(a) Preparation of Transcript. Where a stenographic record of the proceedings is made, the appellant, within the time for taking the appeal, shall serve upon the stenographic reporter a request for a transcript of the proceedings and, unless the appellant is the state or any political subdivision of the state or an officer or agency of the state or of any political subdivision of the state, shall deposit a sum sufficient to pay the fee. As soon as possible after receiving such notice the reporter shall serve upon the appellant the ribbon copy and a carbon copy of the typewritten transcript, or two copies of the transcript if it is reproduced by any other means. The appellate division in each department may by rule applicable in the department to all appeals taken from judgments or orders entered in the department, provide that only a ribbon copy of the typewritten transcript be prepared and provide for the use of such copy by the parties and the court.
R 5525.Preparation and settlement of transcript; statement in lieu of transcript.
Article 55. Appeals Generally · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 5525 governs how the trial transcript is ordered, prepared, and settled for use on appeal, including deadlines for proposing amendments and a statement in lieu of a transcript when no stenographic record was made.
Full Text of CPLR 5525
(b) Omission of Part of Transcript. The parties may stipulate that only a portion of the record be transcribed. No transcript is necessary where a party appeals from a judgment entered upon a referee’s report, or a decision of the court upon a trial without a jury, and he relies only upon exceptions to rulings on questions of law made after the case is finally submitted.
(c) Settlement of Transcript.
1. Within fifteen days after receiving the transcript from the court reporter or from any other source, the appellant shall make any proposed amendments and serve them and a copy of the transcript upon the respondent. Within fifteen days after such service the respondent shall make any proposed amendments or objections to the proposed amendments of the appellant and serve them upon the appellant. At any time thereafter and on at least four days’ notice to the adverse party, the transcript and the proposed amendments and objections thereto shall be submitted for settlement to the judge or referee before whom the proceedings were had if the parties cannot agree on the amendments to the transcript. The original of the transcript shall be corrected by the appellant in accordance with the agreement of the parties or the direction of the court and its correctness shall be certified to thereon by the parties or the judge or referee before whom the proceedings were had. When he serves his brief upon the respondent the appellant shall also serve a conformed copy of the transcript or deposit it in the office of the clerk of the court of original instance who shall make it available to respondent.
2. If the appellant has timely proposed amendments and served them with a copy of the transcript on respondent, and no amendments or objections are proposed by the respondent within the time limited by paragraph 1, the transcript, certified as correct by the court reporter, together with appellant’s proposed amendments, shall be deemed correct without the necessity of a stipulation by the parties certifying to its correctness or the settlement of the transcript by the judge or referee. The appellant shall affix to such transcript an affirmation, certifying to his compliance with the time limitation, the service of the notice provided by paragraph 3 and the respondent’s failure to propose amendments or objections within the time prescribed.
3. Appellant shall serve on respondent together with a copy of the transcript and the proposed amendments, a notice of settlement containing a specific reference to subdivision (c) of this rule, and stating that if respondent fails to propose amendments or objections within the time limited by paragraph 1, the provisions of paragraph 2 shall apply.
(d) Statement in Lieu of Stenographic Transcript. Where no stenographic record of the proceedings is made, the appellant, within ten days after taking his appeal, shall prepare and serve upon the respondent a statement of the proceedings from the best available sources, including his recollection, for use instead of a transcript. The respondent may serve upon the appellant objections or proposed amendments to the statement within ten days after such service. The statement, with objections or proposed amendments, shall be submitted for settlement to the judge or referee before whom the proceedings were had.
(e) Special Rules Prescribing Time Limitations in Settlement of Transcript or Statement in Lieu Thereof Authorized. The appellate division in each department may by rule applicable in the department prescribe other limitations of time different from those prescribed in subdivisions (c) and (d) for serving transcripts, or statements in lieu of transcripts, and proposed amendments or objections, and for submission thereof for settlement.
Plain-English Summary
Before an appellate court can review what happened at trial, someone has to put the proceedings into a form the court can read, and CPLR 5525 lays out that process. Under subdivision (a), the appellant must request a transcript from the stenographic reporter within the time for taking the appeal and, unless a government entity, deposit the fee; the reporter then serves copies back. Subdivision (b) lets the parties stipulate to transcribing only part of the record, and dispenses with a transcript entirely in certain referee or nonjury cases limited to legal exceptions.
