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 1704
Settlement of case and return on appeal
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 17
§ 1704. Settlement of case and return on appeal.

(a) When an appeal has been taken, the stenographer's original
transcript of minutes must be furnished to the clerk within ten days
after the fees therefor have been paid. Immediately upon receiving such
minutes the clerk shall cause notice of that fact to be sent to the
attorney for the appellant, or to the appellant if he or she has not
appeared by attorney. Within fifteen days after receiving the transcript
from the clerk, or from any other source, the appellant or the
appellant's attorney shall make any proposed amendments and cause them
to be served, together with a copy of the transcript, on the attorney
for the respondent, or on the respondent if he or she has not appeared
by attorney. Within fifteen days after such service, the respondent or
the respondent's attorney shall make any proposed amendments to the
transcript or objections to the proposed amendments of the appellant and
cause them to be served on the appellant's attorney or on the appellant
if he or she has not appeared by attorney. The appellant or his or her
attorney shall then procure the case to be settled on a written notice
of at least four days to the clerk and to the attorney for the
respondent or to the respondent if he or she has not appeared by
attorney, returnable before the judge who tried the case. The clerk must
thereupon make a return to the appellate court, which must contain the
summons or notice of petition, pleadings, evidence, judgment and all
other necessary papers and proceedings, and have annexed thereto the
opinion of the court, if any, and the notice of appeal. The judge before
whom the case was tried shall within five days from the date of the
submission to the court of the case on appeal, settle the case and
indorse his or her settlement on the return. In lieu of the judge
settling the case and indorsing his or her settlement on the return, the
parties may stipulate that the transcript together with the proposed
amendments, if any, and all other elements of the return are correct.
The clerk must thereupon cause the return to be filed with the clerk of
the appellate court. After a judge is out of office he or she may settle
the case in any action or proceeding tried before him or her and may be
compelled by the appellate court so to do.

(b) Where no testimony was taken and a settlement of a case is not
required, the return shall be made by the clerk forthwith upon filing
the notice of appeal. Such return shall contain the judgment or order
appealed from and all the original papers upon which the judgment or
order was rendered or made, duly authenticated by the certificate of the
clerk having the custody thereof, or copies thereof duly certified by
such clerk, and shall have annexed thereto the opinion of the court, if
any, and the notice of appeal.

(c) Upon an appeal from an order granting or denying a motion for a
new trial, upon the ground of fraud or newly discovered evidence, the
stenographer's minutes of the trial shall be included in the return of
the clerk and the provisions of subdivision (a) of this section shall
apply to such an appeal.