AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on February 22, 2008, effective on January 1, 2009. Rule 8.800. Application of division....................................................................................... 5 1 Rule 8.802. Construction ....................................................................................................... 5 2 Rule 8.804.

Definitions.......................................................................................................... 6 3 Rule 8.806. Applications........................................................................................................ 8 4 Rule 8.808. Motions............................................................................................................... 9 5 Rule 8.810. Extending time ................................................................................................. 10 6 Rule 8.811.

Policies and factors governing extensions of time ........................................... 11 7 Rule 8.812. Relief from default ........................................................................................... 13 8 Rule 8.813. Shortening time ................................................................................................ 13 9 Rule 8.814. Substituting parties; substituting or withdrawing attorneys............................. 13 10 Rule 8.816. Address and telephone number of record; notice of change ............................ 14 11 Rule 8.820.

Application of chapter...................................................................................... 15 12 Rule 8.821. Notice of appeal................................................................................................ 15 13 Rule 8.822. Time to appeal.................................................................................................. 17 14 Rule 8.823. Extending the time to appeal............................................................................ 18 15 Rule 8.824.

Writ of supersedeas .......................................................................................... 20 16 Rule 8.825. Abandonment, voluntary dismissal, and compromise...................................... 22 17 Rule 8.830. Record on appeal.............................................................................................. 24 18 Rule 8.831. Notice designating the record on appeal .......................................................... 25 19 Rule 8.832. Clerk’s transcript .............................................................................................. 26 20 Rule 8.833.

Trial court file instead of clerk’s transcript...................................................... 28 21 Rule 8.834. Reporter’s transcript......................................................................................... 29 22 Rule 8.835. Record when trial proceedings were officially electronically recorded ........... 32 23 Rule 8.836. Agreed statement.............................................................................................. 33 24 Rule 8.837. Statement on appeal.......................................................................................... 34 25 Rule 8.838.

Form of the record............................................................................................ 37 26 Rule 8.839. Record in multiple appeals............................................................................... 38 27 Rule 8.840. Filing the record ............................................................................................... 38 28 Rule 8.841. Augmenting and correcting the record in the appellate division...................... 38 29 Rule 8.842. Failure to procure the record ............................................................................ 40 30 Rule 8.850.

Application of chapter...................................................................................... 40 31 Rule 8.851. Appointment of appellate counsel.................................................................... 42 32 Rule 8.852. Notice of appeal................................................................................................ 43 33 Rule 8.853. Time to appeal.................................................................................................. 44 34 Rule 8.854.

Stay of execution and release on appeal........................................................... 45 35 Rule 8.855. Abandoning the appeal..................................................................................... 46 36 Rule 8.860. Normal record on appeal .................................................................................. 47 37 Rule 8.861. Contents of clerk’s transcript ........................................................................... 48 38 Rule 8.862. Preparation of clerk’s transcript ....................................................................... 49 39 Rule 8.863.

Trial court file instead of clerk’s transcript...................................................... 50 40 Rule 8.864. Record of oral proceedings............................................................................... 50 41 Rule 8.865. Contents of reporter’s transcript....................................................................... 52 42 Rule 8.866. Preparation of reporter’s transcript................................................................... 53 43 Rule 8.867. Limited normal record in certain appeals......................................................... 54 44 Rule 8.868.

Record when trial proceedings were officially electronically recorded........... 55 45

2 Rule 8.869. Statement on appeal.......................................................................................... 57 1 Rule 8.870. Exhibits............................................................................................................. 60 2 Rule 8.871. Juror-identifying information........................................................................... 62 3 Rule 8.872. Sending and filing the record in the appellate division.................................... 62 4 Rule 8.873. Augmenting or correcting the record in the appellate division........................ 63 5 Rule 8.880.

Application ....................................................................................................... 64 6 Rule 8.881. Notice of briefing

schedule .............................................................................. 64 7 Rule 8.882. Briefs by parties and amici curiae .................................................................... 65 8 Rule 8.883. Contents and form of briefs.............................................................................. 67 9 Rule 8.884. Appeals in which a party is both appellant and respondent ............................. 69 10 Rule 8.885. Oral argument................................................................................................... 70 11 Rule 8.886.

Submission of the cause ................................................................................... 71 12 Rule 8.887. Decisions .......................................................................................................... 71 13 Rule 8.888. Finality and modification of decision............................................................... 72 14 Rule 8.889. Rehearing.......................................................................................................... 73 15 Rule 8.890.

Remittitur.......................................................................................................... 75 16 Rule 8.891. Costs and sanctions in civil appeals ................................................................. 76 17 Rule 8.900. Application of chapter...................................................................................... 78 18 Rule 8.901. Notice of appeal................................................................................................ 79 19 Rule 8.902.

Time to appeal.................................................................................................. 80 20 Rule 8.903. Stay of execution on appeal.............................................................................. 81 21 Rule 8.904. Abandoning the appeal..................................................................................... 82 22 Rule 8.910. Normal record on appeal .................................................................................. 83 23 Rule 8.911. Prosecuting attorney’s notice regarding the record.......................................... 84 24 Rule 8.912.

Contents of clerk’s transcript ........................................................................... 84 25 Rule 8.913. Preparation of clerk’s transcript ....................................................................... 85 26 Rule 8.914. Trial court file instead of clerk’s transcript...................................................... 85 27 Rule 8.915. Record of oral proceedings............................................................................... 86 28 Rule 8.916. Statement on appeal.......................................................................................... 87 29 Rule 8.917.

Record when trial proceedings were officially electronically recorded ........... 91 30 Rule 8.918. Contents of reporter’s transcript....................................................................... 92 31 Rule 8.919. Preparation of reporter’s transcript................................................................... 93 32 Rule 8.920. Limited normal record in certain appeals......................................................... 94 33 Rule 8.921. Exhibits............................................................................................................. 95 34 Rule 8.922.

Sending and filing the record in the appellate division.................................... 96 35 Rule 8.923. Augmenting or correcting the record in the appellate division........................ 98 36 Rule 8.925. General application of

chapter 4 ...................................................................... 99 37 Rule 8.926. Notice of briefing

schedule .............................................................................. 99 38 Rule 8.927. Briefs ................................................................................................................ 99 39 Rule 8.928. Contents and form of briefs............................................................................ 100 40 Rule 8.929. Oral argument................................................................................................. 103 41 Rule 8.930.

Application ..................................................................................................... 104 42 Rule 8.931. Petitions filed by persons not represented by an attorney.............................. 104 43 Rule 8.932. Petitions filed by an attorney for a party ........................................................ 107 44 Rule 8.933. Opposition ...................................................................................................... 108 45 Rule 8.934. Notice to trial court......................................................................................... 109 46

3 Rule 8.935. Finality and remittitur..................................................................................... 109 1 Rule 8.936. Costs ............................................................................................................... 110 2 Rule 8.900 8.950. Application ........................................................................................... 110 3 Rule 8.902 8.952.

Definitions............................................................................................ 111 4 Rule 8.904 8.954. Filing the appeal ................................................................................... 111 5 Rule 8.907 8.957. Record on appeal.................................................................................. 111 6 Rule 8.910 8.960. Continuances ........................................................................................ 111 7 Rule 8.913 8.963. Abandonment, dismissal, and judgment for failure to bring to trial .... 111 8 Rule 8.916 8.966.

Examination of witnesses..................................................................... 111 9 Rule 10.1100. Assignments to the appellate division........................................................ 112 10 Rule 10.1104. Presiding judge........................................................................................... 113 11 Rule 10.1108. Sessions ...................................................................................................... 113 12 Rule 8.700. Appellate rules................................................................................................ 114 13 Rule 8.701.

Appellate division assignments...................................................................... 114 14 Rule 8.702. Sessions .......................................................................................................... 115 15 Rule 8.703. Powers of presiding judge .............................................................................. 115 16 Rule 8.704. Calendars and notice of hearing ..................................................................... 116 17 Rule 8.705.

Motions........................................................................................................... 116 18 Rule 8.706. Briefs and records........................................................................................... 117 19 Rule 8.707. Decisions ........................................................................................................ 119 20 Rule 8.708. Finality, modification, and rehearing ............................................................. 119 21 Rule 8.709.

Consent to modification ................................................................................. 120 22 Rule 8.750. Filing notice of appeal.................................................................................... 121 23 Rule 8.751. Time of filing notice of appeal....................................................................... 122 24 Rule 8.752. Extension of time and cross-appeal................................................................ 123 25 Rule 8.753. Reporter’s transcript....................................................................................... 124 26 Rule 8.754.

Clerk’s transcript and original papers ............................................................ 126 27 Rule 8.755. Agreed statement............................................................................................ 128 28 Rule 8.756. Settled statement............................................................................................. 129 29 Rule 8.757. Correction and certification of record ............................................................ 130 30 Rule 8.758.

Form of record................................................................................................ 131 31 Rule 8.759. Transmission and filing of record .................................................................. 132 32 Rule 8.760. Record on cross-appeal .................................................................................. 132 33 Rule 8.761. Augmentation and correction of record.......................................................... 133 34 Rule 8.762. Abandonment and dismissal........................................................................... 133 35 Rule 8.763.

Hearing ........................................................................................................... 134 36 Rule 8.764. Costs on appeal............................................................................................... 135 37 Rule 8.765.

Definitions...................................................................................................... 137 38 Rule 8.766. Applications on routine matters ..................................................................... 138 39 Rule 8.767. Extension and shortening of time................................................................... 139 40 Rule 8.768. Substitution of parties and attorneys .............................................................. 140 41 Rule 8.769. Writ of supersedeas ........................................................................................ 140 42 Rule 8.770.

Substitute judge where trial judge unavailable............................................... 141 43 Rule 8.771. Presumption where record not complete........................................................ 141 44 Rule 8.772. Scope and construction................................................................................... 141 45 Rule 8.773. Remittitur........................................................................................................ 142 46

4 Rule 8.780. Applicability to felonies, misdemeanors, infractions ..................................... 142 1 Rule 8.781.

Definitions...................................................................................................... 143 2 Rule 8.782. Notice of appeal.............................................................................................. 143 3 Rule 8.783. Record on appeal............................................................................................ 144 4 Rule 8.784. Statement or transcript.................................................................................... 145 5 Rule 8.785.

Amendments to statement or transcript.......................................................... 147 6 Rule 8.786. Counsel on appeal .......................................................................................... 147 7 Rule 8.787. Extensions of time and relief from default..................................................... 148 8 Rule 8.788. Settlement of statement or transcript.............................................................. 149 9 Rule 8.789. Experimental rule on use of recordings to facilitate settlement of statements150 10 Rule 8.790.

Abandonment of appeal.................................................................................. 154 11 Rule 8.791. Additions to record......................................................................................... 154 12 Rule 8.792. Hearings and dismissals ................................................................................. 155 13 Rule 8.793. Remittiturs...................................................................................................... 155 14

Division 2. Rules Relating to the Superior Court Appellate Division 1 2 Division 2 repealed and adopted effective January 1, 2009. 3 4 Advisory Committee Comment 5 6 Division 2. The rules relating to the superior court appellate division begin with

Chapter 1, which 7 contains general rules applicable to appeals in all three types of cases within the jurisdiction of the 8 appellate division—limited civil, misdemeanor, and infraction. Because the procedures relating to taking 9 appeals and preparing the record in limited civil, misdemeanor, and infraction appeals differ, there are 10 separate chapters addressing these topics:

Chapter 2 addresses taking appeals and record preparation in 11 limited civil cases, and

Chapter 3 addresses taking appeals and record preparation in misdemeanor cases. 12 Because the procedures for briefing and rendering decisions are generally the same in limited civil and 13 misdemeanor appeals,

Chapter 4 addresses these procedures in appeals of both types of cases. To make 14 the distinct procedures for appeals in infraction proceedings easier to find and understand, these 15 procedures are located in a separate chapter—Chapter 5.

