Crouch v. Truman
In Crouch v. Truman, 84 Ariz. 360, 328 P.2d 614 (1958), the Arizona Supreme Court addressed a similar issue that had arisen in a civil matter.
There, the appellee "had full knowledge" from the appellant's opening brief on appeal that the appellant had relied on an apparent deficiency in the trial record to support his request for appellate relief. Id. at 363, 328 P.2d at 616.
The appellee had made "no effort . . . to have the record then corrected." Id.
After the court had rendered its opinion in favor of the appellant, however, the appellee attempted to supplement the record pursuant to former Rule 75(h), Ariz. R. Civ. P., to show no error had occurred and requested that the court reconsider its decision. Crouch, 84 Ariz. at 363, 328 P.2d at 616.
Rule 75(h), Ariz. R. Civ. P., has since been transferred in substantial part to Rule 11(e), Ariz. R. Civ. App. P., which permits parties to an appeal in a civil matter to stipulate or move to correct or modify the appellate record "to conform to the truth." See Ariz. R. Civ. App. P. 11(e) cmt.