512.110. Transcript of record — filing — contents — omissions. — 1. Within the time prescribed by sections 512.130 and 512.140, the appellant shall cause the transcript on appeal, which may be in typewritten form, to be prepared and filed with the clerk of the proper appellate court; and within five days thereafter a copy of the transcript on appeal shall be filed with the clerk of the trial court, which copy shall remain on file in the office of said clerk.
2. The transcript on appeal shall contain all of the record, proceedings and evidence necessary to the determination of all questions to be presented to the appellate court for decision by either appellant or respondent, except that at the direction of either party the transcript shall include all of the evidence in the case; provided however, that costs for any unnecessary part of the transcript which the appellate court finds has been unreasonably caused to be included in the transcript may be taxed against the party requiring its inclusion. The parties may agree in writing upon an abbreviated or partial transcript of the record, proceedings and evidence, with the evidence either in narrative form or in question and answer form, or upon a statement of the case as provided in section 512.120.
3. If the parties agree that the transcript correctly includes all of the record, proceedings and evidence, it need not be approved by the trial court. If an abbreviated transcript is used, it must be approved by the trial court, which may require any additions considered necessary fully to present the questions raised on appeal. If there is any dispute concerning the correctness of any transcript, or any part thereof, or if the parties fail to agree within a reasonable time as to its correctness, the transcript shall be settled and approved by the trial court. If anything material to either party is omitted from the transcript by error or accident or is inadvertently misstated therein, the parties by stipulation, or the trial court, before the transcript is filed in the appellate court, or the appellate court thereafter, on a proper suggestion or of its own initiative, shall direct that the omission or misstatement shall be corrected and any such correction in the appellate court shall be certified by its clerk to the trial court. The appellate court may, if it seems necessary, order that a supplemental transcript on appeal shall be prepared and filed by either party or by the clerk of the trial court including any additional part of the record, proceedings and evidence, or the clerk may be directed to send up any original documents or exhibits.
Notes of Decisions
Cited in
33
cases (
1 in the last 5 years), 1951–2021 · leading case:
Pope v. Pope, 179 S.W.3d 442 (Mo. Ct. App. 2005).
Pope v. Pope, 179 S.W.3d 442 (Mo. Ct. App. 2005).
· cites it 2× “Pope’s subsequent post-trial motion to amend the transcript pursuant to section 512.110 and associated suggestions in support of and opposition to that motion (which was sustained by the trial court on March 16, 2004), we are satisfied that Exhibit 17 was indeed admitted into…”
State v. Hatten, 561 S.W.2d 706 (Mo. Ct. App. 1978).
· cites it 3× “Section 512.110 RSMo 1969; Rule 81.12. To do so would involve the rankest kind of judicial speculation and conjecture.”
Lonnecker v. Borris, 245 S.W.2d 53 (Mo. 1951).
· cites it 5× “" Section 512.110, RSMo, 1949, provides, "If the parties agree that the transcript correctly includes all of the record, proceedings and evidence, it need not be approved by the trial court.”
State v. Skaggs, 248 S.W.2d 635 (Mo. 1952).
· cites it 3× “The "transcript of the record" filed here is not a "transcript on appeal" which has been settled, prepared, served, and filed in the manner provided by section 512.110, RSMo 1949, V.A.M.S. S.C.”
Hendershot v. Minich, 297 S.W.2d 403 (Mo. 1956).
· cites it 3× “In that state of the record this court issued its order directing the trial judge to advise this court by his finding, order or certificate, at what place and when such hearing was held, and whether, if held outside Henry County, it was so held with the consent of all parties;…”
Johnston v. Johnston, 573 S.W.2d 406 (Mo. Ct. App. 1978).
· cites it 2× “1978); § 512.110 RSMo 1969; Rule 81.12. The responsibility to provide a meaningful transcript for review devolves *411 upon the appellant.”
State v. Ray, 600 S.W.2d 70 (Mo. Ct. App. 1980).
· cites it 3× “No evidence was introduced, and such allegation, obviously, does not prove itself. “This court is precluded from consideration on review of any facts not set forth in the approved transcript or supplemental transcript.”
Harms v. Simkin, 322 S.W.2d 930 (Mo. Ct. App. 1959).
· cites it 2× “ce of Simkin — supposedly is a record of oral statements by Simkin to the judge of Division 6 protesting his un-readiness to go to trial, demanding the right to be represented by counsel, and pleading for delay in order to procure counsel and prepare for trial, together with…”
Taney Cnty. v. Addington, 304 S.W.2d 842 (Mo. 1957).
· cites it 5× “The provisions relating to the preparation and filing of the transcript are con *843 tained in Section 512.110 RSMo 1949, V.A. M.S. Subsection 3 of that section provides as follows: “If the parties agree that the transcript correctly includes all of the record, proceedings and…”
White v. Nelson, 283 S.W.2d 926 (Mo. Ct. App. 1955).
· cites it 3× “The trans-script merely quotes the verdict of the jury for $2,275, and then continues: “Upon which judgment was then and there entered as follows: (Judgment entered as above verdict on May 13, 1954).”
In Re the Trust Under the Last Will & Testament of Jackson, 294 S.W.2d 953 (Mo. Ct. App. 1956).
· cites it 3× “An examination of the transcript in the former case, which former transcript is dated November 5, 1955, shows that it contains nothing whatsoever concerning the application for or the'allowance of attorney’s fees.”
Mo. Rev. Stat. § 512.110(1): 1 case
Mo. Rev. Stat. § 512.110(2): 2 cases
Mo. Rev. Stat. § 512.110(3): 5 cases
Taney Cnty. v. Addington, 304 S.W.2d 842 (Mo. 1957).
“The provisions relating to the preparation and filing of the transcript are con *843 tained in Section 512.110 RSMo 1949, V.A. M.S. Subsection 3 of that section provides as follows: “If the parties agree that the transcript correctly includes all of the record, proceedings and…”
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