Chapter 6 addresses writ proceedings in the 16 appellate division. 17 18

Chapter 1. General Rules Applicable to Appellate Division Proceedings 19 20

Chapter 1 repealed and adopted effective January 1, 2009. 21 22 23 Rule 8.800. Application of division 24 25 The rules in this division apply to: 26 27

(1) Appeals in the appellate division of the superior court; and 28 29

(2) Writ proceedings, motions, applications, and petitions in the appellate division of 30 the superior court. 31 32 Rule 8.800 adopted effective January 1, 2009. 33 34 35 Rule 8.802. Construction 36 37 (

a) Construction 38 39 The rules in this division must be construed to ensure that the proceedings they 40 govern will be justly and speedily determined. 41 42 (

b) Terminology 43 44 As used in this division: 45

6 1 (1) “Must” is mandatory; 2 3 (2) “May” is permissive; 4 5 (3) “May not” means is not permitted to; 6 7 (4) “Will” expresses a future contingency or predicts action by a court or person 8 in the ordinary course of events, but does not signify a mandatory duty; and 9 10 (5) “Should” expresses a preference or a nonbinding recommendation. 11 12 (

c) Construction of additional terms 13 14 In the rules: 15 16

(1) Each tense (past, present, or future) includes the others; 17 18

(2) Each gender (masculine, feminine, or neuter) includes the others; 19 20

(3) Each number (singular or plural) includes the other; and 21 22

(4) The headings of divisions, chapters, articles, rules, and subdivisions are 23 substantive. 24 25 Rule 8.802 adopted effective January 1, 2009. 26 27 28 Rule 8.804.

Definitions 29 30 As used in this division, unless the context or subject matter otherwise requires: 31 32 (1) “Action” includes special proceeding. 33 34 (2) “Case” includes action or proceeding. 35 36 (3) “Civil case” means a case prosecuted by one party against another for the 37 declaration, enforcement, or protection of a right or the redress or prevention of a 38 wrong. Civil cases include all cases except criminal cases. 39 40 (4) “Unlimited civil cases” and “limited civil cases” are defined in Code of Civil 41 Procedure

section 85 et seq. 42 43

7 (5) “Criminal case” means a proceeding by which a party charged with a public offense 1 is accused and brought to trial and punishment. 2 3 (6) “Rule” means a rule of the California Rules of Court. 4 5 (7) “Local rule” means every rule, regulation, order, policy, form, or standard of 6 general application adopted by a court to govern practice and procedure in that 7 court or by a judge of the court to govern practice or procedure in that judge’s 8 courtroom. 9 10 (8) “Presiding judge” includes the acting presiding judge or the judge designated by the 11 presiding judge. 12 13 (9) “Judge” includes, as applicable, a judge of the superior court, a commissioner, or a 14 temporary judge. 15 16 (10) “Person” includes a corporation or other legal entity as well as a natural person. 17 18 (11) “Appellant” means the appealing party. 19 20 (12) “Respondent” means the adverse party. 21 22 (13) “Party” is a person appearing in an action.

Parties include both self-represented 23 persons and persons represented by an attorney of record. “Party,” “applicant,” 24 “petitioner,” or any other designation of a party includes the party’s attorney of 25 record. 26 27 (14) “Attorney” means a member of the State Bar of California. 28 29 (15) “Counsel” means an attorney. 30 31 (16) “Prosecuting attorney” means the city attorney, county counsel, or district attorney 32 prosecuting an infraction or misdemeanor case. 33 34 (17) “Complaint” includes a citation. 35 36 (18) “Service” means service in the manner prescribed by a statute or rule. 37 38 (19) “Declaration” includes “affidavit.” 39 40 (20) “Recycled” as applied to paper means “recycled printing and writing paper” as 41 defined by Public Contract Code

section 12209. 42 43

8 (21) “Trial court” means the superior court from which an appeal is taken. 1 2 (22) “Reviewing court” means the appellate division of the superior court. 3 4 (23) “Judgment” includes any judgment or order that may be appealed. 5 6 Rule 8.804 adopted effective January 1, 2009. 7 8 Advisory Committee Comment 9 10 Item (18). See rule 1.21 for general requirements relating to service, including proof of service. 11 12 13 Rule 8.806. Applications 14 15 (

a) Service and filing 16 17 Except as these rules provide otherwise, parties must serve and file all applications, 18 including applications to extend time to file records, briefs, or other documents and 19 applications to shorten time. Applications to extend the time to prepare the record 20 on appeal may be filed in either the trial court or the appellate division. All other 21 applications must be filed in the appellate division. For good cause, the presiding 22 judge of the court where the application was filed, or his or her designee, may 23 excuse advance service. 24 25 (

b) Contents 26 27 The application must: 28 29

(1) State facts showing good cause to grant the application; and 30 31

(2) Identify any previous applications relating to the same subject filed by any 32 party in the same appeal or writ proceeding. 33 34 (

c) Envelopes 35 36 An application must be accompanied by addressed, postage-prepaid envelopes for 37 the clerk’s use in mailing copies of the order on the application to all parties. 38 39 (

d) Disposition 40 41 Unless the court determines otherwise, the presiding judge of the court in which the 42 application was filed, or his or her designee, may rule on the application. 43

9 1 Rule 8.806 adopted effective January 1, 2009. 2 3 Advisory Committee Comment 4 5 Subdivision (a). See rule 1.21 for the meaning of “serve and file,” including the requirements for proof of 6 service. 7 8 Subdivisions (

a) and (d). These provisions permit the presiding judge to designate another judge, such as 9 the trial judge, to handle applications. 10 11 12 Rule 8.808. Motions 13 14 (

a) Motion and opposition 15 16

(1) Except as these rules provide otherwise, to make a motion in the appellate 17 division a party must serve and file a written motion, stating the grounds and 18 the relief requested and identifying any documents on which it is based. 19 20

(2) A motion must be accompanied by a memorandum and, if it is based on 21 matters outside the record, by declarations or other supporting evidence. 22 23

(3) Any opposition to the motion must be served and filed within 15 days after the 24 motion is filed. 25 26 (

b) Disposition 27 28

(1) The court may rule on a motion at any time after an opposition or other 29 response is filed or the time to oppose has expired. 30 31

(2) On a party’s request or its own motion, the appellate division may place a 32 motion on calendar for a hearing. The clerk must promptly send each party a 33 notice of the date and time of the hearing. 34 35 Rule 8.808 adopted effective January 1, 2009. 36 37 Advisory Committee Comment 38 39 Subdivision (a)(1). See rule 1.21 for the meaning of “serve and file,” including the requirements for 40 proof of service. 41 42 Subdivision (b). Although a party may request a hearing on a motion, a hearing will be held only if the 43 court determines that one is needed. 44 45

10 1 Rule 8.810. Extending time 2 3 (

a) Computing time 4 5 The Code of Civil Procedure governs computing and extending the time to do any 6 act required or permitted under these rules. 7 8 (

b) Extension by trial court 9 10

(1) For good cause and except as these rules provide otherwise, the presiding 11 judge of the trial court, or his or her designee, may extend the time to do any 12 act to prepare the record on appeal. 13 14

(2) The trial court may not extend the time to do

an act if that time—including 15 any valid extension—has expired. 16 17

(3) Notwithstanding anything in these rules to the contrary, the trial court may 18 grant an initial extension to any party to do any act to prepare the record on 19 appeal on an ex parte basis. 20 21 (

c) Extension by appellate division 22 23 For good cause and except as these rules provide otherwise, the presiding judge of 24 the appellate division, or his or her designee, may extend the time to do any act 25 required or permitted under these rules, except the time to file a notice of appeal. 26 27 (

d) Application for extension 28 29

(1) An application to extend time must include a declaration stating facts, not 30 mere conclusions, and must be served on all parties. For good cause, the 31 presiding judge of the appellate division, or his or her designee, may excuse 32 advance service. 33 34

(2) The application must state: 35 36 (

A) The due date of the document to be filed; 37 38 (

B) The length of the extension requested; 39 40 (

C) Whether any earlier extensions have been granted and, if so, their 41 lengths; and 42 43

11 (

D) Good cause for granting the extension, consistent with the policies and 1 factors stated in rule 8.811. 2 3 (

e) Notice to party 4 5

(1) In a civil case, counsel must deliver to his or her client or clients a copy of any 6 stipulation or application to extend time that counsel files. Counsel must 7 attach evidence of such delivery to the stipulation or application or certify in 8 the stipulation or application that the copy has been delivered. 9 10

(2) The evidence or certification of delivery under (1) need not include the 11 address of the party notified. 12 13 Rule 8.810 adopted effective January 1, 2009. 14 15 Advisory Committee Comment 16 17 Subdivision (b)(1). This provision permits the presiding judge to designate another judge, such as the 18 trial judge, to handle applications to extend time. 19 20 21 Rule 8.811. Policies and factors governing extensions of time 22 23 (

a) Policies 24 25

(1) The time limits prescribed by these rules should generally be met to ensure 26 expeditious conduct of appellate business and public confidence in the 27 efficient administration of appellate justice. 28 29

(2) The effective assistance of counsel to which a party is entitled includes 30 adequate time for counsel to prepare briefs or other documents that fully 31 advance the party’s interests. Adequate time also allows the preparation of 32 accurate, clear, concise, and complete submissions that assist the courts. 33 34

(3) For a variety of legitimate reasons, counsel or self-represented litigants may 35 not always be able to prepare briefs or other documents within the time 36 specified in the rules of court. To balance the competing policies stated in (1) 37 and (2), applications to extend time in the appellate division must demonstrate 38 good cause under (b). If good cause is shown, the court must extend the time. 39 40 (

b) Factors considered 41 42

12 In determining good cause, the court must consider the following factors when 1 applicable: 2 3

(1) The degree of prejudice, if any, to any party from a grant or denial of the 4 extension. A party claiming prejudice must support the claim in detail. 5 6

(2) In a civil case, the positions of the client and any opponent with regard to the 7 extension. 8 9

(3) The length of the record, including the number of relevant trial exhibits. A 10 party relying on this factor must specify the length of the record. 11 12

(4) The number and complexity of the issues raised. A party relying on this factor 13 must specify the issues. 14 15

(5) Whether there are settlement negotiations and, if so, how far they have 16 progressed and when they might be completed. 17 18

(6) Whether the case is entitled to priority. 19 20

(7) Whether counsel responsible for preparing the document is new to the case. 21 22

(8) Whether other counsel or the client needs additional time to review the 23 document. 24 25

(9) Whether counsel or a self-represented party responsible for preparing the 26 document has other time-limited commitments that prevent timely filing of the 27 document. Mere conclusory statements that more time is needed because of 28 other pressing business will not suffice. Good cause requires a specific 29 showing of other obligations of counsel or a self-represented party that: 30 31 (

A) Have deadlines that as a practical matter preclude filing the document by 32 the due date without impairing its quality; or 33 34 (

B) Arise from cases entitled to priority. 35 36

(10) Illness of counsel or a self-represented party, a personal emergency, or a 37 planned vacation that counsel or a self-represented party did not reasonably 38 expect to conflict with the due date and cannot reasonably rearrange. 39 40

(11) Any other factor that constitutes good cause in the context of the case. 41 42 Rule 8.811 adopted effective January 1, 2009. 43

13 1 2 Rule 8.812. Relief from default 3 4 For good cause, the presiding judge of the appellate division, or his or her designee, may 5 relieve a party from a default for any failure to comply with these rules, except the failure 6 to file a timely notice of appeal. 7 8 Rule 8.812 adopted effective January 1, 2009. 9 10 11 Rule 8.813.

