§ Rule 1.29 Designation of record where reversal is sought solely on ground of insufficiency of evidence to support verdict or judgment

Rule 1.29. Designation of record where reversal is sought solely on ground of insufficiency of evidence to support verdict or judgment

    If the party taking an appeal asserts as a ground for reversal that the evidence is insufficient to support the verdict or judgment, that party need not designate for transcription any of the evidence in the case, but instead may serve on the adverse party a statement specifying the material facts which allegedly were not proved. Within ten days after the receipt of such statement the opposing party shall file in the trial court, mail to the other parties in the case (or their counsel) and give to the court reporter a statement designating for transcription so much of the evidence as the opposing party relies upon to establish proof of the specified facts, at the cost of the appellant. If more evidence than necessary is designated for transcription, the trial court shall order the designated portions abbreviated or direct that the excess be transcribed at the cost of the designating party. The provisions of Rule 1.28(d), (e) and (f) shall apply to transcripts sought to be procured under this Rule. On failure of a party who did not appeal to designate for transcription, within the time limit provided herein, the evidence relied upon to establish the specified facts, appellant may move in this court for summary reversal of the decision sought to be reviewed.

    Adopted July 10, 1996

    Effective January 1, 1997