Short answer. If the appellee doesn't object within five days of receiving a copy, the trial court may approve the record as presented. If it does object, or the court acts on its own motion, the court may instead direct the appellant to amend the record by including omitted, essential matters.

What the law says

Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within five days from receipt of a copy thereof, the trial court may approve it as presented or upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal. If the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, or if no time is fixed by the order within ten days from receipt thereof, shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.

Rule 41, Section 7 — Approval of record on appeal. Read the full provision →

The default: approval without objection

Once the record on appeal is filed for approval, if the appellee does not file any objection within five days from receiving a copy of it, the trial court may simply approve the record as presented, without requiring any further steps from the appellant. This default rewards a record that is already complete and accurate, letting the case move forward without extra procedural steps where nobody disputes its contents.

Amendment when there is an objection

Where an objection is filed, or where the court acts on its own initiative, it may instead direct that the record be amended by including any matters that were omitted but are deemed essential to properly determining the issue of law or fact involved in the appeal, whether the court does this on its own motion or at the appellee's request.

The redrafting process, and resubmission

If the court does order an amendment, the appellant must, within whatever time the order allows, or any extension granted, or if no time is fixed, within ten days from receipt of the order, redraft the record by adding the directed matters in their proper chronological sequence, and then resubmit the redrafted record for approval, upon notice to the appellee, following the same process used for the original draft.

Why the objection window and the amendment step matter

The five-day objection window keeps the process moving: an appellee who says nothing within that period cannot later complain that the trial court approved an incomplete record. But the amendment mechanism protects the appellate court's ability to actually decide the case, since a record missing essential matters could leave gaps in the facts or issues the appellate court needs to rule on. Requiring the redrafted record to go through notice to the appellee again, in like manner as the original draft, ensures the amended version gets the same opportunity for scrutiny as the first one did, rather than being approved automatically simply because it followed a court order.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.