Shortening time 12 13 For good cause and except as these rules provide otherwise, the presiding judge of the 14 appellate division, or his or her designee, may shorten the time to do any act required or 15 permitted under these rules. 16 17 Rule 8.813 adopted effective January 1, 2009. 18 19 20 Rule 8.814. Substituting parties; substituting or withdrawing attorneys 21 22 (

a) Substituting parties 23 24 Substitution of parties in an appeal or original proceeding must be made by serving 25 and filing a motion in the appellate division. The clerk of the appellate division 26 must notify the trial court of any ruling on the motion. 27 28 (

b) Substituting attorneys 29 30 A party may substitute attorneys by serving and filing in the appellate division a 31 stipulation signed by the party represented and the new attorney. 32 33 (

c) Withdrawing attorney 34 35

(1) An attorney may request withdrawal by filing a motion to withdraw. Unless 36 the court orders otherwise, the motion need be served only on the party 37 represented and the attorneys directly affected. 38 39

(2) The proof of service need not include the address of the party represented. But 40 if the court grants the motion, the withdrawing attorney must promptly 41 provide the court and the opposing party with the party’s current or last known 42 address and telephone number. 43

14 1

(3) In all appeals and in original proceedings related to a trial court proceeding, 2 the appellate division clerk must notify the trial court of any ruling on the 3 motion. 4 5 Rule 8.814 adopted effective January 1, 2009. 6 7 8 Rule 8.816. Address and telephone number of record; notice of change 9 10 (

a) Address and telephone number of record 11 12 In any case pending before the appellate division, the appellate division will use the 13 address and telephone number that an attorney or unrepresented party provides on 14 the first document filed in that case as the address and telephone number of record 15 unless the attorney or unrepresented party files a notice under (b). 16 17 (

b) Notice of change 18 19

(1) An attorney or unrepresented party whose address or telephone number 20 changes while a case is pending must promptly serve and file a written notice 21 of the change in the appellate division in which the case is pending. 22 23

(2) The notice must specify the title and number of the case or cases to which it 24 applies. If an attorney gives the notice, the notice must include the attorney’s 25 California State Bar number. 26 27 (

c) Matters affected by notice 28 29 If the notice under (

b) does not identify the case or cases in which the new address 30 or telephone number applies, the clerk may use the new address or telephone 31 number as the person’s address and telephone number of record in all pending and 32 concluded cases. 33 34 (

d) Multiple addresses 35 36 If an attorney or unrepresented party has more than one address, only one address 37 may be used in a given case. 38 39 Rule 8.816 adopted effective January 1, 2009. 40 41

Chapter 2. Appeals and Records in Limited Civil Cases 42 43

Chapter 2 repealed and adopted effective January 1, 2009. 1 2

Article 1. Taking Civil Appeals 3 4

Article 1 adopted effective January 1, 2009. 5 6 7 Rule 8.820. Application of

chapter 8 9 The rules in this

chapter apply to appeals in limited civil cases, except small claims cases. 10 11 Rule 8.820 adopted effective January 1, 2009. 12 13 Advisory Committee Comment 14 15 Chapters 1 and 4 of this division also apply in appeals in limited civil cases. 16 17 18 Rule 8.821. Notice of appeal 19 20 (

a) Notice of appeal 21 22

(1) To appeal from a judgment or appealable order in a limited civil case, except a 23 small claims case, an appellant must serve and file a notice of appeal in the 24 superior court that issued the judgment or order being appealed. The appellant 25 or the appellant’s attorney must sign the notice. 26 27

(2) The notice of appeal must be liberally construed and is sufficient if it 28 identifies the particular limited civil case judgment or order being appealed. 29 30

(3) Failure to serve the notice of appeal neither prevents its filing nor affects its 31 validity, but the appellant may be required to remedy the failure. 32 33 (

b) Filing fee 34 35

(1) Unless otherwise provided by law, the notice of appeal must be accompanied 36 by the filing fee required under Government Code

section 70621, an 37 application for a waiver of court fees and costs on appeal under rules 3.50– 38 3.63, or an order granting such an application. The filing fee is nonrefundable. 39 40

(2) The clerk must file the notice of appeal even if the appellant does not present 41 the filing fee or an application for, or order granting, a waiver under rules 42 3.50–3.63. 43 44

16 (

c) Failure to pay filing fee 1 2

(1) The clerk must promptly notify the appellant in writing if: 3 4 (

A) The court receives a notice of appeal without the filing fee required by 5 (

b) or an application for, or order granting, a fee waiver under rules 6 3.50–3.63; 7 8 (

B) A check for the filing fee is dishonored; or 9 10 (

C) An application for a waiver under rules 3.50–3.63 is denied. 11 12

(2) A clerk’s notice under (1) must state that the court may dismiss the appeal 13 unless, within 15 days after the notice is sent, the appellant either: 14 15 (

A) Pays the fee; or 16 17 (

B) Files an application for a waiver under rules 3.50–3.63 if the appellant 18 has not previously filed such an application. 19 20

(3) If the appellant fails to take the action specified in the notice given under (2), 21 the appellate division may dismiss the appeal, but may vacate the dismissal for 22 good cause. 23 24 (

d) Notification of the appeal 25 26

(1) When the notice of appeal is filed, the trial court clerk must promptly mail a 27 notification of the filing of the notice of appeal to the attorney of record for 28 each party and to any unrepresented party. The clerk must also mail or deliver 29 this notification to the appellate division clerk. 30 31

(2) The notification must show the date it was mailed and must state the number 32 and title of the case and the date the notice of appeal was filed. 33 34

(3) A copy of the notice of appeal is sufficient notification under (1) if the 35 required information is on the copy or is added by the trial court clerk. 36 37

(4) The mailing of a notification under (1) is a sufficient performance of the 38 clerk’s duty despite the death of the party or the discharge, disqualification, 39 suspension, disbarment, or death of the attorney. 40 41

(5) Failure to comply with any provision of this subdivision does not affect the 42 validity of the notice of appeal. 43

17 1 (

e) Notice of cross-appeal 2 3 As used in this rule, “notice of appeal” includes a notice of cross-appeal and 4 “appellant” includes a respondent filing a notice of cross-appeal. 5 6 Rule 8.821 adopted effective January 1, 2009. 7 8 Advisory Committee Comment 9 10 Subdivision (a). Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) may be used to file 11 the notice of appeal required under this rule. This form is available at any courthouse or county law 12 library or online at www.courtinfo.ca.gov/forms. 13 14 Subdivision (b). The filing fee required under Government Code

section 70621 is $180 if the amount 15 claimed in the case is $10,000 or less and $300 if the amount claimed in the case is more than $10,000. 16 17 18 Rule 8.822. Time to appeal 19 20 (

a) Normal time 21 22 Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be filed 23 on or before the earliest of: 24 25 (1) 30 days after the trial court clerk mails the party filing the notice of appeal a 26 document entitled “Notice of Entry” of judgment or a file-stamped copy of the 27 judgment, showing the date either was mailed; 28 29 (2) 30 days after the party filing the notice of appeal serves or is served by a party 30 with a document entitled “Notice of Entry” of judgment or a file-stamped 31 copy of the judgment, accompanied by proof of service; or 32 33 (3) 90 days after the entry of judgment. 34 35 (

b) What constitutes entry 36 37 For purposes of this rule: 38 39

(1) The entry date of a judgment is the date the judgment is filed under Code of 40 Civil Procedure

section 668.5 or the date it is entered in the judgment book. 41 42

(2) The date of entry of an appealable order that is entered in the minutes is the 43 date it is entered in the permanent minutes. But if the minute order directs that 44

18 a written order be prepared, the entry date is the date the signed order is filed; 1 a written order prepared under rule 3.1312 or similar local rule is not such an 2 order prepared by direction of a minute order. 3 4

(3) The entry date of an order that is not entered in the minutes is the date the 5 signed order is filed. 6 7 (

c) Premature notice of appeal 8 9

(1) A notice of appeal filed after judgment is rendered but before it is entered is 10 valid and is treated as filed immediately after entry of judgment. 11 12

(2) The appellate division may treat a notice of appeal filed after the trial court 13 has announced its intended ruling, but before it has rendered judgment, as 14 filed immediately after entry of judgment. 15 16 (

d) Late notice of appeal 17 18 If a notice of appeal is filed late, the appellate division must dismiss the appeal. 19 20 Rule 8.822 adopted effective January 1, 2009. 21 22 Advisory Committee Comment 23 24 Under rule 8.804(23), the term “judgment” includes any order that may be appealed. 25 26 27 Rule 8.823. Extending the time to appeal 28 29 (

a) Extension of time 30 31 This rule operates only to increase the time to appeal otherwise prescribed in rule 32 8.822(a); it does not shorten the time to appeal. If the normal time to appeal stated 33 in rule 8.822(

a) would be longer than the time provided in this rule, the time to 34 appeal stated in rule 8.822(

a) governs. 35 36 (

b) Motion for a new trial 37 38 If any party serves and files a valid notice of intention to move for a new trial, the 39 time to appeal from the judgment is extended for all parties as follows: 40 41

(1) If the motion is denied, until the earliest of: 42 43

19 (A) 15 days after the trial court clerk mails, or a party serves, an order 1 denying the motion or a notice of entry of that order; 2 3 (B) 15 days after denial of the motion by operation of law; or 4 5 (C) 90 days after entry of judgment; or 6 7

(2) If any party serves an acceptance of a conditionally ordered additur or 8 remittitur of damages under a trial court finding of excessive or inadequate 9 damages, until 15 days after the date the party serves the acceptance. 10 11 (

c) Motion to vacate judgment 12 13 If, within the time prescribed by rule 8.822 to appeal from the judgment, any party 14 serves and files a valid notice of intention to move to vacate the judgment or a valid 15 motion to vacate the judgment, the time to appeal from the judgment is extended for 16 all parties until the earliest of: 17 18 (1) 15 days after the trial court clerk mails, or a party serves, an order denying the 19 motion or a notice of entry of that order; 20 21 (2) 45 days after the first notice of intention to move or motion is filed; or 22 23 (3) 90 days after entry of judgment. 24 25 (

d) Motion for judgment notwithstanding the verdict 26 27

(1) If any party serves and files a valid motion for judgment notwithstanding the 28 verdict and the motion is denied, the time to appeal from the judgment is 29 extended for all parties until the earliest of: 30 31 (A) 15 days after the trial court clerk mails, or a party serves, an order 32 denying the motion or a notice of entry of that order; 33 34 (B) 15 days after denial of the motion by operation of law; or 35 36 (C) 90 days after entry of judgment. 37 38

(2) Unless extended by (e)(2), the time to appeal from an order denying a motion 39 for judgment notwithstanding the verdict is governed by rule 8.822. 40 41 (

e) Motion to reconsider appealable order 42 43

20 If any party serves and files a valid motion to reconsider an appealable order under 1 Code of Civil Procedure

section 1008(a), the time to appeal from that order is 2 extended for all parties until the earliest of: 3 4 (1) 15 days after the superior court clerk mails, or a party serves, an order denying 5 the motion or a notice of entry of that order; 6 7 (2) 45 days after the first motion to reconsider is filed; or 8 9 (3) 90 days after entry of the appealable order. 10 11 (

f) Cross-appeal 12 13

(1) If an appellant timely appeals from a judgment or appealable order, the time 14 for any other party to appeal from the same judgment or order is extended 15 until 10 days after the trial court clerk mails notification of the first appeal. 16 17

(2) If an appellant timely appeals from an order granting a motion for a new trial, 18 an order granting—within 75 days after entry of judgment—a motion to 19 vacate the judgment, or a judgment notwithstanding the verdict, the time for 20 any other party to appeal from the original judgment or from an order denying 21 a motion for judgment notwithstanding the verdict is extended until 10 days 22 after the clerk mails notification of the first appeal. 23 24 (

g) Showing date of order or notice; proof of service 25 26 An order or notice mailed by the clerk under this rule must show the date it was 27 mailed. An order or notice served by a party must be accompanied by proof of 28 service. 29 30 Rule 8.823 adopted effective January 1, 2009. 31 32 33 Rule 8.824. Writ of supersedeas 34 35 (

a) Petition 36 37

(1) A party seeking a stay of the enforcement of a judgment or order pending 38 appeal may serve and file a petition for writ of supersedeas in the appellate 39 division. 40 41

(2) The petition must bear the same title as the appeal. 42 43

(3) The petition must explain the necessity for the writ and include a 1 memorandum. 2 3

(4) If the record has not been filed in the reviewing court: 4 5 (

A) The petition must include a statement of the case sufficient to show that 6 the petitioner will raise substantial issues on appeal, including a fair 7

summary of the material facts, the issues that are likely to be raised on 8 appeal, and any oral statement by the court supporting its rulings related 9 to these issues. 10 11 (

B) The petitioner must file the following documents with the petition: 12 13 (

i) The judgment or order, showing its date of entry; 14 15 (ii) The notice of appeal, showing its date of filing; 16 17 (iii) Any application for a stay filed in the trial court and any opposition 18 to that application; and 19 20 (iv) Any other document from the trial court proceeding that is 21 necessary for proper consideration of the petition. 22 23 (

C) The documents listed in (

B) must comply with the following 24 requirements: 25 26 (

i) They must be bound together at the end of the petition or in 27 separate volumes not exceeding 300 pages each. The pages must be 28 consecutively numbered; 29 30 (ii) They must be index-tabbed by number or letter; and 31 32 (iii) They must begin with a table of contents listing each document by 33 its title and its index-tab number or letter. 34 35

(5) The petition must be verified. 36 37 (

b) Opposition 38 39

(1) Unless otherwise ordered, any opposition must be served and filed within 15 40 days after the petition is filed. 41 42

(2) An opposition must state any material facts not included in the petition and 1 include a memorandum. 2 3

(3) The court may not issue a writ of supersedeas until the respondent has had the 4 opportunity to file an opposition. 5 6 (

c) Temporary stay 7 8

(1) The petition may include a request for a temporary stay pending the ruling on 9 the petition. 10 11

