Rule 8.137 - Settled statement(a) DescriptionA settled statement is a summary of the superior court proceedings approved by the superior court. An appellant may either elect under (b)(1) or move under (b)(2) to use a settled statement as the record of the oral proceedings in the superior court, instead of a reporter's transcript.
(Subd (a) adopted effective January 1, 2018.)
(b) When a settled statement may be used(1) An appellant may elect in his or her notice designating the record on appeal under rule 8.121 to use a settled statement as the record of the oral proceedings in the superior court without filing a motion under (2) if: (A) The designated oral proceedings in the superior court were not reported by a court reporter; or(B) The appellant has an order waiving his or her court fees and costs.(2) An appellant intending to proceed under this rule for reasons other than those listed in (1) must serve and file in superior court with its notice designating the record on appeal under rule 8.121 a motion to use a settled statement instead of a reporter's transcript. (A) The motion must be supported by a showing that:(i) A substantial cost saving will result and the statement can be settled without significantly burdening opposing parties or the court;(ii) The designated oral proceedings cannot be transcribed; or(iii) Although the appellant does not have a fee waiver, he or she is unable to pay for a reporter's transcript and funds are not available from the Transcript Reimbursement Fund (see rule 8.130(c) ).(B) If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.(3) An appellant's notice under (1) or motion under (2) must: (A) Specify the date of each oral proceeding to be included in the settled statement;(B) Identify whether each proceeding designated under (A) was reported by a court reporter and, if so, for each such proceeding:(i) Provide the name of the court reporter, if known; and(ii) Identify whether a certified transcript has previously been prepared by checking the appropriate box on Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-003) or, if that form is not used, placing an asterisk before that proceeding in the notice.(4) If the designated oral proceedings in the superior court were reported by a court reporter: (A) Within 10 days after the appellant serves either a notice under (1) or a motion under (2), the respondent may serve and file a notice indicating that he or she is electing to provide a reporter's transcript in lieu of proceeding with a settled statement. The respondent must also either:(i) Deposit a certified transcript of all of the proceedings designated by the appellant under (3) and any additional proceedings designated by the respondent under rule 8.130(b)(3)(C); or(ii) Serve and file a notice that the respondent is requesting preparation, at the respondent's expense, of a reporter's transcript of all proceedings designated by the appellant under (3) and any additional proceedings designated by the respondent. This notice must be accompanied by either the required deposit for the reporter's transcript under rule 8.130(b)(1) or the reporter's written waiver of the deposit in lieu of all or a portion of the deposit under rule 8.130(b)(3)(A).(B) If the respondent timely deposits the certified transcript as required under (i), the appellant's motion to use a settled statement will be dismissed. If the respondent timely files the notice and makes the deposit or files the waiver as provided under (ii), the appellant's motion to use a settled statement will be dismissed and the clerk must promptly send the reporter notice of the designation and of the deposit, waiver, or both-and notice to prepare the transcript-as provided under rule 8.130(d). (Subd (b) relettered, renumbered, and amended effective January 1, 2018; adopted as subd (a); previously amended effective January 1, 2007, January 1, 2008 and January 1, 2016.)
(c)Time to file proposed statement(1) If the respondent does not file a notice under (b)(4)(A) electing to provide a reporter's transcript in lieu of proceeding with a settled statement, the appellant must serve and file a proposed statement in superior court within 30 days after filing its notice under (b)(1) or within 30 days after the superior court clerk sends, or a party serves, an order granting a motion under (b)(2).(2) Appellants who are not represented by an attorney are encouraged to file their proposed statement on Proposed Statement on Appeal (Unlimited Civil Case) (form APP-014). The court may order an appellant to use form APP-014. (Subd (c) amended and relettered effective January 1, 2018; adopted as subd (b); previously amended effective January 1, 2007, January 1, 2008, and January 1, 2016.)
