Rule 8.834. Reporter's transcript
(1)A notice designating a reporter's transcript under rule 8.831 must specify the date of each proceeding to be included in the transcript and may specify portions of the designated proceedings that are not to be included.
(2)If the appellant designates less than all the testimony, the notice must state the points to be raised on the appeal; the appeal is then limited to those points unless, on motion, the appellate division permits otherwise.
(3)If the appellant serves and files a notice under 8.831 designating a reporter's transcript, the respondent may, within 10 days after such service, serve and file a notice in the trial court designating any additional proceedings the respondent wants included in the reporter's transcript.
(4)The clerk must promptly mail a copy of each notice to the reporter. The copy must show the date it was mailed.
(b) Deposit or waiver
(1)Within 10 days after the clerk mails a notice under (a)(4), the reporter must file the estimate with the clerk-or notify the clerk in writing of the date that he or she notified the appellant directly-of the estimated cost of preparing the reporter's transcript.
(2)Within 10 days after the clerk notifies the appellant of the estimated cost of preparing the reporter's transcript or within 10 days after the reporter notifies the appellant directly-the appellant must deposit with the clerk an amount equal to the estimated cost or file with the clerk a waiver of the deposit signed by the reporter. The clerk must then promptly notify the reporter to prepare the transcript.
(c) Contents of reporter's transcript
(1)The reporter must transcribe all designated proceedings and must note in the transcript where any proceedings were omitted and the nature of those proceedings. The reporter must also note where any exhibit was marked for identification and where it was admitted or refused, identifying such exhibits by number or letter.
(2)The reporter must not transcribe the voir dire examination of jurors, any opening statement, or the proceedings on a motion for new trial, unless they are designated.
(3)If a party designates a portion of a witness's testimony to be transcribed, the reporter must transcribe the witness's entire testimony unless the parties stipulate otherwise.
(4)The reporter must not copy any document includable in the clerk's transcript under rule 8.832.
(d) Filing the reporter's transcript; copies; payment
(1)Within 20 days after the clerk notifies the reporter to prepare the transcript under (b)(2)-or the reporter receives the fees from the appellant-the reporter must prepare and certify an original of the reporter's transcript and file it in the trial court. The reporter must also file one copy of the original transcript or more than one copy if multiple appellants equally share the cost of preparing the record.
(2)When the transcript is completed, the reporter must bill each designating party at the statutory rate and send a copy of the bill to the clerk. The clerk must pay the reporter from that party's deposited funds and refund any excess deposit or notify the party of any additional funds needed. In a multiple reporter case, the clerk must pay each reporter who certifies under penalty of perjury that his or her transcript portion is completed.
(3)If the appeal is abandoned or is dismissed before the reporter has filed the transcript, the reporter must inform the clerk of the cost of the portion of the transcript that the reporter has completed. The clerk must pay that amount to the reporter from the appellant's deposited funds and refund any excess deposit.
(e) Notice when proceedings cannot be transcribed
(1)If any portion of the designated proceedings were not reported or cannot be transcribed, the trial court clerk must so notify the designating party by mail; the notice must show the date it was mailed.
(2)Within 10 days after the notice under (1) is mailed, the designating party must notify the court whether the party elects to proceed with or without a record of the oral proceedings that were not reported or cannot be transcribed. If the party elects to proceed with a record of these oral proceedings, the notice must specify which form of the record listed in rule 8.830(a)(2) other than a reporter's transcript the party elects to use. The party must comply with the requirements applicable to the form of the record elected.
(3)This remedy supplements any other available remedies.
Rule 8.834 adopted effective January 1, 2009.