RULE OF APPELLATE PROCEDURE 9.5
           FILING AND SERVICE OF REPORT OF PROCEEDINGS -- OBJECTIONS


    (a) Generally. The party seeking review must file an agreed or narrative report
of proceedings with the clerk of the trial court within 60 days after the
statement of arrangements is filed. The court reporter or person authorized to
prepare the verbatim report of proceedings must file it within 60 days after
the statement of arrangements is filed and all named court reporters are
served.  If the proceeding being reviewed was recorded on videotape, the
transcript must be filed by the transcriber with the clerk of the trial court
within 60 days after the statement of arrangements is filed and all named court
reporters are served.

    (1) A party filing a brief must promptly forward a copy of the verbatim
report of proceedings with a copy of the brief to the party with the right to
file the next brief.  If more than one party has the right to file the next
brief, the parties must cooperate in the use of the report of proceedings.  The
party who files the last brief should return the copy of the report of
proceedings to the party who paid for it.

    (2) If the transcript was computer-generated, one diskette or compact disk
(using ASCII format with hard page returns) shall be filed with the original
verbatim report of proceedings and a second diskette or compact disk shall be
provided to the party who receives the verbatim report of proceedings.  The
party who files the last brief should return the diskette or compact disk to
the party who paid for the verbatim report of proceedings.

    (b) Filing and Service of Verbatim Report of Proceedings. If a verbatim report
of proceedings cannot be completed within 60 days after the statement of
arrangements is filed and served, the court reporter or authorized person
shall, no later than 10 days before the report of proceedings is due to be
filed, submit an affidavit to the party who ordered the report of proceedings
stating the reasons for the delay.  The party who requested the verbatim report
of proceedings should move for an extension of time from the appellate court.
The clerk will notify the parties of the action taken on the motion. When the
court reporter or authorized person files the verbatim report of proceedings, a
copy shall be provided to the party who arranged for transcription and either
the reporter or authorized person shall serve and file notice of the filing on
all other parties and the appellate court.  The notice of filing served on the
appellate court shall include a declaration that (1) the transcript was
computer generated and ASCII diskette or compact disk was filed or (2) the
transcript was not computer generated.  Failure to timely file the verbatim
report of proceedings and notice of service may subject the court reporter or
video transcriber or authorized person to sanctions as provided in rule 18.9.

    (c) Objections to Report of Proceedings. A party may serve and file objections
to, and propose amendments to, a narrative report of proceedings or a verbatim
report of proceedings within 10 days after receipt of the report of proceedings
or receipt of the notice of filing of the report of proceedings. If objections
or amendments to the report of proceedings are served and filed, any objections
or proposed amendments must be heard by the trial court judge before whom the
proceedings were held for settlement and approval, except objections to the
form of a report of proceedings, which shall be heard by motion in the
appellate court. The court may direct a party or a reporter or authorized
transcriber to pay for the expense of any modifications of the proposed report
of proceedings. The motion procedure of the court deciding any objections shall
be used in settling the report of proceedings.

    (d) Substitute Judge May Settle Report of Proceedings. If the judge before whom
the proceedings were held is for any reason unable to promptly settle questions
as provided in section (c), another judge may act in the place of the judge
before whom the proceedings were held.


[Amended December 5, 2002; September 1, 2007; amended effective September 1, 2010]