(a) When the Circuit Court of Appeals orders the original records to be referred, the clerk of the part of the Court of First Instance that issued the appealed judgment, shall refer the same along with an index and a certification adequately identifying it, and shall serve notice thereof to the parties. The clerk shall have a term of thirty (30) days from the date of notice of the order of the Circuit Court of Appeals to refer the original record, unless the Circuit Court of Appeals extends such term.
(b) The original record shall be prepared and referred pursuant to these rules and to those approved by the Supreme Court. The term provided herein shall be extendible, for just cause, by order of the Circuit Court of Appeals, for a term not to exceed sixty (60) days, and pursuant to the rules approved by the Supreme Court. If the Clerk of the Court of First Instance has not remitted the original record within the term of the extension granted, the appellant shall immediately resort to the Circuit Court of Appeals for it to act as deems proper in support of its competence.
(c) If the appellant fails to arrange the remittal of the record of the petition in the form and terms provided herein, the appeal shall be deemed as abandoned, and can be dismissed by the Circuit Court of Appeals.
(d) It shall not be necessary for the Court of First Instance to approve the original record. If any discrepancy should arise as to whether the record faithfully reflects what has occurred in said court, it shall settle the dispute and conform the record to the truth. If by error or chance any portion of the record which may be material for any of the parties is omitted or stated mistakenly, the parties, by stipulation, or the Court of First Instance, before remitting the original record, by request of a party or on its own initiative, may remedy the omission or correct the error. When the Court of First Instance makes the correction it shall direct its clerk to certify and remit a supplementary record to the Circuit Court of Appeals. Any other matter related to the content and form of the record shall be set forth before the Circuit Court of Appeals.
(e) When there is more than one appeal in the same case, only one record shall be prepared without duplication. Any issue raised or stipulated by the parties shall be included therein.
History —Amended on Dec. 25, 1995, No. 249, § 26, eff. May 1, 1996.