2.05.100 [Rule 8] Record on Appeal

(a) Composition of Record on Appeal; Transmission of Record

(1) The papers making up the record on appeal to the Appellate Court shall be on the original paper, exhibits and other objects filed with the Court Clerk or administrative agency, a reporter's transcript, the transcription of any electronic recording or narrative or agreed statement and copies of all entries. The Tribal Court Clerk or administrative agency shall make and retain copies of original papers, exhibits, and objects as are capable of being copied before transmittal to the Appellate Court.

(2) The Tribal Court Clerk shall number the items comprising the record, and shall transmit the record to the Appellate Court, together with an appropriate index listing the contents of the record and the number, within thirty (30) days from the date of filing the notice of appeal. The Tribal Court Clerk shall serve a copy of the index upon all parties to the appeal. If a time extension is desired, the appellant may obtain an order from the court extending the time for transmitting the record to not more than forty-five (45) days from the date of the first Notice of Appeal, application by the appealing party shall be made to the Appellate Court. The order for extension must be made before the extension of the period for transmittal as originally prescribed or as extended by previous order. If a transcript cannot be obtained within forty-five (45) days from the date of the first Notice of Appeal, application by the appealing party shall be made to the Appellate Court for relief.

(3) The parties to an appeal may agree by written stipulation that any portion of the record on appeal need not be transmitted to the Appellate Court. Either party may include copies of any of the papers making up the record on appeal as an appendix to their briefs.

(b) The Transcript of Proceedings; Duty of Appellant to Order; Notice of Appellee if Partial Transcript Is Ordered

(1) No later than ten (10) days after filing the Notice of Appeal, the appellant shall order from the court reporter or transcriber an original and one copy of a transcript, of such parts of the proceedings necessary for inclusion in the record. If the Appellant intends to argue on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the appellant shall include in the record a transcript of all evidence relevant to such finding or conclusion.

(2) Unless the entire transcript is to be included, the appellant shall, within the time provided in this section, Rule 8(b)(1), file a description of the parts of the transcript which he intends to include in the record and a concise statement of the issues he intends to present on appeal, a copy of which shall be served by appellant on appellee. If the appellee deems a transcript of other parts of the proceedings to be necessary, he shall within ten (10) days after the service of the statement of the appellant, file a designation of additional parts to be included. If the appellant refuses to order such parts, he shall within five (5) days notify the appellee in writing of such refusal. The appellee may either order the parts or apply to the Appellate Court for an order requiring the appellant to do so. At any time prior to the submission to the Appellate Court for a decision, a party may apply to the Appellate Court to include any additional part of the transcript.

(3) At the time of ordering, the party shall make satisfactory arrangement with the court reporter or transcriber for payment of the cost of the transcript and file a notice with the Appellate Court to that effect. Failure or delay in making satisfactory arrangements with the court reporter or transcriber shall be cause for such sanctions as the Appellate Court deems proper pursuant to Section 2.05.300, Rule 28.

(4) The appellant shall file an original and one copy of the transcript with the Tribal Court Clerk or administrative agency, within the period of time for transmitting the record stated in this section, Rule 8 (a). Notice of the filing of the transcript shall be served by the appellant upon the other parties to the appeal. If there is one appellee, the Court Clerk shall mail a copy of the transcript to him or her. If there is more than one appellee, the copy of the transcript shall remain with the Court Clerk and shall be available for the use of all appellees and shall be released to one of the appellees only upon stipulations of all the appellees, or upon order of the court.

(5) The transcript shall not contain voir dire of jurors, or any other matters preceding the impaneling of a jury, or the opening statements of counsel to the jury, or any part, unless requested by one of the parties to be contained in the transcript.

(6) The parties shall not include in the transcript any matter not essential to the decision of questions presented by the appeal. For any infraction of this Rule, the Appellate Court may impose sanctions pursuant to Section 2.05.300, Rule 28.

If a transcript is unavailable, the appellant may prepare and file with the Tribal Court or administrative agency a sworn narrative statement of the evidence or proceedings from the best available means, including appellant's recollection. The sworn statement shall be filed within thirty (30) days after filing the Notice of Appeal. The appellee may file objections or propose amendments within ten (10) days after service. If the appellant does not intend to file a sworn statement, he shall notify the appellee and the appellee may prepare and file a sworn statement within the time remaining, and the appellant may file objections or propose amendments within ten (10) days after service.

(d) Agreed Statements in Lieu of Transcript

In lieu of the transcript, the parties may stipulate and file an agreed statement in the Tribal Court or administrative agency setting forth evidence or proceedings as are essential to a decision of the issues presented on appeal which shall be filed within thirty (30) days after filing the Notice of Appeal.

(e) Correction or Modification of the Record

If a dispute arises as to whether the record discloses what actually occurred in the Tribal Court or in the administrative proceeding, the difference shall be submitted to and settled by that court or agency, and the record made to conform to the truth. If material is omitted from the record by error or accident or is misstated, the parties upon stipulation, or the Tribal Court upon motion, may direct that the omission or misstatement be corrected. An amended record shall be transmitted to the Appellate Court.

(f) Several Appeals

When more than one appeal is taken from the same judgment, a single transcript (or narrative statement of the evidence or agreed statement) shall be prepared containing all the matters designated or agreed upon by the parties, without duplication.

(g) Certification of Copies of Relevant Portions of Original Record of Preliminary Hearing in the Appellate Court

If prior to the time the record is transmitted, a party files a motion for dismissal, for a stay pending appeal, or for any intermediate order, that party or the party responding to the motion, shall attach to the motion a copy of those portions of the original record which are relevant. The Tribal Court Clerk or administrative agency shall attach to the copy a certification stating that the attached portions of the record are true copies of the Tribal Court or administrative record.