(a) The appellant or petitioner, or the Attorney General, may request the court, only as provided in Rule 200 of this appendix, to order the preparation of a transcript of the oral evidence or a portion thereof.
(b) To such effects, the proponent party shall file a motion before the Circuit Court of Appeals no later than thirty (30) days from the date the notice of appeal was filed or notice of the issue of the writ of certiorari was served. In said motion, the proponent party shall state the reasons why the transcript is deemed to be indispensable. If the proponent party is the appellant or petitioner, it shall also show why it is not possible to submit a stipulated or a narrative statement. In any case, the proponent shall identify in the motion, the pertinent portions of the record before the Court of First Instance of which a transcript is wanted, including the date of the testimony and the names of the witnesses.
(c) Once the transcript is ordered, the proponent shall request the Court of First Instance to re-record the proceedings. The motion to such effects shall be filed within ten (10) days following the service of the order of the Circuit Court of Appeals. Along with the motion, its proponent shall include the corresponding fees, pursuant to the rules approved by the Supreme Court.
(d) The re-recording shall be made pursuant to the terms and procedures established in the rules approved to such effects by the Supreme Court. Once the new re-recording has been concluded, the clerk of the Court of First Instance shall deliver the same to the proponent party and shall serve notice thereof on the other parties and on the Circuit Court of Appeals. In those cases in which a pro bono transcript is to be prepared pursuant to subsection (f) of this rule, it shall be done as provided in the rules approved by the Supreme Court.
(e) The transcript of oral evidence authorized by the Circuit Court of Appeals shall be made by the requesting party, at its own expense except as provided in subsection (f) of this rule, and within the term of thirty (30) days from the delivery of the rerecording. A private transcriber authorized under the rules approved by the Supreme Court of Puerto Rico, shall be used for this.
(f) When the proponent of the transcript is indigent or it is for the People of Puerto Rico, or when it is impossible to re-record the proceedings, the transcript shall be made pro bono by the officials of the Court of First Instance pursuant to the terms and procedures established in this rule and in the rules approved by the Supreme Court of Puerto Rico. Should it be necessary, the Chief Justice of the Supreme Court may authorize the contracting of authorized private transcribers to make these probono transcripts in one or more cases, pursuant to the parameters established in the rules approved by the Supreme Court.
(g) An index indicating the names and pages in which the statements of each one of the witnesses appear shall be included with every transcript. Furthermore, the transcript shall be certified by the authorized transcriber as a true and correct statement of the transcribed re-recording.
(h) The transcripts shall be prepared and filed with the Office of the Clerk of the Circuit Court of Appeals within the term ordered by said Court. It shall be the duty of the proponent party to supply copies of the transcript of the oral evidence to all of the other parties, within that same term. Said term shall be extended only for just cause and through a duly-grounded motion. If the transcriber fails to comply within the stated term, it shall be the duty of the proponent party to inform the Circuit Court of Appeals as soon as possible, in a diligent and expedient manner, and to seek other options to prepare the transcript within the term ordered by the Court.
History —Dec. 25, 1995, No. 251, § 8, eff. May 1, 1996.