Q: The Court says the recording of my hearing does not exist. How do the Memorandum for my Appeal?

A: I don't know if you are appealing a civil matter or criminal matter. Regardless, the answer is the same: You prepare a "narrative" of what happened in Court, file it with the superior court, and the other party may then object to what you've written. You need to file this no later than 30 days after filing your Notice of Appeal.

Rule 11(d) of the Arizona Rules of Civil Appellate Procedure:

(d) Narrative Statement. If no transcript of oral proceedings is available, the appellant may prepare and file a narrative statement of the evidence or proceedings from the best available source, including the appellant's recollection. The appellant must file the narrative statement in the superior court within 30 days after filing the notice of appeal, and must serve it on the other parties. Any other party may file objections or proposed amendments to the narrative statement within 10 days after service. If the appellant does not file such a narrative statement within the specified time, any other party may prepare, file, and serve such a narrative statement, and the appellant may file objections or proposed amendments to that statement within 10 days after service. After considering a narrative statement and any objections or proposed amendments, the superior court judge must settle and approve the narrative statement and the superior court clerk must include it in the record transmitted to the appellate court under Rule 11.1.

Rule 31. 8(e) of the Arizona Rules of Criminal Procedure

(e) Narrative Statement if No Record Is Available.

(1) Clerk's Duty. If the court did not make a record of evidence or of an oral proceeding at trial, or if the transcript is unavailable, the superior court clerk must promptly notify the parties and the appellate clerk.

(2) Narrative Statement.

(A) Preparation. If no record of evidence or transcript of an oral proceeding is available, the appellant may prepare and file a narrative statement of the evidence or proceeding from the best available means, including the appellant's recollection.

(B) Filing and Service. The appellant must file the narrative statement in the superior court no later than 30 days after filing a notice of appeal and must serve it on all other parties.

(C) Objections. Any other party may file objections or proposed amendments to the narrative statement no later than 10 days after the statement is served.

(D) If the Appellant Does Not File a Statement. If the appellant does not file a narrative statement within the time specified in (2)(B), any other party may prepare, file, and serve such a narrative statement. The appellant may file objections or proposed amendments to that statement no later than 10 days after the statement is served.

(E) Court Review and Transmittal. After considering a narrative statement and any objections or proposed amendments, the superior court must settle and approve the narrative statement. The superior court clerk must then include it in the record transmitted to the appellate court under Rule 31.9(c).