(d)Contents of proposed statementThe proposed statement must:
(1) Contain a statement of the points the appellant is raising on appeal. If the condensed narrative under (2) covers only a portion of the oral proceedings, the appeal is then limited to the points identified in the statement unless the reviewing court determines that the record permits the full consideration of another point or, on motion, the reviewing court permits otherwise.(2) Contain a condensed narrative of the oral proceedings that the appellant specified under (b)(3). (A) The condensed narrative must include a concise factual summary of the evidence and the testimony of each witness relevant to the points that the appellant states under (1) are being raised on appeal. Subject to the court's approval in settling the statement, the appellant may present some or all of the evidence by question and answer. Any evidence or portion of a proceeding not included will be presumed to support the judgment or order appealed from.(B) If one of the points that the appellant states will be raised on appeal is a challenge to the giving, refusal, or modification of a jury instruction, the condensed narrative must include any instructions submitted orally and not in writing and must identify the party that requested the instruction and any modification.(3) Have attached to it a copy of the judgment or order being appealed. (Subd (d) adopted effective January 1, 2018.)(e) Respondent's response to proposed statementWithin 20 days after the appellant serves the proposed statement, the respondent may serve and file either:
(1) Proposed amendments to the proposed statement; or(2) A notice indicating that he or she is electing to provide a reporter's transcript in lieu of proceeding with a settled statement. The respondent must also either: (A) Deposit a certified transcript of all the proceedings specified by the appellant under (b)(3) of this rule and any additional proceedings designated by the respondent under rule 8.130(b)(3)(C); or(B) Serve and file a notice that the respondent is requesting preparation, at the respondent's expense, of a reporter's transcript of all proceedings specified by the appellant under (b)(3) of this rule and any additional proceedings designated by the respondent. This notice must be accompanied by either the required deposit for the reporter's transcript under rule 8.130(b)(1) or the reporter's written waiver of the deposit in lieu of all or a portion of the deposit under rule 8.130(b)(3)(A). (Subd (e) adopted effective January 1, 2018.)
(f)Review of appellant's proposed statement(1) No later than 10 days after the respondent files proposed amendments or the time to do so expires, whichever is earlier, a party may request a hearing to review and correct the proposed statement. No hearing will be held unless ordered by the trial court judge, and the judge will not ordinarily order a hearing unless there is a factual dispute about a material aspect of the trial court proceedings.(2) The trial court judge may order that a transcript be prepared as the record of the oral proceedings instead of correcting a proposed statement on appeal if the trial court proceedings were reported by a court reporter, the trial court judge determines that doing so would save court time and resources, and the court has a local rule permitting such an order. The court will pay for any transcript ordered under this subdivision.(3) Except as provided in (2), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions: (A) If the proposed statement does not contain material required under (d), the trial court judge may order the appellant to prepare a new proposed statement. The order must identify the additional material that must be included in the statement to comply with (d) and the date by which the new proposed statement must be served and filed. If the appellant does not serve and file a new proposed statement as directed, the appellant will be deemed to be in default, and rule 8.140 will apply.(B) If the trial court judge does not issue an order under (A), the judge must either: (i) Make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the evidence and the testimony of each witness relevant to the points that the appellant states under (d)(1) are being raised on appeal; or(ii) Identify the necessary corrections and modifications, and order the appellant to prepare a statement incorporating these corrections and modifications.(4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date. No later than 10 days after the hearing, the trial court judge must either:(A) Make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the evidence and the testimony of each witness relevant to the points that the appellant states under (d)(1) are being raised on appeal; or(B) Identify the necessary corrections and modifications and order the appellant to prepare a statement incorporating these corrections and modifications.(5) The trial court judge must not eliminate the appellant's specification of grounds of appeal from the proposed statement. (Subd (f) amended and relettered effective January 1, 2018; adopted as subd (c).)
(g)Review of the corrected statement(1) If the trial court judge makes any corrections or modifications to the proposed statement under (f), the clerk must serve copies of the corrected or modified statement on the parties. If under (f) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court. If the appellant does not serve and file a corrected or modified statement as directed, the appellant will be deemed to be in default and rule 8.140 will apply.(2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.(3) Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the trial court judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties. The procedures in (2) or in (f)(3) apply if the trial court judge determines that further corrections or modifications are necessary to ensure that the statement is an accurate summary of the evidence and the testimony of each witness relevant to the points that the appellant states under (d)(1) are being raised on appeal. (Subd (g) adopted effective January 1, 2018.)
(h)Certification of the statement on appeal(1) If the trial court judge does not order the preparation of a transcript under (f)(2) in lieu of correcting the proposed statement or order any corrections or modifications to the proposed statement under (f)(3), (f)(4), or (g)(3), the judge must promptly certify the statement.(2) The parties may serve and file a stipulation that the statement as originally served under (c) or as corrected or modified under (f)(3), (f)(4), or (g)(3) is correct. Such a stipulation is equivalent to the judge's certification of the statement.(3) Upon certification of the statement under (1) or receipt of a stipulation under (2), the certified statement must immediately be transmitted to the clerk for filing of the record under rule 8.150. (Subd (h) adopted effective January 1, 2018.)
Rule 8.137 amended effective 1/1/2018; repealed and adopted as rule 7 effective 1/1/2002; previously amended and renumbered as rule 8.137 effective 1/1/2007; previously amended effective 1/1/2008, and1/1/2016.