(2) A separately filed request for a temporary stay must be served on the 12 respondent. For good cause, the presiding judge may excuse advance service. 13 14 (

d) Issuing the writ 15 16

(1) The court may issue the writ on any conditions it deems just. 17 18

(2) The court must notify the trial court, under rule 8.904, of any writ or stay that 19 it issues. 20 21 Rule 8.824 adopted effective January 1, 2009. 22 23 24 Rule 8.825. Abandonment, voluntary dismissal, and compromise 25 26 (

a) Notice of settlement 27 28

(1) If a civil case settles after a notice of appeal has been filed, either as a whole 29 or as to any party, the appellant who has settled must immediately serve and 30 file a notice of settlement in the appellate division. If the parties have 31 designated a clerk’s or a reporter’s transcript and the record has not been filed 32 in the appellate division, the appellant must also immediately serve a copy of 33 the notice on the trial court clerk. 34 35

(2) If the case settles after the appellant receives a notice setting oral argument, 36 the appellant must also immediately notify the appellate division of the 37 settlement by telephone or other expeditious method. 38 39

(3) Within 45 days after filing a notice of settlement—unless the court has 40 ordered a longer time period on a showing of good cause—the appellant who 41 filed the notice of settlement must file an abandonment under (b). 42 43

(4) If the appellant does not file an abandonment or a letter stating good cause 1 why the appeal should not be dismissed within the time period specified under 2 (3), the court may dismiss the appeal as to that appellant and order each side to 3 bear its own costs on appeal. 4 5

(5) Subdivision (

a) does not apply to settlements requiring findings to be made by 6 the Court of Appeal under Code of Civil Procedure

section 128(a)(8). 7 8 (

b) Abandonment 9 10

(1) The appellant may serve and file an abandonment of the appeal or a 11 stipulation to abandon the appeal in the appellate division. 12 13

(2) If the record has not been filed in the appellate division, the filing of an 14 abandonment effects a dismissal of the appeal and restores the trial court’s 15 jurisdiction. If the record has been filed in the appellate division, the appellate 16 division may dismiss the appeal and direct immediate issuance of the 17 remittitur. 18 19

(3) The clerk must promptly notify the adverse party of an abandonment. If the 20 record has not been filed in the appellate division, the clerk must also 21 immediately notify the trial court. 22 23

(4) If the appeal is abandoned before the clerk has completed preparation of the 24 transcript, the clerk must refund any portion of a deposit exceeding the 25 preparation cost actually incurred. 26 27

(5) If the appeal is abandoned before the reporter has filed the transcript, the 28 reporter must inform the trial court clerk of the cost of the portion of the 29 transcript that the reporter has completed. The clerk must pay that amount to 30 the reporter from the appellant’s deposited funds and refund any excess 31 deposit. 32 33 (

c) Approval of compromise 34 35 If a guardian or conservator seeks approval of a proposed compromise of a pending 36 appeal, the appellate division may, before ruling on the compromise, direct the trial 37 court to determine whether the compromise is in the minor’s or the conservatee’s 38 best interest and to report its findings. 39 40 Rule 8.825 adopted effective January 1, 2009. 41 42 Advisory Committee Comment 43

24 1 Abandonment of Appeal (Limited Civil Case) (form APP-106) may be used to file an abandonment under 2 this rule. This form is available at any courthouse or county law library or online at 3 www.courtinfo.ca.gov/forms. 4 5

Article 2. Record in Civil Appeals 6 7

Article 2 adopted effective January 1, 2009. 8 9 10 Rule 8.830. Record on appeal 11 12 (

a) Normal record 13 14 Except as otherwise provided in this chapter, the record on an appeal to the 15 appellate division in a civil case must contain the following, which constitute the 16 normal record on appeal: 17 18

(1) A record of the written documents from the trial court proceedings in the form 19 of one of the following: 20 21 (

A) A clerk’s transcript under rule 8.832; 22 23 (

B) If the court has a local rule for the appellate division electing to use this 24 form of the record, the original trial court file under rule 8.833; or 25 26 (

C) An agreed statement under rule 8.836. 27 28

(2) If an appellant wants to raise any issue that requires consideration of the oral 29 proceedings in the trial court, the record on appeal must include a record of 30 these oral proceedings in the form of one of the following: 31 32 (

A) A reporter’s transcript under rule 8.834 or a transcript prepared from an 33 official electronic recording under rule 8.835; 34 35 (

B) If the court has a local rule for the appellate division permitting this form 36 of the record, an official electronic recording of the proceedings under 37 rule 8.835; 38 39 (

C) An agreed statement under rule 8.836; or 40 41 (

D) A statement on appeal under rule 8.837. 42 43

25 (

b) Presumption from the record 1 2 The appellate division will presume that the record in an appeal includes all matters 3 material to deciding the issues raised. If the appeal proceeds without a reporter's 4 transcript, this presumption applies only if the claimed error appears on the face of 5 the record. 6 7 Rule 8.830 adopted effective January 1, 2009. 8 9 Advisory Committee Comment 10 11 Subdivision (a). The options of using the original trial court file instead of a clerk’s transcript under 12 (1)(

B) or an electronic recording itself, rather than a transcript, under (2)(

B) are available only if the court 13 has local rules for the appellate division authorizing these options. 14 15 16 Rule 8.831. Notice designating the record on appeal 17 18 (

a) Time to file 19 20 Within 10 days after filing the notice of appeal, an appellant must serve and file a 21 notice in the trial court designating the record on appeal. The appellant may 22 combine its notice designating the record with its notice of appeal. 23 24 (

b) Contents 25 26 The notice must specify: 27 28

(1) The date the notice of appeal was filed; 29 30

(2) Which form of the record of the written documents from the trial court 31 proceedings listed in rule 8.830(a)(1) the appellant elects to use. If the 32 appellant elects to use a clerk’s transcript, the notice must also: 33 34 (

A) Provide the filing date of each document that is required to be included 35 in the clerk’s transcript under 8.832(a)(1) or, if the filing date is not 36 available, the date it was signed; and 37 38 (

B) Designate, as provided under 8.832(b), any documents in addition to 39 those required under 8.832(a)(1) that the appellant wants included in the 40 clerk’s transcript; 41 42

(3) Whether the appellant elects to proceed with or without a record of the oral 43 proceedings in the trial court; 44

26 1

(4) If the appellant elects to proceed with a record of the oral proceedings in the 2 trial court, the notice must specify which form of the record listed in rule 3 8.830(a)(2) the appellant elects to use; 4 5

(5) If the appellant elects to use a reporter’s transcript, the notice must designate 6 the proceedings to be included in the transcript as required under rule 8.834; 7 8

(6) If the appellant elects to use an official electronic recording, the appellant 9 must attach a copy of the stipulation required under rule 8.835(c); and 10 11

(7) If the appellant elects to use an agreed statement, the appellant must attach to 12 the notice either the agreed statement or stipulation as required under rule 13 8.836(c)(1). 14 15 Rule 8.831 adopted effective January 1, 2009. 16 17 Advisory Committee Comment 18 19 Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) may be used to file the 20 designation required under this rule. This form is available at any courthouse or county law library or 21 online at www.courtinfo.ca.gov/forms.

To assist parties in making appropriate choices, courts are 22 encouraged to include information about whether the proceedings were recorded by a court reporter or 23 officially electronically recorded in any information that the court provides to parties concerning their 24 appellate rights. 25 26 If the appellant designates a clerk’s transcript or reporter’s transcript under this rule, the respondent will 27 have an opportunity to designate additional documents to be included in the clerk’s transcript under rule 28 8.832(b)(2) or additional proceedings to be included in the reporter’s transcript under rule 8.834(a)(3). 29 30 31 Rule 8.832.

Clerk’s transcript 32 33 (

a) Contents of clerk’s transcript 34 35

(1) The clerk’s transcript must contain: 36 37 (

A) The notice of appeal; 38 39 (

B) Any judgment appealed from and any notice of its entry; 40 41 (

C) Any order appealed from and any notice of its entry; 42 43 (

D) Any notice of intention to move for a new trial, or motion to vacate the 44 judgment, for judgment notwithstanding the verdict, or for 45

27 reconsideration of an appealed order, with supporting and opposing 1 memoranda and attachments, and any order on such motion and any 2 notice of its entry; 3 4 (

E) The notice designating the record on appeal; and 5 6 (

F) The register of actions, if any. 7 8

(2) Each document listed in (1)(A), (B), (C), and (

D) must show the date 9 necessary to determine the timeliness of the appeal under rule 8.822 or 8.823. 10 11

(3) If designated by any party, the clerk’s transcript must also contain: 12 13 (

A) Any other document filed or lodged in the case in the trial court; 14 15 (

B) Any exhibit admitted in evidence, refused, or lodged; and 16 17 (

C) Any jury instructions that any party submitted in writing, the cover page 18 required by rule 2.1055(b)(2), and any written jury instructions given by 19 the court. 20 21 (

b) Notice of designation 22 23

(1) Within 10 days after the appellant serves a notice under rule 8.831 indicating 24 that the appellant elects to use a clerk’s transcript, the respondent may serve 25 and file a notice in the trial court designating any additional documents the 26 respondent wants included in the clerk’s transcript. 27 28

(2) A notice designating documents to be included in a clerk’s transcript must 29 identify each designated document by its title and filing date or, if the filing 30 date is not available, the date it was signed. A notice designating documents in 31 addition to those listed in (a)(1) may specify portions of designated documents 32 that are not to be included in the clerk’s transcript. For minute orders or jury 33 instructions, it is sufficient to collectively designate all minute orders or all 34 minute orders entered between specified dates, or all written instructions 35 given, refused, or withdrawn. 36 37

(3) All exhibits admitted in evidence, refused, or lodged are deemed part of the 38 record, but a party wanting an exhibit included in the transcript must specify 39 that exhibit by number or letter in its designation. If the trial court has returned 40 a designated exhibit to a party, the party in possession of the exhibit must 41 promptly deliver it to the trial court clerk. 42 43

28 (

c) Deposit for cost of clerk’s transcript 1 2

(1) Within 30 days after the respondent files a designation under (b)(1) or the time 3 to file it expires, whichever first occurs, the trial court clerk must send: 4 5 (

A) To the appellant, notice of the estimated cost to prepare an original and 6 one copy of the clerk’s transcript; and 7 8 (

B) To each party other than the appellant, notice of the estimated cost to 9 prepare a copy of the clerk’s transcript for that party’s use. 10 11

(2) A notice under (1) must show the date it was sent. 12 13

(3) Within 10 days after the clerk sends a notice under (1), the appellant and any 14 party wanting to purchase a copy of the clerk’s transcript must deposit the 15 estimated cost with the clerk, unless otherwise provided by law or the party 16 submits an application for, or an order granting, a waiver of the cost under 17 rules 3.50–3.63. 18 19 (

d) Preparing the clerk’s transcript 20 21

(1) Within 30 days after the appellant deposits the estimated cost of the transcript 22 or the court files an order waiving that cost, the clerk must: 23 24 (

A) Prepare an original and one copy of the clerk’s transcript and certify the 25 original; and 26 27 (

B) Prepare any additional copies for which the parties have made deposits. 28 29

(2) If the appeal is abandoned or dismissed before the clerk has completed 30 preparation of the transcript, the clerk must refund any portion of the deposit 31 under (c)(3) exceeding the preparation cost actually incurred. 32 33 Rule 8.832 adopted effective January 1, 2009. 34 35 36 Rule 8.833. Trial court file instead of clerk’s transcript 37 38 (

a) Application 39 40 If the court has a local rule for the appellate division electing to use this form of the 41 record, the original trial court file may be used instead of a clerk’s transcript. This 42

29 rule and any supplemental provisions of the local rule then govern unless the trial 1 court orders otherwise after notice to the parties. 2 3 (

b) Cost estimate; preparation of file; transmittal 4 5

(1) Within 10 days after the appellant serves a notice under rule 8.831 indicating 6 that the appellant elects to use a clerk’s transcript, the trial court clerk may 7 mail the appellant a notice indicating that the appellate division for that court 8 has elected by local court rule to use the original trial court file instead of a 9 clerk’s transcript and providing the appellant with an estimate of the cost to 10 prepare the file, including the cost of sending the index under (4). 11 12

(2) Within 10 days after the clerk mails the estimate under (1), the appellant must 13 deposit the estimated cost with the clerk, unless otherwise provided by law or 14 the party submits an application for, or an order granting, a waiver of the cost 15 under rules 3.50–3.63. 16 17

(3) Within 10 days after the appellant deposits the cost or the court files an order 18 waiving that cost, the trial court clerk must put the trial court file in 19 chronological order, number the pages, and attach a chronological index and a 20 list of all attorneys of record, the parties they represent, and any unrepresented 21 parties. 22 23

