Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5525
Preparation and settlement of transcript; statement in lieu of transcript
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
Rule 5525. Preparation and settlement of transcript; statement in lieu
of transcript. (a) Preparation of transcript. Where a stenographic
record of the proceedings is made, the appellant, within the time for
taking the appeal, shall serve upon the stenographic reporter a request
for a transcript of the proceedings and, unless the appellant is the
state or any political subdivision of the state or an officer or agency
of the state or of any political subdivision of the state, shall deposit
a sum sufficient to pay the fee. As soon as possible after receiving
such notice the reporter shall serve upon the appellant the ribbon copy
and a carbon copy of the typewritten transcript, or two copies of the
transcript if it is reproduced by any other means. The appellate
division in each department may by rule applicable in the department to
all appeals taken from judgments or orders entered in the department,
provide that only a ribbon copy of the typewritten transcript be
prepared and provide for the use of such copy by the parties and the
court.

(b) Omission of part of transcript. The parties may stipulate that
only a portion of the record be transcribed. No transcript is necessary
where a party appeals from a judgment entered upon a referee's report,
or a decision of the court upon a trial without a jury, and he relies
only upon exceptions to rulings on questions of law made after the case
is finally submitted.

(c) Settlement of transcript. 1. Within fifteen days after receiving
the transcript from the court reporter or from any other source, the
appellant shall make any proposed amendments and serve them and a copy
of the transcript upon the respondent. Within fifteen days after such
service the respondent shall make any proposed amendments or objections
to the proposed amendments of the appellant and serve them upon the
appellant. At any time thereafter and on at least four days' notice to
the adverse party, the transcript and the proposed amendments and
objections thereto shall be submitted for settlement to the judge or
referee before whom the proceedings were had if the parties cannot agree
on the amendments to the transcript. The original of the transcript
shall be corrected by the appellant in accordance with the agreement of
the parties or the direction of the court and its correctness shall be
certified to thereon by the parties or the judge or referee before whom
the proceedings were had. When he serves his brief upon the respondent
the appellant shall also serve a conformed copy of the transcript or
deposit it in the office of the clerk of the court of original instance
who shall make it available to respondent.

2. If the appellant has timely proposed amendments and served them
with a copy of the transcript on respondent, and no amendments or
objections are proposed by the respondent within the time limited by
paragraph 1, the transcript, certified as correct by the court reporter,
together with appellant's proposed amendments, shall be deemed correct
without the necessity of a stipulation by the parties certifying to its
correctness or the settlement of the transcript by the judge or referee.
The appellant shall affix to such transcript an affirmation, certifying
to his compliance with the time limitation, the service of the notice
provided by paragraph 3 and the respondent's failure to propose
amendments or objections within the time prescribed.

3. Appellant shall serve on respondent together with a copy of the
transcript and the proposed amendments, a notice of settlement
containing a specific reference to subdivision (c) of this rule, and
stating that if respondent fails to propose amendments or objections
within the time limited by paragraph 1, the provisions of paragraph 2
shall apply.

(d) Statement in lieu of stenographic transcript. Where no
stenographic record of the proceedings is made, the appellant, within
ten days after taking his appeal, shall prepare and serve upon the
respondent a statement of the proceedings from the best available
sources, including his recollection, for use instead of a transcript.
The respondent may serve upon the appellant objections or proposed
amendments to the statement within ten days after such service. The
statement, with objections or proposed amendments, shall be submitted
for settlement to the judge or referee before whom the proceedings were
had.

(e) Special rules prescribing time limitations in settlement of
transcript or statement in lieu thereof authorized. The appellate
division in each department may by rule applicable in the department
prescribe other limitations of time different from those prescribed in
subdivisions (c) and (d) for serving transcripts, or statements in lieu
of transcripts, and proposed amendments or objections, and for
submission thereof for settlement.