§ 81.15 Certification of Record on Appeal

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81.15. Certification of Record on Appeal

    (a) Except as provided in Rule 81.15(c), the legal file shall be certified by the clerk of the trial court to consist of true copies of portions of the trial record, proceedings, and evidence previously reduced to writing and filed in the trial court.

    (b) If the trial proceedings are recorded by a court reporter present at the time of such proceedings, the transcript thereof shall be certified by the court reporter as a true and accurate reproduction of the proceedings transcribed. If the trial proceedings are recorded by means of a electronic sound recording, the transcript thereof shall be certified by the transcriber as a true and accurate reproduction of the sound recording.

    (c) The legal file certified as provided in Rule 81.15(a) and the transcript certified as provided in Rule 81.15(b) shall be filed by the clerk of the appellate court without need for the parties to approve them. The filing of the legal file or the transcript shall not operate as a waiver by the filing party of the right to dispute the correctness thereof as provided in Rule 81.15(d). If the parties agree in a writing filed with the appellate court that either the legal file or the transcript is, or that both the legal file and the transcript are, true and accurate, certification shall not be required of that part of the record on appeal on which such agreement is reached, and that part of the record on appeal shall be filed by the clerk of the appellate court.

    (d) If there is any dispute concerning the completeness of the record on appeal, additional parts of the record on appeal may be filed pursuant to Rule 81.12(c), or the record on appeal may be supplemented pursuant to Rule 81.12(f). If there is any dispute concerning the correctness of any legal file or transcript, the party disputing the correctness thereof shall designate in writing to the appellate court those portions of the legal file or transcript that are disputed. Such designation shall be filed with the appellate court within fifteen days after the legal file or the transcript, whichever is in dispute, is filed. The appellate court, either on application or on its own motion, may enlarge the time within which any such designation shall be filed. The appellate court shall direct the trial court to settle the dispute and to certify the correct contents of such portion to the appellate court, and such certification by the trial court shall become a part of the record on appeal.

    (e) The provisions of this Rule 81.15 relating to certification and correctness of the record on appeal shall apply also to any additional parts of the record filed pursuant to Rule 81.12(c) and to any supplemental record filed pursuant to Rule 81.12(f).