As amended through July 19, 2024
Rule 6.806 - Proceedings when the transcript is unavailable(1)Statement of the evidence or proceedings. A statement of the evidence or proceedings may be prepared to create a record of a hearing or trial for which a transcript is unavailable if a party deems it necessary to complete the record on appeal. The statement must be prepared from the best available means, including the parties' recollection. The statement must be filed with the clerk of the district court within 20 days after the filing of the notice of appeal or within 10 days after the party discovers the transcript of a proceeding is unavailable.(2)Objections to statement of evidence or proceedings. The opposing party may file with the clerk of the district court objections or proposed amendments to the statement of the evidence or proceedings within 10 days after service of the statement.(3)District court approval of the statement of evidence or proceedings. The statement of the evidence or proceedings and any objections or proposed amendments thereof must be submitted to the district court for settlement and approval. After considering the statement, any objections or proposed amendments, and its own recollections, the district court may conduct a hearing and compel any necessary persons to appear as witnesses, and may approve, reject, or revise the statement as it deems necessary to ensure the correctness and completeness of the record. The statement as settled and approved must be filed with the clerk of the district court and the clerk of the supreme court.Court Order October 31, 2008, effective 1/1/2009; March 5, 2013, effective 5/3/2013; Court Order November 18, 2016, effective 3/1/2017; Court Order September 29, 2023, effective 4/1/2024.