Section 512.110

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

Effective - 28 Aug 1947   

  512.110.  Transcript of record — filing — contents — omissions. — 1.  Within the time prescribed by sections 512.130 and 512.140, the appellant shall cause the transcript on appeal, which may be in typewritten form, to be prepared and filed with the clerk of the proper appellate court; and within five days thereafter a copy of the transcript on appeal shall be filed with the clerk of the trial court, which copy shall remain on file in the office of said clerk.

  2.  The transcript on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented to the appellate court for decision by either appellant or respondent, except that at the direction of either party the transcript shall include all of the evidence in the case; provided however, that costs for any unnecessary part of the transcript which the appellate court finds has been unreasonably caused to be included in the transcript may be taxed against the party requiring its inclusion.  The parties may agree in writing upon an abbreviated or partial transcript of the record, proceedings and evidence, with the evidence either in narrative form or in question and answer form, or upon a statement of the case as provided in section 512.120.

  3.  If the parties agree that the transcript correctly includes all of the record, proceedings and evidence, it need not be approved by the trial court.  If an abbreviated transcript is used, it must be approved by the trial court, which may require any additions considered necessary fully to present the questions raised on appeal.  If there is any dispute concerning the correctness of any transcript, or any part thereof, or if the parties fail to agree within a reasonable time as to its correctness, the transcript shall be settled and approved by the trial court.  If anything material to either party is omitted from the transcript by error or accident or is inadvertently misstated therein, the parties by stipulation, or the trial court, before the transcript is filed in the appellate court, or the appellate court thereafter, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement shall be corrected and any such correction in the appellate court shall be certified by its clerk to the trial court.  The appellate court may, if it seems necessary, order that a supplemental transcript on appeal shall be prepared and filed by either party or by the clerk of the trial court including any additional part of the record, proceedings and evidence, or the clerk may be directed to send up any original documents or exhibits.

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(L. 1943 p. 353 § 135, A.L. 1947 V. II p. 219)