Subdivision (c) covers settling the transcript once it exists: the appellant has fifteen days to propose amendments, the respondent then has fifteen days to respond with amendments or objections, and if the two sides cannot agree, either can bring the dispute to the judge or referee who presided for a final settlement. If the respondent never proposes amendments or objections within the time allowed, the appellant's version, certified by the reporter and containing the appellant's own proposed amendments, becomes the settled transcript without further action, provided the appellant gave the required notice.
Subdivision (d) covers cases with no stenographic record at all: the appellant prepares a statement of the proceedings from the best available sources within ten days of taking the appeal, the respondent can object or propose amendments within ten days after that, and the presiding judge or referee settles any dispute. Subdivision (e) lets each Appellate Division department set its own, different time limits for these steps by rule.
Frequently Asked Questions
How do I get the trial transcript prepared for my appeal?
Within the time for taking the appeal, CPLR 5525(a) requires you to request a transcript from the stenographic reporter and, unless you are a government entity, deposit a sum to cover the fee.
What happens if the other side does not respond to my proposed transcript amendments?
If the respondent does not propose amendments or objections within the fifteen days CPLR 5525(c) allows, and the appellant gave the required notice, the appellant's certified transcript with its own proposed amendments becomes the settled transcript automatically.
What do I do if there is no stenographic record of the proceedings?
CPLR 5525(d) requires the appellant to prepare a statement of the proceedings from the best available sources, including recollection, within ten days of taking the appeal, subject to the respondent's objections and settlement by the presiding judge or referee.
Can the parties agree to transcribe only part of the proceedings?
Yes. CPLR 5525(b) lets the parties stipulate that only a portion of the record be transcribed, and dispenses with a transcript altogether in certain cases resting solely on legal exceptions after a referee's report or nonjury trial.
Do all Appellate Division departments use the same transcript deadlines?
Not necessarily. CPLR 5525(e) lets each department set its own time limits for preparing, serving, and settling transcripts or statements in lieu of transcripts, different from the default periods in subdivisions (c) and (d).
Advisory Committee Notes
Subd (a) of this rule is new; it is based upon New Jersey rule 1:2-8(e). The civil practice act and rules of civil practice contained no provision concerning the preparation of a transcript for use in connection with an appeal. Commonly, the appellant secured a transcript, used it in connection with the preparation of his “case” and served the respondent with a copy of the transcript when he served his proposed case. See 11 NY Jud Council Rep 414– 15 (1945). Under this subdivision, when the proceedings below have been recorded the appellant is required to serve a request for a transcript of the proceedings upon the reporter and deposit with the reporter a sum sufficient to pay the reporter’s fees. No fees are required from agencies or officers of the state or political subdivisions of the state. Cf. § 5501(a)(1). If the parties to an appeal can agree on a statement in lieu of the record on appeal (under rule 5527), it is not necessary to secure the transcript and considerable expense can be saved. If a stenographic record was not made, a statement in lieu of a stenographic record would be prepared pursuant to subdivision (c). In some instances the reporter may type the transcript directly on stencils or offset masters so that many copies can be cheaply reproduced. This is permitted by the final phrase of the subdivision. The last sentence has been added pursuant to suggestions from the Third Department that the mandatory requirement of a ribbon copy and a carbon copy of the stenographer’s transcript may be burdensome and unnecessary, for example, where appellant deems it necessary to reproduce the entire transcript or where there is more than one respondent to whom a transcript must be furnished.
Subd (b) of this rule is based upon suggestions from the bar and permits further reduction in the expenses of appeals. The second sentence represents the former practice as provided in the last sentence of CPA § 575.
Subd (c) of this rule is new. It provides a method for settling errors in the stenographic transcript and resembles the former procedure of settling a case on appeal. While settling the transcript, the parties are afforded a good opportunity to agree on a joint appendix. The corrected ribbon copy of the transcript forms a part of the record on appeal. See rule 5526.
Subd (d) of this rule is new; it is derived from Federal rule 75(n).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 730, eff Sept 1, 1963, by Judicial Conference, eff Sept 1, 1975.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: trial transcript for appeal New Yorksettling the transcript CPLRstatement in lieu of transcript New YorkCPLR 5525 transcript