Section 1704. Settlement of case and return on appeal

(a)  1.  When  an  appeal  has been taken, the stenographer's original
  transcript of minutes, if such minutes were taken, must be furnished  to
  the  clerk  within  ten  days after the fees therefor have been paid. If
  testimony was given but stenographic minutes were not taken,  the  clerk
  shall  prepare  minutes  of the proceedings within thirty days after the
  filing of the notice of appeal, such minutes to consist of  a  statement
  sufficiently  descriptive  of  the  testimony to make possible appellate
  review. Immediately upon receipt or  preparation  of  the  minutes,  the
  clerk shall cause notice of that fact to be sent to the attorney for the
  appellant,  or  to  the  appellant  if  he  or  she  has not appeared by
  attorney. If the clerk has prepared the minutes, he or  she  also  shall
  cause  copies  thereof to be served upon the attorneys for the appellant
  and the respondent, or upon the appellant and the respondent if they  do
  not appear by attorney.
    2. (i) If minutes were taken by a stenographer, within fifteen days of
  receipt  of  a  copy  of the stenographic transcript of the minutes, the
  appellant or the appellant's attorney shall make any proposed amendments
  and cause them to be served, together with a copy of the transcript,  on
  the  attorney  for the respondent, or on the respondent if he or she has
  not appeared by attorney. Within fifteen  days  after  receipt  of  such
  service,  the  respondent  or  the  respondent's attorney shall make any
  objections to the amendments proposed by the  appellant  and  make  such
  further  proposed  amendments to the transcript as are deemed necessary,
  and cause them to be served on the attorney for the appellant, or on the
  appellant if he or she has not appeared by attorney.
    (ii) If the clerk prepared the minutes, within fifteen days after  the
  date  of  receipt  of  a  copy  of  such  minutes, the attorneys for the
  appellant and the respondent, or the appellant  and  the  respondent  if
  they  have  not  appeared  by  attorney,  shall forward to the court any
  proposed amendments to the minutes.
    3. The appellant or his or her attorney shall then procure the case to
  be settled on a written notice of at least four days to the clerk and to
  the attorney for the respondent or to the respondent if he  or  she  has
  not  appeared  by  attorney, returnable before the justice who tried the
  case. The clerk shall thereupon prepare a return,  which  shall  contain
  the  summons  or  notice  of  petition, pleadings, evidence, judgment or
  order, notice of appeal, opinion of the court, if  any,  and  all  other
  papers  necessary for appellate review of the judgment or order appealed
  from. Within five days after the return day of the notice to settle  the
  case,  the  justice  shall  settle  the  same  and  indorse  his  or her
  settlement on the return. In lieu of the justice settling the  case  and
  indorsing his or her settlement on the return, the parties may stipulate
  that   the  transcript  (or  the  minutes  prepared  by  the  clerk,  if
  appropriate) together with the proposed  amendments,  if  any,  and  all
  other  elements  of  the  return  are correct. The clerk shall thereupon
  cause the return to be filed with the clerk of the appellate court.
    (b) Where no testimony was taken, the return shall be filed  with  the
  clerk  of  the  appellate  court within ten days after the filing of the
  notice of appeal. Such return shall  consist  of  the  same  papers  and
  proceedings specified in subdivision (a), except for the minutes therein
  described.  The  authenticity  of  such papers shall be certified by the
  clerk.
    (c) Upon an appeal from an order granting or denying a  motion  for  a
  new  trial  upon  the  ground of fraud or newly discovered evidence, the
  minutes of the trial, as described in subdivision (a), shall be included
  in the return and the provisions of that subdivision shall apply to such
  an appeal.