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This entry was published on 2014-09-22
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SECTION 1704
Settlement of case and return on appeal
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 17
§ 1704. Settlement of case and return on appeal.

(a) 1. When an appeal has been taken, the stenographer's original
transcript of minutes, if such minutes were taken, must be furnished to
the clerk within ten days after the fees therefor have been paid. If
testimony was given but stenographic minutes were not taken, the clerk
shall prepare minutes of the proceedings within thirty days after the
filing of the notice of appeal, such minutes to consist of a statement
sufficiently descriptive of the testimony to make possible appellate
review. Immediately upon receipt or preparation of the 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. If the clerk has prepared the minutes, he or she also shall
cause copies thereof to be served upon the attorneys for the appellant
and the respondent, or upon the appellant and the respondent if they do
not appear by attorney.

2. (i) If minutes were taken by a stenographer, within fifteen days of
receipt of a copy of the stenographic transcript of the minutes, 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 receipt of such
service, the respondent or the respondent's attorney shall make any
objections to the amendments proposed by the appellant and make such
further proposed amendments to the transcript as are deemed necessary,
and cause them to be served on the attorney for the appellant, or on the
appellant if he or she has not appeared by attorney.

(ii) If the clerk prepared the minutes, within fifteen days after the
date of receipt of a copy of such minutes, the attorneys for the
appellant and the respondent, or the appellant and the respondent if
they have not appeared by attorney, shall forward to the court any
proposed amendments to the minutes.

3. 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 justice who tried the
case. The clerk shall thereupon prepare a return, which shall contain
the summons or notice of petition, pleadings, evidence, judgment or
order, notice of appeal, opinion of the court, if any, and all other
papers necessary for appellate review of the judgment or order appealed
from. Within five days after the return day of the notice to settle the
case, the justice shall settle the same and indorse his or her
settlement on the return. In lieu of the justice settling the case and
indorsing his or her settlement on the return, the parties may stipulate
that the transcript (or the minutes prepared by the clerk, if
appropriate) together with the proposed amendments, if any, and all
other elements of the return are correct. The clerk shall thereupon
cause the return to be filed with the clerk of the appellate court.

(b) Where no testimony was taken, the return shall be filed with the
clerk of the appellate court within ten days after the filing of the
notice of appeal. Such return shall consist of the same papers and
proceedings specified in subdivision (a), except for the minutes therein
described. The authenticity of such papers shall be certified by the
clerk.

(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
minutes of the trial, as described in subdivision (a), shall be included
in the return and the provisions of that subdivision shall apply to such
an appeal.