Posted: August 20, 2025
Rules of Appellate Procedure – Comment Period Closed October 6, 2025
URAP011. The record on appeal. Amend. The Committee proposes amending Rule 11 to remove paragraphs (d) and (e). Parties do not use paragraph (d) and paragraph (e) creates a difficult procedure with a short deadline for appellees served with an appellant’s prepared statement or recollection.
URAP038A. Withdrawal of counsel. Amend. The Committee proposes amending Rule 38A to: 1) add that an attorney may not withdraw from a case if there is a motion pending in the appellate court; and 2) clean up language for clarity and consistency.
URAP55A. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. New. The Committee proposes the creation of Rule 55A to add a procedure for filing a motion to remand for ineffective assistance of counsel claims in child welfare cases.
This comment is from the Judiciary’s Transcript Office.
Re: Changes proposed for URAP 11 (d)(e)
In the transcript office, Rule 11(e) is often used for members of the public who are unable to afford the transcripts required for their appeals. When this situation arises, I refer them to this rule and advise them to obtain the audio, transcribe the hearing themselves, and submit the transcript to the court for acceptance as the official transcript. Without this rule, there is no alternative route for people with a low income to obtain all the necessary evidence to support their appeal.
(e) Statement of evidence or proceedings when no report was made or when transcript is unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, or if the appellant is impecunious and unable to afford a transcript in a civil case, the appellant may prepare a statement of the evidence or proceedings from the best available means, including recollection. The statement must be served on the appellee, who may serve objections or propose amendments within 14 days after service. The statement and any objections or proposed amendments must be submitted to the trial court for resolution, and the trial court clerk will conform the record to the trial court’s resolution.
Rule 11(d) is often used in the transcript office when the audio recording doesn’t capture everything that was said, and the court reporter has to insert (inaudible) throughout the transcript. Ethically, court reporters can only transcribe what they hear, so when this situation arises, I advise Attorneys to look at this rule. If they believe that they know what was said, and both parties can agree, they can document the areas they think can be corrected and submit a motion to supplement the record with the proposed changes. Without this rule, the sections of the record that were unintelligible, due to audio issues, would remain with no way to correct the record transcript.
(d) Agreed statement as the record on appeal. In lieu of the record on appeal as defined in paragraph (a) of this rule, the parties may prepare and sign a statement of the case, showing how the issues presented by the appeal arose and were decided in the trial court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the court deems the statement accurate, it, together with such additions as the trial court may consider necessary fully to present the issues raised by the appeal, will be approved by the trial court. The trial court clerk will transmit the statement to the appellate court clerk within the time prescribed by Rule 12(b)(2). The trial court clerk will transmit the record to the appellate court clerk on the trial court’s approval of the statement.