The Motion Requesting to Use Settled Statement in Place of a Reporter’s Transcript, filed by Defendant/Appellant Kim Williams, in pro per, is DENIED without prejudice.
The Motion is not untimely. (See C.C.P. § 1010.6(a)(5), and CRC 2.253(b)(6).) But it is unnecessary. Mr. Williams was previously granted a fee waiver in this court. (See ROA 477.) Under C.R.C. 8.137(b)(1), he may thus elect in his Notice Designating the Record on Appeal to use a settled statement as the record of the oral proceedings, and therein specify the date of each oral proceeding to be included in the settled statement and whether each such proceeding was reported. He thus does not need to proceed by motion here. He will instead have 10 days to so act per CRC 8.137(b)(2)(B).
Counsel for Plaintiff/Respondent Czech & Howell, APC is to give notice of this ruling.