(4) The clerk must send copies of the index to all attorneys of record and any 24 unrepresented parties for their use in paginating their copies of the file to 25 conform to the index. 26 27

(5) If the appellant elected to proceed with a reporter’s transcript, the clerk must 28 send the prepared file to the appellate division with the reporter’s transcript. If 29 the appellant elected to proceed without a reporter’s transcript, the clerk must 30 immediately send the prepared file to the appellate division. 31 32 Rule 8.833 adopted effective January 1, 2009. 33 34 35 Rule 8.834. Reporter’s transcript 36 37 (

a) Notice 38 39

(1) A notice designating a reporter’s transcript under rule 8.831 must specify the 40 date of each proceeding to be included in the transcript and may specify 41 portions of the designated proceedings that are not to be included. 42 43

(2) If the appellant designates less than all the testimony, the notice must state the 1 points to be raised on the appeal; the appeal is then limited to those points 2 unless, on motion, the appellate division permits otherwise. 3 4

(3) If the appellant serves and files a notice under 8.831 designating a reporter’s 5 transcript, the respondent may, within 10 days after such service, serve and 6 file a notice in the trial court designating any additional proceedings the 7 respondent wants included in the reporter’s transcript. 8 9

(4) The clerk must promptly mail a copy of each notice to the reporter. The copy 10 must show the date it was mailed. 11 12 (

b) Deposit or waiver 13 14

(1) Within 10 days after the clerk mails a notice under (a)(4), the reporter must 15 file the estimate with the clerk—or notify the clerk in writing of the date that 16 he or she notified the appellant directly—of the estimated cost of preparing the 17 reporter’s transcript. 18 19

(2) Within 10 days after the clerk notifies the appellant of the estimated cost of 20 preparing the reporter’s transcript or within 10 days after the reporter notifies 21 the appellant directly—the appellant must deposit with the clerk an amount 22 equal to the estimated cost or file with the clerk a waiver of the deposit signed 23 by the reporter. The clerk must then promptly notify the reporter to prepare the 24 transcript. 25 26 (

c) Contents of reporter’s transcript 27 28

(1) The reporter must transcribe all designated proceedings and must note in the 29 transcript where any proceedings were omitted and the nature of those 30 proceedings. The reporter must also note where any exhibit was marked for 31 identification and where it was admitted or refused, identifying such exhibits 32 by number or letter. 33 34

(2) The reporter must not transcribe the voir dire examination of jurors, any 35 opening statement, or the proceedings on a motion for new trial, unless they 36 are designated. 37 38

(3) If a party designates a portion of a witness’s testimony to be transcribed, the 39 reporter must transcribe the witness’s entire testimony unless the parties 40 stipulate otherwise. 41 42

(4) The reporter must not copy any document includable in the clerk’s transcript 1 under rule 8.832. 2 3 (

d) Filing the reporter’s transcript; copies; payment 4 5

(1) Within 20 days after the clerk notifies the reporter to prepare the transcript 6 under (b)(2)—or the reporter receives the fees from the appellant—the 7 reporter must prepare and certify an original of the reporter’s transcript and 8 file it in the trial court. The reporter must also file one copy of the original 9 transcript or more than one copy if multiple appellants equally share the cost 10 of preparing the record. 11 12

(2) When the transcript is completed, the reporter must bill each designating party 13 at the statutory rate and send a copy of the bill to the clerk. The clerk must pay 14 the reporter from that party’s deposited funds and refund any excess deposit or 15 notify the party of any additional funds needed. In a multiple reporter case, the 16 clerk must pay each reporter who certifies under penalty of perjury that his or 17 her transcript portion is completed. 18 19

(3) If the appeal is abandoned or is dismissed before the reporter has filed the 20 transcript, the reporter must inform the clerk of the cost of the portion of the 21 transcript that the reporter has completed. The clerk must pay that amount to 22 the reporter from the appellant’s deposited funds and refund any excess 23 deposit. 24 25 (

e) Notice when proceedings cannot be transcribed 26 27

(1) If any portion of the designated proceedings were not reported or cannot be 28 transcribed, the trial court clerk must so notify the designating party by mail; 29 the notice must show the date it was mailed. 30 31

(2) Within 10 days after the notice under (1) is mailed, the designating party must 32 notify the court whether the party elects to proceed with or without a record of 33 the oral proceedings that were not reported or cannot be transcribed. If the 34 party elects to proceed with a record of these oral proceedings, the notice must 35 specify which form of the record listed in rule 8.830(a)(2) other than a 36 reporter’s transcript the party elects to use. The party must comply with the 37 requirements applicable to the form of the record elected. 38 39

(3) This remedy supplements any other available remedies. 40 41 Rule 8.834 adopted effective January 1, 2009. 42 43

32 1 Rule 8.835. Record when trial proceedings were officially electronically recorded 2 3 (

a) Application 4 5 This rule applies only if: 6 7

(1) The trial court proceedings were officially recorded electronically under 8 Government Code

section 69957; and 9 10

(2) The electronic recording was prepared in compliance with applicable rules 11 regarding electronic recording of court proceedings. 12 13 (

b) Transcripts from official electronic recording 14 15 Written transcripts of official electronic recordings may be prepared under rule 16 2.952. A transcript prepared and certified as provided in that rule is prima facie a 17 true and complete record of the oral proceedings it purports to cover and satisfies 18 any requirement in these rules or in any statute for a reporter’s transcript of oral 19 proceedings. 20 21 (

c) Use of official recording as record of oral proceedings 22 23 If the court has a local rule for the appellate division permitting this, on stipulation 24 of the parties or on order of the trial court under rule 8.837(d), the original of an 25 official electronic recording of the trial court proceedings, or a copy made by the 26 court, may be transmitted as the record of these oral proceedings without being 27 transcribed. Such an official electronic recording satisfies any requirement in these 28 rules or in any statute for a reporter’s transcript of these proceedings. 29 30 (

d) Notice when proceedings were not officially electronically recorded or cannot 31 be transcribed 32 33

(1) If the appellant elects under rule 8.831 to use a transcript prepared from an 34 official electronic recording or the recording itself, the trial court clerk must 35 notify the appellant by mail if any portion of the designated proceedings was 36 not officially electronically recorded or cannot be transcribed. The notice must 37 show the date it was mailed. 38 39

(2) Within 10 days after the notice under (1) is mailed, the appellant must notify 40 the court whether the appellant elects to proceed with or without a record of 41 the oral proceedings that were not recorded or cannot be transcribed. If the 42 party elects to proceed with a record of these oral proceedings, the notice must 43

33 specify which form of the record listed in rule 8.830(a)(2) other than an 1 electronic recording the appellant elects to use. The appellant must comply 2 with the requirements applicable to the form of the record elected. 3 4 Rule 8.835 adopted effective January 1, 2009. 5 6 7 Rule 8.836. Agreed statement 8 9 (

a) What is an agreed statement 10 11 An agreed statement is a

summary of the trial court proceedings that is agreed to by 12 the parties. If the parties have prepared an agreed statement or stipulated to prepare 13 one, the appellant can elect under rule 8.831 to use an agreed statement as the 14 record of the documents filed in the trial court, replacing the clerk’s transcript, and 15 as the record of the oral proceedings in the trial court, replacing the reporter’s 16 transcript. 17 18 (

b) Contents of an agreed statement 19 20

(1) The agreed statement must explain the nature of the action, the basis of the 21 appellate division’s jurisdiction, and the rulings of the trial court relating to 22 the points to be raised on appeal. The statement should recite only those facts 23 that a party considers relevant to decide the appeal and must be signed by the 24 parties. 25 26

(2) If the agreed statement replaces a clerk’s transcript, the statement must be 27 accompanied by copies of all items required by rule 8.832(a)(1), showing the 28 dates required by rule 8.832(a)(2). 29 30

(3) The statement may be accompanied by copies of any document includable in 31 the clerk’s transcript under rule 8.832(a)(3). 32 33 (

c) Time to file; extension of time 34 35

(1) If an appellant indicates on its notice designating the record under rule 8.831 36 that it elects to use an agreed statement under this rule, the appellant must file 37 with the notice designating the record either the agreed statement or a 38 stipulation that the parties are attempting to agree on a statement. 39 40

(2) If the appellant files a stipulation under (1), within 30 days after filing the 41 notice of designation under rule 8.831, the appellant must either: 42 43

34 (

A) File the statement if the parties were able to agree on the statement; or 1 2 (

B) File both a notice stating that the parties were not able to agree on the 3 statement and a new notice designating the record under rule 8.831. In 4 the new notice designating the record, the appellant may not elect to use 5 an agreed statement. 6 7 Rule 8.836 adopted effective January 1, 2009. 8 9 10 Rule 8.837. Statement on appeal 11 12 (

a) Description 13 14 A statement on appeal is a

summary of the trial court proceedings that is approved 15 by the trial court. An appellant can elect under rule 8.831 to use a statement on 16 appeal as the record of the oral proceedings in the trial court, replacing the 17 reporter’s transcript. 18 19 (

b) Preparing the proposed statement 20 21

(1) If the appellant elects in its notice designating the record under rule 8.831 to 22 use a statement on appeal, the appellant must serve and file a proposed 23 statement within 20 days after filing the notice under rule 8.831. If the 24 appellant does not file a proposed statement within this time, the trial court 25 clerk must promptly notify the appellant by mail that it must file the proposed 26 statement within 15 days after the notice is mailed and that failure to comply 27 will result in the appeal being dismissed. 28 29

(2) Appellants who are not represented by an attorney must file their proposed 30 statement on Statement on Appeal (Limited Civil Case) (form APP-104). For 31 good cause, the court may permit the filing of a statement that is not on form 32 APP-104. 33 34 (

c) Contents of the proposed statement 35 36 The proposed statement must contain: 37 38

(1) A condensed narrative of the oral proceedings that the appellant believes 39 necessary for the appeal and a

summary of the trial court’s holding and 40 judgment. Subject to the court’s approval, the appellant may present some or 41 all of the evidence by question and answer. 42 43

(2) A statement of the points the appellant is raising on appeal. If the condensed 1 narrative under (

A) covers only a portion of the oral proceedings, then the 2 appeal is limited to the points identified in the statement unless, on motion, the 3 appellate division permits otherwise. 4 5 (

A) The statement must specify the intended grounds of appeal by clearly 6 stating each point to be raised but need not identify each particular ruling 7 or matter to be challenged. 8 9 (

B) The statement must include as much of the evidence or proceeding as 10 necessary to support the stated grounds. Any evidence or portion of a 11 proceeding not included will be presumed to support the judgment or 12 order appealed from. 13 14 (

C) If one of the grounds of appeal is insufficiency of the evidence, the 15 statement must specify how it is insufficient. 16 17 (

D) If one of the grounds of appeal challenges the giving, refusal, or 18 modification of a jury instruction, the statement must include any 19 instructions submitted orally and identify the party that requested the 20 instruction and any modification. 21 22 (

d) Review of the appellant’s proposed statement 23 24

(1) Within 10 days after the appellant files the proposed statement, the respondent 25 may serve and file proposed amendments to that statement. 26 27

(2) No later than 10 days after the respondent files proposed amendments or the 28 time to do so expires, a party may request a hearing to review and correct the 29 proposed statement. No hearing will be held unless ordered by the trial court 30 judge, and the judge will not ordinarily order a hearing unless there is a factual 31 dispute about a material aspect of the trial court proceedings. 32 33

(3) If a hearing is ordered, the court must promptly set the hearing date and 34 provide the parties with at least 5 days’ written notice of the hearing date. 35 36

(4) Except as provided in (6), if no hearing is ordered, no later than 10 days after 37 the time for requesting a hearing expires, the trial court judge must review the 38 proposed statement and any proposed amendments and make any corrections 39 or modifications to the statement necessary to ensure that it is an accurate 40

summary of the trial court proceedings. If a hearing is ordered, the trial court 41 judge must make any corrections or modifications to the statement within 10 42 days after the hearing. 43

36 1

(5) The trial court judge must not eliminate the appellant’s specification of 2 grounds of appeal from the proposed statement. 3 4

(6) If the trial court proceedings were reported by a court reporter or officially 5 electronically recorded under Government Code

section 69957 and the trial 6 court judge determines that it would save court time and resources, instead of 7 correcting a proposed statement on appeal: 8 9 (

A) If the court has a local rule for the appellate division permitting the use 10 of an official electronic recording as the record of the oral proceedings, 11 the trial court judge may order that the original of an official electronic 12 recording of the trial court proceedings, or a copy made by the court, be 13 transmitted as the record of these oral proceedings without being 14 transcribed. The court will pay for any copy of the official electronic 15 recording ordered under this subdivision; or 16 17 (

