Rule 10 - The record on appeal(a)Composition of the Record on Appeal. Except as otherwise provided in subsection (c), the papers and exhibits filed in the trial court and the transcript of proceedings or electronic sound recordings thereof, if any, shall constitute the record on appeal in all cases.(b)The Transcript of Proceedings.(1)Duty of Appellant to Order; Notice to Appellee if Partial Transcript Is Ordered. Except as provided for in Rule 35(e) with respect to cases eligible for mediation, within twenty (20) days after filing the notice of appeal the appellant shall order from the reporter a transcript of such parts of the proceedings not already on file as the appellant deems necessary for inclusion in the record. Unless the entire transcript is to be included, the appellant shall, within the time above provided, file and serve on the appellee a description of the parts of the transcript which the appellant intends to include in the record and a statement of the specific points upon which the appellant intends to rely on the appeal. If the appellee deems a transcript of other parts of the proceedings to be necessary, the appellee shall immediately order such parts from the reporter or procure an order from the trial court requiring appellant to do so. The ordering and payment of the copies of the transcript shall be in accordance with the rules of the trial court. Every volume of transcript prepared hereunder shall contain an index of witnesses and exhibits and, where applicable, in actions tried without a jury, a reference to the page upon which the final decision of the trial judge commences.(2)Filing of the Transcript. Upon completion of the transcript, the person who prepared the transcript shall transmit it forthwith to the office designated by the rules of the trial court for ordering transcripts. If that office is not the clerk of the court, then an agent of such office shall deliver the transcript to the clerk of the court for transmission with the record. When the stenographer or other proper party completes and delivers the transcript to the trial court, the stenographer or other party shall notify the person who ordered the transcript that it has been completed and delivered to the trial court for docketing on the lower court case.(c)Proceedings Pending in the Superior, Family, or District Court. When further proceedings are pending in the Superior, Family, or District Court over aspects of the case not involving the appeal or petition for review, the papers and exhibits filed in the trial court as designated by the parties, along with the transcript contemplated by subsection (b)(1), shall constitute the record on appeal. Within twenty (20) days after filing the notice of appeal or petition for review, the appellant shall arrange for the clerk to transmit such parts of the papers and exhibits as the appellant deems necessary for inclusion in the record. Unless the entire record is to be included, or the parties agree otherwise in a writing filed with the Supreme Court, the appellant shall, within the time above provided, file and serve on the appellee a description of the parts of the papers and exhibits which the appellant intends to include in the record and a statement of the orders or rulings that the appellant intends to appeal. If the appellee deems other parts of the papers and exhibits to be necessary, the appellee shall immediately arrange for the clerk to certify such parts or procure an order from the trial court requiring the appellant to do so and serve on the appellant a description of the other papers and exhibits to be included in the record on appeal. Copies of the descriptions shall be filed with the Supreme Court. The ordering and payment of certified copies shall be in accordance with the rules of the trial court.(d)Statement of the Evidence of Proceedings When no Report was Made or When the Transcript is Unavailable. If no report or recording of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection. The statement shall be served on the appellee, who may serve objections or propose amendments thereto within ten (10) days after service. Thereupon the statement and any objection or proposed amendment shall be submitted to the trial court for settlement and approval and as settled and approved shall be included by the clerk of the trial court in the record on appeal.(e)Agreed Statement as the Record on Appeal. In lieu of the record on appeal as defined in subsections (a) and (c) of this rule, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the statement conforms to the truth, it, together with such additions as the trial court may consider necessary fully to present the issues raised by the appeal, shall be approved by the trial court and shall then be certified to the Supreme Court as the record on appeal and transmitted thereto by the clerk of the trial court within the time provided by Rule 11. Copies of the agreed statement may be filed as the appendix required by Rule 17.(f)Correction or Modification of the Record. 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 that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the Supreme Court, or the Supreme Court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the Supreme Court.(g)Exhibits. Whenever an exhibit is part of the record on appeal and has not been filed electronically with the trial court, the original thereof shall be certified and transmitted by the clerk, except that by stipulation or by order of the trial court upon motion and good cause shown a copy thereof may be substituted.Amended effective 6/19/2020; Revised 10/1/2023.