Rule 33. Record On Agreed Statement
Effective January 1, 2016
A. Applicability.
The procedure in this Rule may be used only by the agreement of all the parties that the issues presented by the appeal are capable of resolution without reference to a Clerk's Record or Transcript.
B. Content.
The agreed statement of the record shall set forth only so many of the facts proved or sought to be proved as are essential to a decision of the questions by the Court on Appeal. The agreed statement shall include:
(1) a copy of the appealed judgment or order;
(2) a copy of the Notice of Appeal with its filing date;
(3) a statement of how the issues arose in the trial court or Administrative Agency; and
(4) the signatures of all parties or their attorneys.
C. Certification by Trial Court or Administrative Agency.
The parties shall submit the agreed statement of the record to the trial court or the Administrative Agency, which shall certify it if it is accurate and adequate for resolution of the issues presented by the appeal. The trial court may amend or supplement the agreed statement with the consent of all parties before certification.
D. Transmission to the Court on Appeal.
The agreed statement of the record shall be a part of the Clerk's Record. The appellant shall include the agreed statement of the record in an Appendix to the appellant's brief. See Rule 50.
E. Extensions of Time.
Use of this procedure does not automatically extend any appellate deadline, but extensions of time may be sought under Rule 35.