The Bystander’s Report is used when transcripts are not available for a civil appeal. It describes everything that happened during court hearings or a trial. It includes what the judge, the parties, the witnesses, and the lawyers said in court. It may include a description of what happened in court in addition to what was said. It must list the following:

• All of the dates and times of the hearings or trial where testimony was given, 
• What evidence was introduced, or 
• Other things happened that will help the appellate court understand the facts relevant to your appeal. 

You should write your description so that a person who was not there can understand what happened when you appeared in court. 

The Bystander’s Report requires certification from the circuit court judge. The circuit court judge must approve and certify a Bystander’s Report before it can be made part of the record on appeal. See below for instructions on how to submit the Bystander's Report to the circuit court judge for certification. 

What is an Agreed Statement of Facts?

An Agreed Statement of Facts is similar to a Bystander’s Report.

The Agreed Statement of Facts requires that the parties agree on what was said and done in court. You will need to reach an agreement with the other party to obtain their signature on the Agreed Statement of Facts. You may then file an Agreed Statement of Facts without the circuit court judge’s approval or certification. 

How much does it cost to file?

You do not need to pay to file either the Bystander’s Report or the Agreed Statement of Facts. 

When is it due? 

Either form must be filed with the circuit court clerk within 49 days after the date the Notice of Appeal was filed. 

If you need more time, you will need to file a Motion for Extension of Time with the appellate court. You can use the Motion Form to submit the request for an extension to the appellate court clerk. 

How do I get the circuit court judge to certify the Bystander's Report? 

If you are using a Bystander's Report, 3 things must happen before you can file it with the circuit court clerk: 

#1: Serve the report on the other party

First, you must serve the Bystander's Report on all other parties within 28 days after you filed the Notice of Appeal. You can serve by: 

• Personal hand delivery, 
• Mail, 
• UPS or 
• FedEx. 

If any party has a lawyer, you must send your Bystander's Report to the lawyer. 

The 28-day period starts on the day after you filed the Notice of Appeal. You must count weekends and holidays. If the 28th day is on a weekend or court holiday, you may serve the Bystander’s Report on the next business day. 

Include a proof of service with information to show you are sending the Bystander's Report to each party. 

#2: Receive changes

Second, within 14 days after you serve the Bystander's Report, any other party may serve you with changes to your report. Or with their own Bystander's Report. 

#3: Request a hearing

Third, within 7 days thereafter, you must request a hearing in front of the circuit court judge. You must fill out a circuit court motion and Notice of Motion and file it with the circuit court to ask for a hearing. Use the Motion Form to ask the court to approve your Bystander's Report. 

At the hearing, the circuit court judge will decide whether to approve and certify the Bystander’s Report. You may then file it with the circuit clerk to be included in the record on appeal. 

Once the circuit court has heard and decided the motion, you must file the Bystander's Report. You should also file the judge's order approving it with the clerk where your circuit court case was heard.