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Rules of the Supreme Court

PART VI — THE RECORD ON REVIEW

  • 57Responsibility for the record
  • 58Composition, transmission, and certification of the record
  • 59Correction, supplementation, and a missing recording or transcript
  • 60Confidential record material and the record appendix

PART VI — THE RECORD ON REVIEW

Rule 59. Correction, supplementation, and a missing recording or transcript

Cite asRid. R. Sup. Ct. 59Official text at page 26

In this rule

  • (a)Correction of misstatement
  • (b)Omitted item
  • (c)Motion in Supreme Court
  • (d)Missing recording or transcript
  • (e)Disputed transcription
  • (f)Judicial notice
  • (g)Lost record
(a)§

Correction of misstatement

If the record inaccurately reports what occurred below, the parties may stipulate to a correction, or the lower tribunal may settle the dispute after notice. The Supreme Court retains authority to resolve the record for purposes of review.

(b)§

Omitted item

If an item presented below was omitted by error or accident, the lower-court Clerk may transmit it with a supplemental certification. Supplementation may not introduce evidence that was never before the lower tribunal.

(c)§

Motion in Supreme Court

A motion to correct or supplement must:

1.§

identify the item;

2.§

explain how and when it entered the lower proceeding;

3.§

attach available proof;

4.§

state the other parties’ positions; and

5.§

propose a method that preserves authenticity.

(d)§

Missing recording or transcript

If no usable recording or transcript exists, the appellant must prepare a statement of the material proceeding from the best available sources within five days after learning of the omission. The appellee may object or propose amendments within three days after service of the statement. The lower tribunal must settle and approve an accurate statement.

(e)§

Disputed transcription

A party disputing a transcript must identify the exact timestamp or line and provide the proposed correction. The Court may consult the original recording, request neutral transcription, or remand for settlement.

(f)§

Judicial notice

The Court may take judicial notice only as permitted by the Ridgeway Rules of Evidence. The parties must receive an opportunity to address notice unless the fact is beyond reasonable dispute and no prejudice can result.

(g)§

Lost record

If a material record cannot be reconstructed through no fault of the appellant, the Court may remand for reconstruction, order a new proceeding when law permits, or grant other relief necessary to protect appellate review. No remedy is automatic.

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