B) Unless the court has a local rule providing otherwise, the trial court 18 judge may order that a transcript be prepared as the record of the oral 19 proceedings. The court will pay for any transcript ordered under this 20 subdivision. 21 22 (

e) Review of the corrected statement 23 24

(1) If the trial court judge makes any corrections or modifications to the proposed 25 statement under (d), the clerk must send copies of the corrected or modified 26 statement to the parties. 27 28

(2) Within 10 days after the statement is sent to the parties, any party may serve 29 and file proposed modifications or objections to the statement. 30 31 (

f) Certification of the statement on appeal 32 33

(1) If the trial court judge does not make any corrections or modifications to the 34 proposed statement under (d)(4) and does not order either the use of an official 35 electronic recording or the preparation of a transcript in lieu of correcting the 36 proposed statement under (d)(6), the judge must promptly certify the 37 statement. 38 39

(2) If the trial court judge corrects or modifies an appellant’s proposed statement 40 under (d), within five days after the time for filing proposed modifications or 41 objections has expired, the judge must review any proposed modifications or 42 objections to the statement filed by the parties, make any corrections or 43

37 modifications to the statement necessary to ensure that it is an accurate 1

summary of the trial court proceedings, and certify the statement. 2 3 Rule 8.837 adopted effective January 1, 2009. 4 5 Advisory Committee Comment 6 7 Subdivision (b). Proposed Statement on Appeal (Limited Civil Case) (form AP-104) is available at any 8 courthouse or county law library or online at www.courtinfo.ca.gov/forms. 9 10 Subdivision (d). Under rule 8.804, the term “judge” includes a commissioner or a temporary judge. 11 12 13 Rule 8.838. Form of the record 14 15 (

a) Paper and format 16 17 Except as otherwise provided in this rule, clerk’s and reporter’s transcripts must 18 comply with the paper and format requirements of rule 8.144(a). 19 20 (

b) Indexes 21 22 At the beginning of the first volume of each: 23 24

(1) The clerk’s transcript must contain alphabetical and chronological indexes 25 listing each document and the volume and page where it first appears; 26 27

(2) The reporter’s transcript must contain alphabetical and chronological indexes 28 listing the volume and page where each witness’s direct, cross, and any other 29 examination, begins; and 30 31

(3) The reporter’s transcript must contain an index listing the volume and page 32 where any exhibit is marked for identification and where it is admitted or 33 refused. 34 35 (

c) Binding and cover 36 37

(1) Clerk’s and reporter’s transcripts must be bound on the left margin in volumes 38 of no more than 300 sheets, except that transcripts may be bound at the top if 39 required by a local rule of the appellate division. 40 41

(2) Each volume’s cover, preferably of recycled stock, must state the title and trial 42 court number of the case, the names of the trial court and each participating 43

38 trial judge, the names and addresses of appellate counsel for each party, the 1 volume number, and the inclusive page numbers of that volume. 2 3

(3) In addition to the information required by (2), the cover of each volume of the 4 reporter’s transcript must state the dates of the proceedings reported in that 5 volume. 6 7 Rule 8.838 adopted effective January 1, 2009. 8 9 10 Rule 8.839. Record in multiple appeals 11 12 (

a) Single record 13 14 If more than one appeal is taken from the same judgment or a related order, only 15 one record need be prepared, which must be filed within the time allowed for filing 16 the record in the latest appeal. 17 18 (

b) Cost 19 20 If there is more than one separately represented appellant, they must equally share 21 the cost of preparing the record, unless otherwise agreed by the appellants or 22 ordered by the trial court. Appellants equally sharing the cost are each entitled to a 23 copy of the record. 24 25 Rule 8.839 adopted effective January 1, 2009. 26 27 28 Rule 8.840.

Filing the record 29 30 When the record is complete, the trial court clerk must promptly send the original to 31 the appellate division and send to the appellant and respondent copies of any 32 certified statement on appeal and any copies of transcripts or official electronic 33 recordings that they have purchased. The appellate division clerk must promptly file 34 the original and mail notice of the filing date to the parties. 35 36 Rule 8.840 adopted effective January 1, 2009. 37 38 39 Rule 8.841. Augmenting and correcting the record in the appellate division 40 41 (

a) Augmentation 42 43

(1) At any time, on motion of a party or its own motion, the appellate division 1 may order the record augmented to include: 2 3 (

A) Any document filed or lodged in the case in the trial court; or 4 5 (

B) A certified transcript—or agreed statement or a statement on appeal—of 6 oral proceedings not designated under rule 8.831. 7 8

(2) A party must attach to its motion a copy, if available, of any document or 9 transcript that it wants added to the record. The pages of the attachments must 10 be consecutively numbered, beginning with the number 1. If the appellate 11 division grants the motion, it may augment the record with the copy. 12 13

(3) If the party cannot attach a copy of the matter to be added, the party must 14 identify it as required under rules 8.831. 15 16 (

b) Correction 17 18

(1) On agreement of the parties, motion of a party, or on its own motion, the 19 appellate division may order the correction or certification of any part of the 20 record. 21 22

(2) The appellate division may order the trial court to settle disputes about 23 omissions or errors in the record or to make corrections pursuant to stipulation 24 filed by the parties in that court. 25 26 (

c) Omissions 27 28

(1) If a clerk or reporter omits a required or designated portion of the record, a 29 party may serve and file a notice in the trial court specifying the omitted 30 portion and requesting that it be prepared, certified, and sent to the appellate 31 division. The party must serve a copy of the notice on the appellate division. 32 33

(2) The clerk or reporter must comply with a notice under (1) within 10 days after 34 it is filed. If the clerk or reporter fails to comply, the party may serve and file a 35 motion to augment under (a), attaching a copy of the notice. 36 37 (

d) Notice 38 39 The appellate division clerk must send all parties notice of the receipt and filing of 40 any matter under this rule. 41 42 Rule 8.841 adopted effective January 1, 2009. 43

40 1 2 Rule 8.842. Failure to procure the record 3 4 (

a) Notice of default 5 6 If a party fails to do any act required to procure the record, the trial court clerk must 7 promptly notify that party by mail that it must do the act specified in the notice 8 within 15 days after the notice is mailed and that, if it fails to comply, the reviewing 9 court may impose the following sanctions: 10 11

(1) If the defaulting party is the appellant, the court may dismiss the appeal; or 12 13

(2) If the defaulting party is the respondent, the court may proceed with the appeal 14 on the record designated by the appellant. 15 16 (

b) Sanctions 17 18 If the party fails to take the action specified in a notice given under (a), the trial 19 court clerk must promptly notify the appellate division of the default, and the 20 appellate division may impose one of the following sanctions: 21 22

(1) If the defaulting party is the appellant, the reviewing court may dismiss the 23 appeal but may vacate the dismissal for good cause; or 24 25

(2) If the defaulting party is the respondent, the reviewing court may order the 26 appeal to proceed on the record designated by the appellant, but the 27 respondent may obtain relief from default under rule 8.60(d). 28 29 Rule 8.842 adopted effective January 1, 2009. 30 31

Chapter 3. Appeals and Records in Misdemeanor Cases 32 33

Chapter 3 repealed and adopted effective January 1, 2009. 34 35

Article 1. Taking Appeals in Misdemeanor Cases 36 37

Article 1 adopted effective January 1, 2009. 38 39 Rule 8.850. Application of

chapter 40 41 The rules in this

chapter apply only to appeals in misdemeanor cases. In postconviction 42 appeals, misdemeanor cases are cases in which the defendant was convicted of a 43 misdemeanor and was not charged with any felony. In preconviction appeals, 44

41 misdemeanor cases are cases in which the defendant was charged with a misdemeanor 1 but was not charged with any felony. A felony is “charged” when an information or 2 indictment accusing the defendant of a felony is filed or a complaint accusing the 3 defendant of a felony is certified to the superior court under Penal Code

section 859a. 4 5 Rule 8.850 adopted effective January 1, 2009. 6 7 Advisory Committee Comment 8 9 Chapters 1 and 4 of this division also apply in appeals from misdemeanor cases. The rules that apply in 10 appeals in felony cases are located in

chapter 3 of division 1 of this title. 11 12 Penal Code

section 1466 provides that an appeal in a “misdemeanor or infraction case” is to the appellate 13 division of the superior court, and Penal Code

section 1235(b), in turn, provides that an appeal in a 14 “felony case” is to the Court of Appeal. Penal Code

section 691(

g) defines “misdemeanor or infraction 15 case” to mean “a criminal action in which a misdemeanor or infraction is charged and does not include a 16 criminal action in which a felony is charged in conjunction with a misdemeanor or infraction” (emphasis 17 added), and

section 691(

f) defines “felony case” to mean “a criminal action in which a felony is charged 18 and includes a criminal action in which a misdemeanor or infraction is charged in conjunction with a 19 felony” (emphasis added). 20 21 As rule 8.304 from the rules on felony appeals provides, the following types of cases are felony cases, not 22 misdemeanor cases: (1) an action in which the defendant is charged with a felony and a misdemeanor, but 23 is convicted of only the misdemeanor; (2) an action in which the defendant is charged with felony, but is 24 convicted of only a lesser offense; or (3) an action in which the defendant is charged with an offense filed 25 as a felony but punishable as either a felony or a misdemeanor, and the offense is thereafter deemed a 26 misdemeanor under Penal Code

section 17(b). Rule 8.304 makes it clear that a “felony case” is an action 27 in which a felony is charged regardless of the outcome of the action. Thus the question of which rules 28 apply—these rules governing appeals in misdemeanor cases or the rules governing appeals in felony 29 cases—is answered simply by examining the accusatory pleading: if that document charged the defendant 30 with at least one count of felony (as defined in Penal Code,

section 17(a)), the Court of Appeal has 31 appellate jurisdiction and the appeal must be taken under the rules on felony appeals even if the 32 prosecution did not result in a punishment of imprisonment in a state prison. 33 34 It is settled case law that an appeal is taken to the Court of Appeal not only when the defendant is charged 35 with and convicted of a felony, but also when the defendant is charged with both a felony and a 36 misdemeanor (Pen. Code, § 691(f)) but is convicted of only the misdemeanor (e.g., People v.

Brown 37 (1970) 10 Cal.App.3d 169); when the defendant is charged with a felony but is convicted of only a lesser 38 offense (Pen. Code, § 1159; e.g., People v. Spreckels (1954) 125 Cal.App.2d 507); and when the 39 defendant is charged with an offense filed as a felony but punishable as either a felony or a misdemeanor, 40 and the offense is thereafter deemed a misdemeanor under Penal Code

section 17(b) (e.g., People v. 41 Douglas (1999) 20 Cal.4th 85; People v. Clark (1971) 17 Cal.App.3d 890). 42 43 Trial court unification did not change this rule: after as before unification, “Appeals in felony cases lie to 44 the [C]ourt of [A]ppeal, regardless of whether the appeal is from the superior court, the municipal court, 45 or the action of a magistrate. Cf. Cal. Const. art.

VI, § 11(a) [except in death penalty cases, Courts of 46 Appeal have appellate jurisdiction when superior courts have original jurisdiction ‘in causes of a type 47 within the appellate jurisdiction of the [C]ourts of [A]ppeal on June 30, 1995. . . .’].” (“Recommendation 48 on Trial Court Unification” (July 1998) 28 Cal. Law Revision Com. Rep. 455–56.) 49 50

42 1 Rule 8.851. Appointment of appellate counsel 2 3 (

a) Standards for appointment 4 5

(1) On application, the appellate division must appoint appellate counsel for a 6 defendant convicted of a misdemeanor who: 7 8 (

A) Is subject to incarceration or a fine of more than $500 (including penalty 9 and other assessments), or who is likely to suffer significant adverse 10 collateral consequences as a result of the conviction; and 11 12 (

B) Was represented by appointed counsel in the trial court or establishes 13 indigency. 14 15

(2) On application, the appellate division may appoint counsel for any other 16 indigent defendant convicted of a misdemeanor. 17 18

(3) A defendant is subject to incarceration or a fine if the incarceration or fine is 19 in a sentence, is a condition of probation, or may be ordered if the defendant 20 violates probation. 21 22 (

b) Application; duties of trial counsel and clerk 23 24

(1) If defense trial counsel has reason to believe that the client is indigent and will 25 file an appeal, counsel must prepare and file in the trial court an application to 26 the appellate division for appointment of counsel. 27 28

(2) If the defendant was represented by appointed counsel in the trial court, the 29 application must include trial counsel’s declaration to that effect. If the 30 defendant was not represented by appointed counsel in the trial court, the 31 application must include a declaration of indigency in the form required by the 32 Judicial Council. 33 34

(3) When the trial court receives an application, the clerk must promptly send it to 35 the appellate division. A defendant may, however, apply directly to the 36 appellate division for appointment of counsel at any time after filing the notice 37 of appeal. 38 39 (

c) Defendant found able to pay in trial court 40 41

(1) If a defendant was represented by appointed counsel in the trial court and was 42 found able to pay all or part of the cost of counsel in proceedings under Penal 43

43 Code

section 987.8 or 987.81, the findings in those proceedings must be 1 included in the record or, if the findings were made after the record is sent to 2 the appellate division, must be sent as an augmentation of the record. 3 4

(2) In cases under (1), the appellate division may determine the defendant’s 5 ability to pay all or part of the cost of counsel on appeal, and if it finds the 6 defendant able, may order the defendant to pay all or part of that cost. 7 8 Rule 8.851 adopted effective January 1, 2009. 9 10 Advisory Committee Comment 11 12 Request for Court-Appointed Lawyer in Misdemeanor Appeal (form CR-133) may be used to request that 13 appellate counsel be appointed in a misdemeanor case.

