy, order corrections, and certify to the court of appeals the corrected statement within 15 days of receipt.

    (c) If the lower court judge who presided over the case is no longer available, the chief judge of the lower court may certify the record if all parties agree that the record and the statement of evidence and proceedings are correct. If the parties cannot agree, the case shall be remanded for a hearing de novo.