Rule RAP 25 - Unavailable or Omitted Proceedings(A)Narrative statement.(1) In the event no official record of the evidence or proceedings at a hearing or trial was made or, if made, is not clearly understandable from the recording, the appellant may prepare a narrative statement of the evidence or proceedings from the best available means, including appellant's recollection, for use as a supplement to or in lieu of an insufficient official record. This statement shall be served on all opposing counsel who participated below who may serve objections or proposed amendments to the trial court within 10 days after service. Both parties may attach affidavits or other documents to support their statements, objections, or proposed amendment.(2) The proposed narrative statements, with the objections or proposed amendments, shall be submitted to the trial court for settlement and approval and, as settled and approved, shall be included in the record on appeal.(3) The adequacy of the narrative statement to allow for a full and fair review may be raised in the appellate court.(4) By agreement of the parties and approval by the trial court, a narrative statement of all or any part of the evidence or other proceedings at a hearing or trial may be substituted for or used in lieu of an official recording.(5) Any statement approved by the trial court, or any order refusing to approve a narrative statement, shall be included in the record on appeal. Once a narrative statement has been approved, or an order entered refusing to do so, it shall be certified as part of the original record on appeal or as a supplemental record on appeal and immediately transmitted by the clerk of the trial court to the clerk of the appellate court.(B)Effect of Omitted Record. The appellate court shall not consider any claim or contention which is based upon a portion of the record below that has not been made part of the record before the appellate court. The record may, however, be corrected or modified as set forth in the following sections (C), (D), and (E)(C)Circuit Clerk May Correct Record. If material properly designated by a party is omitted from the record by error or accident, the party may notify the circuit clerk who shall file a supplemental certification and transmit that omitted portion of the record to the appellate court without further order of that court.(D)Power of the Court to Correct or Modify the Record.(1) If any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by the trial court.(2) If anything material to either party is omitted from the record on appeal by error or accident or is misstated therein, the parties by agreement, or the trial court, either before or after the record is transmitted to the appellate court, or the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary that a supplemental record shall be certified and transmitted by the clerk of the trial court.(3) All other questions as to the content and form of the record shall be presented to the appellate court.(E)Deadlines Run from Original Certification. All appellate deadlines determined by the date of certification of the record on appeal run from the original notice of certification under RAP 26(B)(5), not any supplemental certification, correction, or modification of the record under this rule, unless otherwise ordered by the appellate court, except in criminal cases in which RAP 30(D)(2) applies.Adopted by order 2022-49, eff. 1/1/2023.