Rule 3.63 - USE OF AUDIO OR VIDEO RECORD ON APPEAL(1) Where the appeal will proceed on the audio or video record without a transcript, on payment of the prescribed fee, the trial court administrator shall: (a) Arrange for duplication of the audio or video record and the official log of the audio or video record. Any duplicate copy of an audio or video record prepared for appeal shall contain the caption and trial court number of the proceeding and the number of tapes used in the proceeding (e.g., 1 of 5).(b) Cause the copy of the audio or video record and official log to be served on the party requesting it and to have a certificate of duplication and proof of service prepared.(c) Cause to be placed in the trial court file the original of the audio or video record, official log and certificate of duplication and proof of service, where they shall remain until the appellate court requests that the trial court record be forwarded to the appellate court, as provided in ORAP 3.15.(2) The trial court administrator shall file and serve copies of the audio or video record within 14 days after receiving notice that the appellate court has waived preparation of a transcript and is allowing the appeal to be heard on the audio or video record alone.(3) The appellate court may order the transcription of any part of an audio or video recording not previously transcribed that the appellate court determines necessary for deliberation. The cost of transcription under this subsection shall be paid in the first instance by the parties to the appeal in such proportions as directed by the appellate court.(4)(a) If the trial court administrator has previously provided a copy of all or part of the audio or video record to a party, on appeal that party need not pay for and the trial court administrator need not provide another copy of the audio or video record to that party. (b) If the trial court administrator does not provide a duplicate copy of the audio or video record to a party on appeal under paragraph (a) of this subsection, the trial court administrator shall prepare and sign a proof of service certifying the date or dates on which the party received a copy of the audio or video record. The trial court administrator's certificate shall constitute proof of service of the audio or video record on that party and shall be forwarded to the appellate court in lieu of the proof of service required in paragraph (1)(c) of this rule.(c) If the trial court administrator has provided a copy of all or part of an audio or video record to a party or the attorney for a party and on appeal the party is represented by an attorney or by a different attorney, respectively, the party or the attorney for a party who received a certified copy of the audio or video record shall, on request and without charge, give the audio or video record to the attorney or different attorney representing the party on appeal. The person giving the audio or video record may require that the person receiving the audio or video record provide a receipt therefor.(d) If the trial court administrator has provided part but not all of the audio or video record to a party, the provisions of paragraphs (a), (b), and (c) of this subsection shall apply to so much of the audio or video record as has been previously provided to a party.(5) If a part of a recording is extracted from the official audio or video recording and duplicated for the purpose of appeal, the trial court administrator shall attach a certificate stating that the copy is an accurate copy of the extracted part of the original. The copy containing the extract of the official recording shall become the official recording on appeal in lieu of the copy referred to in subsection (1) of this rule. The trial court administrator shall make copies of the extracted copy of the recording for service on the parties to the appeal, and prepare a certified copy of the relevant part or parts of the official log, to be served and filed as part of the record on appeal.Amended October 10, 2022, effective 10/10/2022.