§ Rule 1.32 Correctness of transcript and amendment of record
Rule 1.32. Correctness of transcript and amendment of record
(a) Controversy Over Correctness of Transcript or Record. Issues involving the correctness of the transcript or of other materials to be included in the record shall be resolved by the trial court, if the dispute should arise before the record is transmitted to this court. If the dispute should arise after transmission of the record, this court shall designate the mode of
proceedings to resolve the issue.
(b) Correction of a Record Transmitted to Supreme Court. A record which has been transmitted to this court may be amended nunc pro tunc with leave of this court on application to the trial court. Notice of hearing the application shall be given to the opposite parties as the trial court may direct. After hearing the application, the trial court may order the record amended nunc pro tunc by adding any omitted instrument or by correcting any instrument contained in the transmitted record. The original application, notice, transcript of proceedings, if any were had, and the order amending the record, together with the original instruments ordered to be included, shall be listed and authenticated in a certificate of the clerk of the trial court and transmitted to the clerk of this court for incorporation into the record in this court. If the trial court should refuse to amend the record, the application, notice, transcript of proceedings, if any were had, and the trial court's order shall be transmitted to this court in the same manner.
Adopted July 10, 1996
Effective January 1, 1997