Rule 10.040.Settlement of the Record
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 10.040
Plain-English Summary
A motion to correct the record may be filed within seven days of the filing of the record. If no motion to correct is filed, the record is deemed settled. The rule ties settlement to the absence of a timely motion without naming the moment it takes effect. Settlement is not a ceremony; it happens by operation of the rule.
When a motion to correct is filed with the trial court administrator, the court directs the corrections it finds appropriate and fixes the time within which those corrections must be made. Once the corrected record is filed with the trial court administrator, the record is deemed settled.
Watch that date. Later steps in this chapter run from the settlement of the record, so the day the record settles is the day the rest of the schedule starts to move. A party who thinks the transcript or the exhibits are wrong has a short window to say so, and letting it pass locks in the record the court will read.
Frequently Asked Questions
How do I fix an error in the DMV record?
File a motion to correct the record with the trial court administrator. The court then directs whatever corrections are appropriate and fixes the time within which they must be made.
How long do I have to move to correct the record?
Within seven days of the filing of the record.
What does it mean for the record to be settled?
Settlement fixes the record the court will work from. Unless a motion to correct is filed, the record is deemed settled, and where corrections are ordered, filing the corrected record settles it.
Who decides which corrections get made?
The court. On a motion to correct, the court directs the corrections that are appropriate and sets the deadline for making them.
Why does the settlement date matter?
Because the deadlines that follow in this chapter run from it. The petitioner's memorandum and the hearing setting are both measured from the settlement of the record.