Bliss v. Brown

Citations

• 78 Kan. 467
• 96 P. 945
• 1908 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Transcript—Incorporation in the Record — Procedure. Under the provision of chapter 320 of the Laws of 1905, a party who desires to cause the evidence taken in an action to be made a part of the record may do so in the following manner: (1) By obtaining a certified transcript of the evidence from the official stenographer and filing it with the clerk of the district court where the trial occurred. (2) By giving notice in writing of such filing to the adverse parties or their attorneys of record, as provided in section 3 of such chapter. (3) The adverse parties, if they find the transcript, incorrect, may, within fifteen days after it has been filed, suggest amendments thereto, and present the same, after five days’ notice to the adverse party, to the judge who tried the case for settlement, after which it will become a part of the record. (4) If no objections be made to the transcript within fifteen days after it has been filed with the clerk, it will become a part of the record without further action. (5) After the evidence has been made a part of the record in this manner it must be included in every transcript of the record of such action. (6) If the party preparing such transcript so desires he may, without waiting for the expiration of the fifteen days, upon notice to the adverse parties or their attorneys of record, present the transcript for settlement to the judge who tried the case, and, if the adverse parties consent thereto, such settlement will be deemed the same in effect as if done at their suggestion. (7) The certificate of the stenographer is sufficient to authenticate the transcript of the evidence in the first instance; if it is subsequently settled by the judge, his certificate is sufficient to authenticate it as a full, true and complete transcript; and a transcript of the record which includes the settled transcript of the evidence, certified by the clerk in the form prescribed by the rules of this c