Rule 81.15 – Record on Appeal – Uncertified or Disputed Record

May 13, 2021 | Civil Procedure, Missouri

(a)Uncertified Record. 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.
(b) Disputes about the Record. 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. 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. 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 15 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.

Mo. R. Civ. P. 81.15

Adopted June 1, 1993, eff. Jan. 1, 1994. Amended February 8, 2010, eff. July 1, 2010; repealed and readopted May 19, 2016, eff. Jan. 1, 2017.