512.110. Transcript of record--filing--contents--omissions. - Missouri Statutes

Transcript of record--filing--contents--omissions.

512.110. 1. Within the time prescribed by sections 512.130and 512.140, the appellant shall cause the transcript on appeal,which may be in typewritten form, to be prepared and filed withthe clerk of the proper appellate court; and within five daysthereafter a copy of the transcript on appeal shall be filed withthe clerk of the trial court, which copy shall remain on file inthe office of said clerk.

2. The transcript on appeal shall contain all of the record,proceedings and evidence necessary to the determination of allquestions to be presented to the appellate court for decision byeither appellant or respondent, except that at the direction ofeither party the transcript shall include all of the evidence inthe case; provided however, that costs for any unnecessary partof the transcript which the appellate court finds has beenunreasonably caused to be included in the transcript may be taxedagainst the party requiring its inclusion. The parties may agreein writing upon an abbreviated or partial transcript of therecord, proceedings and evidence, with the evidence either innarrative form or in question and answer form, or upon astatement of the case as provided in section 512.120.

3. If the parties agree that the transcript correctlyincludes all of the record, proceedings and evidence, it need notbe approved by the trial court. If an abbreviated transcript isused, it must be approved by the trial court, which may requireany additions considered necessary fully to present the questionsraised on appeal. If there is any dispute concerning thecorrectness of any transcript, or any part thereof, or if theparties fail to agree within a reasonable time as to itscorrectness, the transcript shall be settled and approved by thetrial court. If anything material to either party is omittedfrom the transcript by error or accident or is inadvertentlymisstated therein, the parties by stipulation, or the trialcourt, before the transcript is filed in the appellate court, orthe appellate court thereafter, on a proper suggestion or of itsown initiative, shall direct that the omission or misstatementshall be corrected and any such correction in the appellate courtshall be certified by its clerk to the trial court. Theappellate court may, if it seems necessary, order that asupplemental transcript on appeal shall be prepared and filed byeither party or by the clerk of the trial court including anyadditional part of the record, proceedings and evidence, or theclerk may be directed to send up any original documents orexhibits.

(L. 1943 p. 353 § 135, A.L. 1947 V. II p. 219)