If the appellant was not represented by the public 14 defender or other appointed counsel in the trial court, the appellant must use Defendant’s Financial 15 Statement on Eligibility for Appointment of Counsel and Reimbursement (form MC-210) to show 16 indigency. These forms are available at any courthouse or county law library or online at 17 www.courtinfo.ca.gov/forms. 18 19 20 Rule 8.852. Notice of appeal 21 22 (

a) Notice of appeal 23 24

(1) To appeal from a judgment or an appealable order of the trial court in a 25 misdemeanor case, the defendant or the People must file a notice of appeal in 26 the trial court. The notice must specify the judgment or order—or part of it— 27 being appealed. 28 29

(2) If the defendant appeals, the defendant or the defendant’s attorney must sign 30 the notice of appeal. If the People appeal, the attorney for the People must sign 31 the notice. 32 33

(3) The notice of appeal must be liberally construed in favor of its sufficiency. 34 35 36 (

b) Notification of the appeal 37 38

(1) When a notice of appeal is filed, the trial court clerk must promptly mail a 39 notification of the filing to the attorney of record for each party and to any 40 unrepresented defendant. The clerk must also mail or deliver this notification 41 to the appellate division clerk. 42 43

(2) The notification must show the date it was mailed or delivered, the number 1 and title of the case, the date the notice of appeal was filed, and whether the 2 defendant was represented by appointed counsel. 3 4

(3) The notification to the appellate division clerk must also include a copy of the 5 notice of appeal. 6 7

(4) A copy of the notice of appeal is sufficient notification under (1) if the 8 required information is on the copy or is added by the trial court clerk. 9 10

(5) The mailing of a notification under (1) is a sufficient performance of the 11 clerk’s duty despite the discharge, disqualification, suspension, disbarment, or 12 death of the attorney. 13 14

(6) Failure to comply with any provision of this subdivision does not affect the 15 validity of the notice of appeal. 16 17 Rule 8.852 adopted effective January 1, 2009. 18 19 Advisory Committee Comment 20 21 Notice of Appeal (Misdemeanor) (form CR-132) may be used to file the notice of appeal required under 22 this rule. This form is available at any courthouse or county law library or online at 23 www.courtinfo.ca.gov/forms. 24 25 Subdivision (a). The only orders that a defendant can appeal in a misdemeanor case are (1) orders 26 granting or denying a motion to suppress evidence (Penal Code

section 1538.5(j)); and (2) orders made 27 after the final judgment that affects the substantial rights of the defendant (Penal Code

section 1466). 28 29 30 Rule 8.853. Time to appeal 31 32 (

a) Normal time 33 34 A notice of appeal must be filed within 30 days after the rendition of the judgment 35 or the making of the order being appealed. If the defendant is committed before 36 final judgment for insanity or narcotics addiction, the notice of appeal must be filed 37 within 30 days after the commitment. 38 39 (

b) Cross-appeal 40 41 If the defendant or the People timely appeal from a judgment or appealable order, 42 the time for any other party to appeal from the same judgment or order is either the 43

45 time specified in (

a) or 15 days after the trial court clerk mails notification of the 1 first appeal, whichever is later. 2 3 (

c) Premature notice of appeal 4 5 A notice of appeal filed before the judgment is rendered or the order is made is 6 premature, but the appellate division may treat the notice as filed immediately after 7 the rendition of the judgment or the making of the order. 8 9 (

d) Late notice of appeal 10 11 The trial court clerk must mark a late notice of appeal “Received [date] but not 12 filed” and notify the party that the notice was not filed because it was late. 13 14 (

e) Receipt by mail from custodial institution 15 16 If the trial court clerk receives a notice of appeal by mail from a custodial institution 17 after the period specified in (

a) has expired but the envelope shows that the notice 18 was mailed or delivered to custodial officials for mailing within the period specified 19 in (a), the notice is deemed timely. The clerk must retain in the case file the 20 envelope in which the notice was received. 21 22 Rule 8.853 adopted effective January 1, 2009. 23 24 25 Rule 8.854. Stay of execution and release on appeal 26 27 (

a) Application 28 29 Pending appeal, the defendant may apply to the appellate division: 30 31

(1) For a stay of execution after a judgment of conviction or an order granting 32 probation; or 33 34

(2) For bail for release from custody, to reduce bail for release from custody, or 35 for release on other conditions. 36 37 (

b) Showing 38 39 The application must include a showing that the defendant sought relief in the trial 40 court and that the court unjustifiably denied the application. 41 42

46 (

c) Service 1 2 The application must be served on the prosecuting attorney. 3 4 (

d) Interim relief 5 6 Pending its ruling on the application, the appellate division may grant the relief 7 requested. The appellate division must notify the trial court of any stay that it 8 grants. 9 10 Rule 8.854 adopted effective January 1, 2009. 11 12 Advisory Committee Comment 13 14 Subdivision (c). As defined in rule 8.804, the “prosecuting attorney” may be the city attorney, county 15 counsel, district attorney, or state Attorney General, depending on what government agency filed the 16 criminal charges. 17 18 19 Rule 8.855. Abandoning the appeal 20 21 (

a) How to abandon 22 23 An appellant may abandon the appeal at any time by filing an abandonment of the 24 appeal signed by the appellant or the appellant’s attorney of record. 25 26 (

b) Where to file; effect of filing 27 28

(1) The appellant must file the abandonment in the appellate division. 29 30

(2) If the record has not been filed in the appellate division, the filing of an 31 abandonment effects a dismissal of the appeal and restores the trial court’s 32 jurisdiction. 33 34

(3) If the record has been filed in the appellate division, the appellate division 35 may dismiss the appeal and direct immediate issuance of the remittitur. 36 37 (

c) Clerk’s duties 38 39

(1) The appellate division clerk must immediately notify the adverse party of the 40 filing or of the order of dismissal. 41 42

(2) If the record has not been filed in the appellate division, the clerk must 43 immediately notify the trial court. 44

47 1

(3) If a reporter’s transcript has been requested, the clerk must immediately notify 2 the reporter if the appeal is abandoned before the reporter has filed the 3 transcript. 4 5 Rule 8.855 adopted effective January 1, 2009. 6 7 Advisory Committee Comment 8 9 Abandonment of Appeal (Misdemeanor) (form CR-137) may be used to file an abandonment under this 10 rule. This form is available at any courthouse or county law library or online at 11 www.courtinfo.ca.gov/forms. 12 13

Article 2. Record in Misdemeanor Appeals 14 15

Article 2 adopted effective January 1, 2009. 16 17 18 Rule 8.860. Normal record on appeal 19 20 (

a) Contents 21 22 Except as otherwise provided in this chapter, the record on an appeal to a superior 23 court appellate division in a misdemeanor criminal case must contain the following, 24 which constitute the normal record on appeal: 25 26

(1) A record of the written documents from the trial court proceedings in the form 27 of one of the following: 28 29 (

A) A clerk’s transcript under rule 8.861 or 8.867; or 30 31 (

B) If the court has a local rule for the appellate division electing to use this 32 form of the record, the original trial court file under rule 8.863. 33 34

(2) If an appellant wants to raise any issue that requires consideration of the oral 35 proceedings in the trial court, the record on appeal must include a record of 36 the oral proceedings in the form of one of the following: 37 38 (

A) A reporter’s transcript under rules 8.865–8.867 or a transcript prepared 39 from an official electronic recording under rule 8.868; 40 41 (

B) If the court has a local rule for the appellate division permitting this form 42 of the record, an official electronic recording of the proceedings under 43 rule 8.868; or 44

48 1 (

C) A statement on appeal under rule 8.869. 2 3 (

b) Stipulation for limited record 4 5 If, before the record is certified, the appellant or counsel for the appellant and the 6 People stipulate in writing that any part of the record is not required for proper 7 determination of the appeal and file that stipulation in the trial court, that part of the 8 record must not be prepared or sent to the appellate division. 9 10 Rule 8.860 adopted effective January 1, 2009. 11 12 13 Rule 8.861. Contents of clerk’s transcript 14 15 Except in appeals covered by rule 8.867 or when the parties have filed a stipulation under 16 rule 8.860(

b) that any of these items is not required for proper determination of the 17 appeal, the clerk’s transcript must contain: 18 19

(1) The complaint, including any notice to appear, and any amendment; 20 21

(2) Any demurrer or other plea; 22 23

(3) All court minutes; 24 25

(4) Any jury instructions that any party submitted in writing, the cover page required by 26 rule 2.1055(b)(2), and any written jury instructions given by the court; 27 28

(5) Any written communication between the court and the jury or any individual juror; 29 30

(6) Any verdict; 31 32

(7) Any written findings or opinion of the court; 33 34

(8) The judgment or order appealed from; 35 36

(9) Any motion or notice of motion for new trial, in arrest of judgment, or to dismiss 37 the action, with supporting and opposing memoranda and attachments; 38 39

(10) Any transcript of a sound or sound-and-video recording furnished to the jury or 40 tendered to the court under rule 2.1040; and 41 42

(11) The notice of appeal; and 43

49 1

(12) If the appellant is the defendant: 2 3 (

A) Any written defense motion denied in whole or in part, with supporting and 4 opposing memoranda and attachments; 5 6 (

B) If related to a motion under (A), any search warrant and return; 7 8 (

C) Any document admitted in evidence to prove a prior juvenile adjudication, 9 criminal conviction, or prison term. If a record was closed to public 10 inspection in the trial court because it is required to be kept confidential by 11 law, it must remain closed to public inspection in the appellate division 12 unless that court orders otherwise; and 13 14 (

D) The probation officer’s report. 15 16 Rule 8.861 adopted effective January 1, 2009. 17 18 19 Rule 8.862. Preparation of clerk’s transcript 20 21 (

a) When preparation begins 22 23 Unless the original court file will be used in place of a clerk’s transcript under rule 24 8.863, the clerk must begin preparing the clerk’s transcript immediately after the 25 notice of appeal is filed. 26 27 (

b) Format of transcript 28 29 The clerk’s transcript must comply with rule 8.144. 30 31 (

c) When preparation must be completed 32 33 Within 20 days after the notice of appeal is filed, the clerk must complete 34 preparation of an original clerk’s transcript for the appellate division, one copy for 35 the appellant, and one copy for the prosecuting attorney. If there is more than one 36 appellant, the clerk must prepare an extra copy for each additional appellant who is 37 represented by separate counsel or self-represented. 38 39 (

d) Certification 40 41 The clerk must certify as correct the original and all copies of the clerk’s transcript. 42 43

