R.I. Sup. Ct. R. Art. I, R. 10

(a) Composition of the Record on Appeal. The papers and exhibits filed in the

trial court and the transcript of proceedings or electronic sound recordings thereof,

if any, shall constitute the record on appeal in all cases.

(b) The Transcript of Proceedings.

(1) Duty of Appellant to Order; Notice to Appellee if Partial Transcript Is

Ordered. Except as provided for in Rule 35(e) with respect to cases eligible for

mediation, within twenty (20) days after filing the notice of appeal the appellant shall

order from the reporter a transcript of such parts of the proceedings not already on

file as the appellant deems necessary for inclusion in the record. Unless the entire

transcript is to be included, the appellant shall, within the time above provided, file

and serve on the appellee a description of the parts of the transcript which the

appellant intends to include in the record and a statement of the specific points upon

which the appellant intends to rely on the appeal. If the appellee deems a transcript

of other parts of the proceedings to be necessary, the appellee shall immediately

order such parts from the reporter or procure an order from the trial court requiring

appellant to do so. The ordering and payment of the copies of the transcript shall be

in accordance with the rules of the trial court. Every volume of transcript prepared

hereunder shall contain an index of witnesses and exhibits and, where applicable, in

actions tried without a jury, a reference to the page upon which the final decision of

the trial judge commences.

(2) Filing of the Transcript. Upon completion of the transcript, the person who

prepared the transcript shall transmit it forthwith to the office designated by the rules

of the trial court for ordering transcripts. If that office is not the clerk of the court,

then an agent of such office shall deliver the transcript to the clerk of the court for

transmission with the record. When the stenographer or other proper party completes

and delivers the transcript to the trial court, the stenographer or other party shall

notify the person who ordered the transcript that it has been completed and delivered

to the trial court for docketing on the lower court case.

(c) Statement of the Evidence of Proceedings When no Report was Made or When

the Transcript is Unavailable. If no report or recording of the evidence or

proceedings at a hearing or trial was made, or if a transcript is unavailable, the

appellant may prepare a statement of the evidence or proceedings from the best

available means, including the appellant’s recollection. The statement shall be

served on the appellee, who may serve objections or propose amendments thereto

within ten (10) days after service. Thereupon the statement and any objection or

proposed amendment shall be submitted to the trial court for settlement and approval

and as settled and approved shall be included by the clerk of the trial court in the

record on appeal.

(d) Agreed Statement as the Record on Appeal. In lieu of the record on appeal as

defined in subsection (a) of this rule, the parties may prepare and sign a statement of

the case showing how the issues presented by the appeal arose and were decided in

the trial court and setting forth only so many of the facts averred and proved or

sought to be proved as are essential to a decision of the issues presented. If the

statement conforms to the truth, it, together with such additions as the trial court may

consider necessary fully to present the issues raised by the appeal, shall be approved

by the trial court and shall then be certified to the Supreme Court as the record on

appeal and transmitted thereto by the clerk of the trial court within the time provided

by Rule 11. Copies of the agreed statement may be filed as the appendix required by

Rule 17.

(e) Correction or Modification of the Record. If any difference arises as to

whether the record truly discloses what occurred in the trial court, the difference

shall be submitted to and settled by that court and the record made to conform to the

truth. If anything material to either party is omitted from the record by error or

accident or is misstated therein, the parties by stipulation, or the trial court, either

before or after the record is transmitted to the Supreme Court, or the Supreme Court,

on proper suggestion or of its own initiative, may direct that the omission or

misstatement be corrected, and if necessary that a supplemental record be certified

and transmitted. All other questions as to the form and content of the record shall be

presented to the Supreme Court.

(f) Exhibits. Whenever an exhibit is part of the record on appeal and has not been

filed electronically with the trial court, the original thereof shall be certified and

transmitted by the clerk, except that by stipulation or by order of the trial court upon

motion and good cause shown a copy thereof may be substituted.