Ind. Appellate Rule 31

Available

Effective July 1, 2016

A. Party's Statement of Evidence.

If no Transcript of all or part of the evidence is available, a party or the party's attorney may

prepare a verified statement of the evidence from the best available sources, which may

include the party's or the attorney's recollection. The party shall then file a motion to certify

the statement of evidence with the trial court or Administrative Agency. The statement of

evidence shall be submitted with the motion.

B. Response.

Any party may file a verified response to the proposed statement of evidence within fifteen

(15) days after service.

C. Certification by Trial Court or Administrative Agency.

Except as provided in Section D below, the trial court or Administrative Agency shall, after a

hearing, if necessary, certify a statement of the evidence, making any necessary modifications

to statements proposed by the parties. The certified statement of the evidence shall become

part of the Clerk's Record.

D. Controversy Regarding Action of Trial Court Judge or Administrative

Officer.

If the statements or conduct of the trial court judge or administrative officer are in controversy, and the trial court judge or administrative officer refuses to certify the moving

party's statement of evidence, the trial court judge or administrative officer shall file an affidavit setting forth his or her recollection of the disputed statements or conduct. All verified

statements of the evidence and affidavits shall become part of the Clerk's Record.