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2024 California Rules of Court

Rule 8.120. Record on appeal

Except as otherwise provided in this chapter, the record on an appeal in a civil case must contain the records specified in (a) and (b), which constitute the normal record on appeal.

(a) Record of written documents

(1)  A record of the written documents from the superior court proceedings in the form of one of the following:

(A)  A clerk's transcript under rule 8.122;

(B)  An appendix under rule 8.124;

(C)  The original superior court file under rule 8.128, if a local rule of the reviewing court permits this form of the record;

(D)  An agreed statement under rule 8.134(a)(2); or

(E)  A settled statement under rule 8.137.

(2)  If an appellant intends to raise any issue that requires consideration of the record of an administrative proceeding that was admitted in evidence, refused, or lodged in the superior court, the record on appeal must include that administrative record, transmitted under rule 8.123.

(b) Record of the oral proceedings

If an appellant intends to raise any issue that requires consideration of the oral proceedings in the superior court, the record on appeal must include a record of these oral proceedings in the form of one of the following:

(1)  A reporter's transcript under rule 8.130;

(2)  An agreed statement under rule 8.134; or

(3)  A settled statement under rule 8.137.

Rule 8.120 adopted effective January 1, 2008.

Advisory Committee Comment

Rules 8.45-8.47 address the appropriate handling of sealed and confidential records that are included in the record on appeal. Examples of confidential records include records of the family conciliation court (Fam. Code, § 1818 (b)) and fee waiver applications (Gov. Code, § 68633(f)).

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