Rule 9. The record on appeal.
     (a) Composition of the record on appeal. The original papers and exhibits filed in the district court, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the district court shall constitute the record on appeal in all cases. It is the duty of a party seeking review of a judgment, order or proceeding to present the supreme court with a record sufficient to enable it to rule upon the issues raised. Failure to present the court with a sufficient record on appeal may result in dismissal of the appeal and/or the imposition of some other appropriate sanction.
     (b) The transcript of proceedings -- duty of appellant to order -- notice to respondent if partial transcript is ordered -- costs of producing. Absent a stipulation filed with the clerks of the supreme court and the district court pursuant to Rule 54(c), within 10 days after filing the notice of appeal the appellant shall order from the reporter a transcript of all of the proceedings not already on file for inclusion in the record. The order shall be in writing and within the same period a copy shall be filed with the clerk of court. Any attorney who orders a transcript of the evidence shall be personally liable for the payment of the costs of the transcript.
     If the appellant determines, on the basis of the issues raised on appeal, that the entire transcript is not necessary, the appellant shall, within the 10 days above provided order only such parts of the proceedings not already on file as the appellant deems necessary and also file and serve on the respondent a description of the parts of the transcript which the appellant determines to be unnecessary and which it intends to exclude from the record along with a statement of the issues which appellant intends to present on the appeal. If the respondent deems a transcript of the parts of the proceedings to be excluded to be necessary, the respondent shall within 10 days after such filing and service order such parts from the reporter or file and serve notice on the appellant in writing of respondent's intention to procure, at a date, time and place certain within 10 days of such notice, an order from the district court requiring the appellant to so do.
     On failure of the appellant to file and serve notice of its intention to exclude parts of the transcript within the time provided herein, it shall be presumed that appellant will, at its cost, order a transcript of all of the proceedings not already on file. On failure of the respondent to order excluded parts of the transcript or to procure an order from the district court within the times provided herein, it shall be presumed that respondent concurs in appellant's decision to exclude portions of the transcript.
     Except as provided in subsection (c) of this rule, the cost of producing the transcript shall be paid by the appellant, or the appellant shall make satisfactory arrangements with the reporter for the payment of such cost; but, if the appellant considers that any part of the record designated by the respondent for inclusion is unnecessary for the determination of the issues presented, the appellant shall advise the respondent, and the district court may impose upon the respondent the cost of producing any part which it deems unnecessary for the determination of the issues.
     The reporter shall certify the correctness of the transcript.
     (c) Transcript of proceedings in criminal cases--defendants without financial means--petition in supreme court.
     (1) Upon imposition of any sentence in a criminal case, a defendant may file in the trial court a petition requesting that the defendant be furnished with a transcript of the proceedings at defendant's trial. The petition shall be verified by the petitioner and shall state facts showing that the petitioner is at the time of filing the petition without financial means to pay for the transcript. If the trial judge who imposed sentence or in the trial judge's absence any judge of the court finds that the defendant is without financial means with which to obtain the transcript of the proceedings at defendant's trial, the judge shall order the official court reporter to transcribe an original and copy of the reporter's notes of the proceedings at the trial. The original of the report of proceedings shall be filed with the clerk of the trial court, and the copy shall be delivered to the defendant without charge.
     (2) If the petition provided for in subsection (1) is denied by the trial court, a petition so to proceed may be filed in the supreme court within 30 days after entry of the denial. The petition shall be accompanied by a copy of the verification filed in the trial court and a copy of the statement of reasons for denial given by the trial court.
     (d) Statement of the evidence or proceedings when no report was made or when the transcript is unavailable. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may, within 10 days from the hearing or trial or such time extended as the district court may for good cause shown permit, 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 respondent, who may serve objections or propose amendments thereto within 10 days after service. Thereupon, the statement and any objections or proposed amendments shall be submitted for settlement and approval to the district judge who handled the proceedings, and as settled and approved shall be included by the clerk of the district court in the record on appeal. A judge may settle and approve such record after such judge ceases to be a judge. If such judge before the statement is settled and approved dies, is removed from office, becomes disqualified, is absent from the state, or refuses to settle and approve the statement, it shall be settled and approved in such manner as the supreme court may direct.
     (e) Agreed statement as the record on appeal. In lieu of the record on appeal as defined in subdivision (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 district 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 court may consider necessary fully to present the issues raised by the appeal, shall be approved by the district court and shall then be certified to the supreme court as the record on appeal and transmitted thereto by the clerk of the district court within the time provided by Rule 10. Copies of the agreed statement may be filed as the appendix required by Rule 25.
     (f) Correction or modification of the record. If any difference arises as to whether the record truly discloses what occurred in the district 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 district court, either before or after the record is transmitted to 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.

     History: En. Sup. Ct. Ord. 11020, Dec. 10, 1965, eff. Jan. 1, 1966; amd. Sup. Ct. Ord. 10750-10, Oct. 22, 1971, eff. Jan. 1, 1972; amd. Sup. Ct. Ord. June 16, 1986, eff. Jan. 19, 1987; amd. Sup. Ct. Ord. May 1, 1990, eff. May 1, 1990; amd. Sup. Ct. Ord. Mar. 26, 1993; amd. Sup. Ct. Ord. June 30, 1994; amd. Sup. Ct. Ord. 95-300, April 15, 1996, eff. Oct. 1, 1996.