50 Rule 8.862 adopted effective January 1, 2009. 1 2 Advisory Committee Comment 3 4 Rule 8.872 addresses when the clerk’s transcript is sent to the appellate division in misdemeanor appeals. 5 6 7 Rule 8.863. Trial court file instead of clerk’s transcript 8 9 (

a) Application 10 11 If the court has a local rule for the appellate division electing to use this form of the 12 record, the original trial court file may be used instead of a clerk’s transcript. This 13 rule and any supplemental provisions of the local rule then govern unless the trial 14 court orders otherwise after notice to the parties. 15 16 (

b) When original file must be prepared 17 18 Within 20 days after the filing of the notice of appeal, the trial court clerk must put 19 the trial court file in chronological order, number the pages, and attach a 20 chronological index and a list of all attorneys of record, the parties they represent, 21 and any unrepresented parties. 22 23 (

c) Copies 24 25 The clerk must send a copy of the index to the appellant and the prosecuting 26 attorney for use in paginating their copies of the file to conform to the index. If 27 there is more than one appellant, the clerk must prepare an extra copy of the index 28 for each additional appellant who is represented by separate counsel or self -29 represented. 30 31 Rule 8.863 adopted effective January 1, 2009. 32 33 Advisory Committee Comment 34 35 Rule 8.872 addresses when the original file is sent to the appellate division in misdemeanor appeals. 36 37 38 Rule 8.864. Record of oral proceedings 39 40 (

a) Appellant’s election 41 42 The appellant must notify the trial court whether he or she elects to proceed with or 43 without a record of the oral proceedings in the trial court. If the appellant elects to 44

51 proceed with a record of the oral proceedings in the trial court, the notice must 1 specify which form of the record of the oral proceedings in the trial court the 2 appellant elects to use: 3 4

(1) A reporter’s transcript under rules 8.865–8.867 or a transcript prepared from 5 an official electronic recording of the proceedings under rule 8.868(b). If the 6 appellant elects to use a reporter’s transcript, the clerk must promptly mail a 7 copy of appellant’s notice making this election and the notice of appeal to 8 each court reporter; 9 10

(2) An official electronic recording of the proceedings under rule 8.868(c). If the 11 appellant elects to use the official electronic recording itself, rather than a 12 transcript prepared from that recording, the appellant must attach a copy of the 13 stipulation required under rule 8.868(c); or 14 15

(3) A statement on appeal under rule 8.869. 16 17 (

b) Time for filing election 18 19 The notice of election required under (

a) must be filed no later than the following: 20 21

(1) If no application for appointment of counsel is filed, 20 days after the notice 22 of appeal is filed; or 23 24

(2) If an application for appointment of counsel is filed before the period under 25 (

A) expires, either 10 days after the court appoints counsel to represent the 26 defendant on appeal or denies the application for appointment of counsel or 20 27 days after the notice of appeal is filed, whichever is later. 28 29 (

c) Statement on appeal when proceedings cannot be transcribed or were not 30 recorded 31 32

(1) If the appellant elects under (

a) to use a reporter’s transcript or a transcript 33 prepared from an official electronic recording or the recording itself, the trial 34 court clerk must notify the appellant within 10 days after the appellant files 35 this election if any portion of the oral proceedings listed in rule 8.865 was not 36 reported or officially recorded electronically or cannot be transcribed. The 37 notice must indicate that the appellant may use a statement on appeal as the 38 record of the portion of the proceedings that was not recorded or cannot be 39 transcribed. 40 41

(2) Within 15 days after this notice is mailed by the clerk, the appellant must file a 42 notice with the court stating whether the appellant elects to use a statement on 43

52 appeal as the record of the portion of the proceedings that was not recorded or 1 cannot be transcribed. 2 3 Rule 8.864 adopted effective January 1, 2009. 4 5 Advisory Committee Comment 6 7 Notice Regarding Record of Oral Proceedings (Misdemeanor) (form CR-134) may be used to file the 8 election required under this rule. This form is available at any courthouse or county law library or online 9 at www.courtinfo.ca gov/forms.

To assist parties in making an appropriate election, courts are encouraged 10 to include information about whether the proceedings were recorded by a court reporter or officially 11 electronically recorded in any information that the court provides to parties concerning their appellate 12 rights. 13 14 15 Rule 8.865. Contents of reporter’s transcript 16 17 Except in appeals covered by rule 8.867 or when the parties have filed a stipulation under 18 rule 8.860(

b) or the trial court has ordered that any of these items is not required for 19 proper determination of the appeal, the reporter’s transcript must contain: 20 21

(1) The oral proceedings on the entry of any plea other than a not guilty plea; 22 23

(2) The oral proceedings on any motion in limine; 24 25

(3) The oral proceedings at trial, but excluding the voir dire examination of jurors and 26 any opening statement; 27 28

(4) Any jury instructions given orally; 29 30

(5) Any oral communication between the court and the jury or any individual juror; 31 32

(6) Any oral opinion of the court; 33 34

(7) The oral proceedings on any motion for new trial; 35 36

(8) The oral proceedings at sentencing, granting or denying probation, or other 37 dispositional hearing; 38 39

(9) If the appellant is the defendant, the reporter’s transcript must also contain: 40 41 (

A) The oral proceedings on any defense motion denied in whole or in

part 42 except motions for disqualification of a judge; 43 44

53 (

B) Any closing arguments; and 1 2 (

C) Any comment on the evidence by the court to the jury. 3 4 Rule 8.865 adopted effective January 1, 2009. 5 6 7 Rule 8.866. Preparation of reporter’s transcript 8 9 (

a) When preparation begins 10 11

(1) Unless the court has a local rule providing otherwise, the reporter must 12 immediately begin preparing the reporter’s transcript if the notice sent to the 13 reporter by the clerk under rule 8.864(a)(1) indicates either: 14 15 (

A) That the defendant was represented by appointed counsel at trial; or 16 17 (

B) That the appellant is the People. 18 19

(2) If the notice sent to the reporter by the clerk under rule 8.864(a)(1) indicates 20 that the appellant is the defendant and that the defendant was not represented 21 by appointed counsel at trial: 22 23 (

A) Within 10 days after the date the clerk mailed the notice under rule 24 8.864(a)(1), the reporter must file with the clerk the estimated cost of 25 preparing the reporter’s transcript; and 26 27 (

B) The clerk must promptly notify the appellant and his or her counsel of 28 the estimated cost of preparing the reporter’s transcript. The notification 29 must show the date it was mailed. 30 31 (

C) Within 10 days after the date the clerk mailed the notice under (B), the 32 appellant must do one of the following: 33 34 (

i) Deposit with the clerk an amount equal to the estimated cost of 35 preparing the transcript; 36 37 (ii) File a declaration of indigency supported by evidence in the form 38 required by the Judicial Council; or 39 40 (iii) Notify the clerk that he or she will be using a statement on appeal 41 instead of a reporter’s transcript. 42 43

54 (

D) The clerk must promptly notify the reporter to begin preparing the 1 transcript when: 2 3 (

i) The clerk receives the required deposit under (C)(i); or 4 5 (ii) The trial court determines that the defendant is indigent and orders 6 that the defendant receive the transcript without cost. 7 8 (

b) Format of transcript 9 10 The reporter’s transcript must comply with rule 8.144. 11 12 (

c) Copies and certification 13 14 The reporter must prepare an original and the same number of copies of the 15 reporter’s transcript as rule 8.862 requires of the clerk’s transcript and must certify 16 each as correct. 17 18 (

d) When preparation must be completed 19 20 The reporter must deliver the original and all copies to the trial court clerk as soon 21 as they are certified but no later than 20 days after the reporter is required to begin 22 preparing the transcript under (a). 23 24 (

e) Multi-reporter cases 25 26 In a multi-reporter case, the clerk must accept any completed portion of the 27 transcript from the primary reporter one week after the time prescribed by (

d) even 28 if other portions are uncompleted. The clerk must promptly pay each reporter who 29 certifies that all portions of the transcript assigned to that reporter are completed. 30 31 Rule 8.866 adopted effective January 1, 2009. 32 33 Advisory Committee Comment 34 35 Subdivision (a). If the appellant was not represented by the public defender or other appointed counsel in 36 the trial court, the appellant must use Defendant’s Financial Statement on Eligibility for Appointment of 37 Counsel and Reimbursement (form MC-210) to show indigency.

This form is available at any courthouse 38 or county law library or online at www.courtinfo.ca.gov/forms. 39 40 41 Rule 8.867. Limited normal record in certain appeals 42 43

55 If the People appeal from a judgment on a demurrer to the complaint, including any 1 notice to appear, or if the defendant or the People appeal from an appealable order other 2 than a ruling on a motion for new trial, the normal record is composed of: 3 4

(1) Record of the documents filed in the trial court 5 6 A clerk’s transcript or original trial court file containing: 7 8 (

A) The complaint, including any notice to appear, and any amendment; 9 10 (

B) Any demurrer or other plea; 11 12 (

C) Any motion or notice of motion granted or denied by the order appealed 13 from, with supporting and opposing memoranda and attachments; 14 15 (

D) The judgment or order appealed from and any abstract of judgment or 16 commitment; 17 18 (

E) Any court minutes relating to the judgment or order appealed from; and 19 20 (

F) The notice of appeal. 21 22

(2) Record of the oral proceedings in the trial court 23 24 If an appellant wants to raise any issue which requires consideration of the oral 25 proceedings in the trial court, a reporter’s transcript, transcript prepared under rule 26 8.866 or a settled statement under rule 8.869 summarizing any oral proceedings 27 incident to the judgment or order being appealed. 28 29 Rule 8.867 adopted effective January 1, 2009. 30 31 32 Rule 8.868. Record when trial proceedings were officially electronically recorded 33 34 (

a) Application 35 36 This rule applies only if: 37 38

(1) The trial court proceedings were officially recorded electronically under 39 Government Code

section 69957; and 40 41

(2) The electronic recording was prepared in compliance with applicable rules 42 regarding electronic recording of court proceedings. 43

56 1 (

b) Transcripts from official electronic recording 2 3 Written transcripts of an official electronic recording may be prepared under rule 4 2.952. A transcript prepared and certified as provided in that rule is prima facie a 5 true and complete record of the oral proceedings it purports to cover, and satisfies 6 any requirement in these rules or in any statute for a reporter’s transcript of oral 7 proceedings. 8 9 (

c) Use of official recording as record of oral proceedings 10 11 If the court has a local rule for the appellate division permitting this, on stipulation 12 of the parties or on order of the trial court under rule 8.869(d)(5), the original of an 13 official electronic recording of the trial court proceedings, or a copy made by the 14 court, may be transmitted as the record of these oral proceedings without being 15 transcribed. Such an electronic recording satisfies any requirement in these rules or 16 in any statute for a reporter's transcript of these proceedings. 17 18 (

d) When preparation begins 19 20

(1) If the appellant files an election under rule 8.864 to use a transcript of an 21 official electronic recording or a copy of the official electronic recording as 22 the record of the oral proceedings, unless the trial court has a local rule 23 providing otherwise, preparation of a transcript or a copy of the recording 24 must begin immediately if either: 25 26 (

A) The defendant was represented by appointed counsel at trial; or 27 28 (

B) The appellant is the People. 29 30

(2) If the appellant is the defendant and the defendant was not represented by 31 appointed counsel at trial: 32 33 (

A) Within 10 days after the date the defendant files the election under rule 34 8.864(a)(1), the clerk must notify the appellant and his or her counsel of 35 the estimated cost of preparing the transcript or the copy of the 36 recording. The notification must show the date it was mailed. 37 38 (

B) Within 10 days after the date the clerk mailed the notice under (A), the 39 appellant must do one of the following: 40 41 (

i) Deposit with the clerk an amount equal to the estimated cost of 42 preparing the transcript or the copy of the recording; 43

57 1 (ii) File a declaration of indigency supported by evidence in the form 2 required by the Judicial Council; or 3 4 (iii) Notify the clerk that he or she will be using a statement on appeal 5 instead of a transcript or copy of the recording. 6 7 (

C) Preparation of the transcript must begin when: 8 9 (

i) The clerk receives the required deposit under (B)(i); or 10 11 (ii) The trial court determines that the defendant is indigent and orders 12 that the defendant receive the transcript or the copy of the 13 recording without cost. 14 15 Rule 8.868 adopted effective January 1, 2009. 16 17 Advisory Committee Comment 18 19 Subdivision (d). If the appellant was not represented by the public defender or other appointed counsel in 20 the trial court, the appellant must use Defendant’s Financial Statement on Eligibility for Appointment of 21 Counsel and Reimbursement (form MC-210) to show indigency.

This form is available at any courthouse 22 or county law library or online at www.courtinfo.ca.gov/forms. 23 24 25 Rule 8.869. Statement on appeal 26 27 (

a) Description 28 29 A statement on appeal is a

summary of the trial court proceedings that is approved 30 by the trial court. An appellant can elect under rule 8.864 to use a statement on 31 appeal as the record of the oral proceedings in the trial court, replacing the 32 reporter’s transcript. 33 34 (

b) Preparing the proposed statement 35 36

(1) If the appellant elects under rule 8.864 to use a statement on appeal, the 37 appellant must prepare, serve, and file a proposed statement within 20 days 38 after filing the record preparation election. 39 40

(2) Appellants who are n