Short answer. Yes. If completing the record proves impossible within a sufficient period due to insuperable or extremely difficult causes, the court, on its own motion or a party's motion, may declare the available record and transcripts sufficient to decide the appeal, issuing an order explaining why.

What the law says

Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal, and shall issue an order explaining the reasons for such declaration.

Rule 44, Section 6 — Dispensing with complete record. Read the full provision →

A fallback when completion is genuinely impossible

Section 5's duty to complete the record has a practical limit, and Section 6 supplies the fallback. Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes, the case does not stay frozen indefinitely — the court has a way to move forward with what exists.

Who can invoke it, and what it produces

This fallback is available on its own motion or on motion of any of the parties, so either side can ask the court to proceed on the available material rather than wait for a record that may never be completed. The court then may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal.

A reasoned order is required, not a silent shortcut

This is not a quiet workaround — the court shall issue an order explaining the reasons for such declaration. Requiring reasons keeps the decision to proceed on an incomplete record accountable and reviewable, rather than an unexplained shortcut that leaves the parties guessing why the missing pieces no longer matter, and it gives a party who disagrees something concrete to challenge.

A high bar, not an easy shortcut

The rule does not treat every delay in completing the record as a reason to proceed on less than the whole. The words the section uses — insuperable or extremely difficult causes — set a demanding standard, well above ordinary administrative slowness or a court reporter's backlog. A cause that could still be overcome with more time, effort, or a follow-up order to complete the transcripts does not qualify; Section 6 is meant for the point where completion has genuinely become impossible, not merely inconvenient.

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.