Procedure where transcript defective.
1. Except as provided in subsection 2, if the district court finds that the transcript of a case which was recorded by sound recording equipment is materially or extensively defective, the case must be returned for retrial in the justice’s court from which it came.
2. If all parties to the appeal stipulate to being bound by a particular transcript of the proceedings in the justice’s court, or stipulate to a particular change in the transcript, an appeal based on that transcript as accepted or changed may be heard by the district court without regard to any defects in the transcript.
Last modified: February 25, 2006