Rule 8.137. Settled statement
(a) Motion to use settled statement
(1)An appellant intending to proceed under this rule must serve and file in superior court with its notice designating the record on appeal under rule 8.121 a motion to use a settled statement instead of a reporter's transcript or both reporter's and clerk's transcripts.
(2)The motion must be supported by a showing that:
(A)A substantial cost saving will result and the statement can be settled without significantly burdening opposing parties or the court;
(B)The designated oral proceedings were not reported or cannot be transcribed; or
(C)The appellant is unable to pay for a reporter's transcript and funds are not available from the Transcript Reimbursement Fund (see rule 8.130(c)). A party proceeding in forma pauperis is deemed unable to pay for a transcript.
(3)If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007, and January 1, 2008.)
(b) Time to file; contents of statement
(1)Within 30 days after the superior court clerk sends, or a party serves, an order granting a motion to use a settled statement, the appellant must serve and file in superior court a condensed narrative of the oral proceedings that the appellant believes necessary for the appeal. Subject to the court's approval in settling the statement, the appellant may present some or all of the evidence by question and answer.
(2)If the condensed narrative describes less than all the testimony, the appellant must state the points to be raised on appeal; the appeal is then limited to those points unless, on motion, the reviewing court permits otherwise.
(3)An appellant intending to use a settled statement instead of both reporter's and clerk's transcripts must accompany the condensed narrative with copies of all items required by rule 8.122(b)(1), showing the dates required by rule 8.122(b)(2).
(4)Within 20 days after the appellant serves the condensed narrative, the respondent may serve and file proposed amendments.
(5)The proposed statement and proposed amendments may be accompanied by copies of any document includable in the clerk's transcript under rule 8.122(b)(3) and (4).
(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007, and January 1, 2008.)
(c) Settlement, preparation, and certification
(1)The clerk must set a date for a settlement hearing by the trial judge that is no later than 10 days after the respondent files proposed amendments or the time to do so expires, whichever is earlier, and must give the parties at least five days' notice of the hearing date.
(2)At the hearing, the judge must settle the statement and fix the times within which the appellant must prepare, serve, and file it.
(3)If the respondent does not object to the prepared statement within five days after it is filed, it will be deemed properly prepared and the clerk must present it to the judge for certification.
(4)The parties' stipulation that the statement as originally served or as prepared is correct is equivalent to the judge's certification.
Rule 8.137 amended effective January 1, 2016; repealed and adopted as rule 7 effective January 1, 2002; previously amended and renumbered as rule 8.137 effective January 1, 2007; previously amended effective January 1, 2008.