§ 1704 — Settlement of case and return on appeal

§ 1704. Settlement of case and return on appeal. (a) When an appeal\nhas been taken as herein prescribed, the stenographer's original\ntranscript of minutes must be furnished to the clerk within ten days\nafter the fees therefor have been paid. Immediately upon receiving such\nminutes the clerk shall cause notice of that fact to be sent to the\nattorney for the appellant, or to the appellant if he or she has not\nappeared by attorney. Within fifteen days after receiving the transcript\nfrom the clerk, or from any other source, the appellant or the\nappellant's attorney shall make any proposed amendments and cause them\nto be served, together with a copy of the transcript, on the attorney\nfor the respondent, or on the respondent if he or she has not appeared\nby attorney. Within fifteen days after such service, the respondent or\nthe respondent's attorney shall make any proposed amendments to the\ntranscript or objections to the proposed amendments of the appellant and\ncause them to be served on the appellant's attorney or on the appellant\nif he or she has not appeared by attorney. The appellant or his or her\nattorney shall then procure the case to be settled on a written notice\nof at least four days to the clerk and to the attorney for the\nrespondent or to the respondent if he or she has not appeared by\nattorney, returnable before the judge who tried the case. The clerk must\nthereupon make a return to the appellate court, which must contain the\nsummons or notice of petition, pleadings, evidence, judgment and all\nother necessary papers and proceedings, and have annexed thereto the\nopinion of the court, if any, and the notice of appeal. The judge before\nwhom the case was tried shall within five days from the date of the\nsubmission to the court of the case on appeal, settle the case and\nindorse his or her settlement on the return. In lieu of the judge\nsettling the case and indorsing his or her settlement on the return, the\nparties may stipulate that the transcript together with the proposed\namendments, if any, and all other elements of the return are correct.\nThe clerk must thereupon cause the return to be filed with the clerk of\nthe appellate court. After a judge is out of office he or she may settle\nthe case in any action or proceeding tried before him or her and may be\ncompelled by the appellate court so to do.\n (b) Where no testimony was taken and a settlement of a case is not\nrequired, the return shall be made by the clerk forthwith upon filing\nthe notice of appeal. Such return shall contain the judgment or order\nappealed from and all the original papers upon which the judgment or\norder was rendered or made, duly authenticated by the certificate of the\nclerk having the custody thereof, or copies thereof duly certified by\nsuch clerk, and shall have annexed thereto the opinion of the court, if\nany, and the notice of appeal.\n (c) Upon an appeal from an order granting or denying a motion for a\nnew trial, upon the ground of fraud or newly discovered evidence, the\nstenographer's minutes of the trial shall be included in the return of\nthe clerk and the provisions of subdivision (a) of this section shall\napply to such an appeal.\n