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2014 California Rules of Court

Rule 8.123. Record of administrative proceedings

(a) Application

This rule applies if the record of an administrative proceeding was admitted in evidence, refused, or lodged in the superior court.

(b) Designation

(1)An appellant's notice designating the record on appeal under rule 8.121 that requests a record of an administrative proceeding be transmitted to the reviewing court must identify the administrative record by the title and date or dates of the administrative proceedings.

(2)If an appellant does not request that an administrative record admitted in evidence, refused, or lodged in the superior court be transmitted to the reviewing court, the respondent, within 10 days after the appellant serves its notice designating the record on appeal, may serve and file in the superior court a notice requesting that this administrative record be transmitted to the reviewing court.

(c) Transmittal to the reviewing court

Except as provided in (d), if any administrative record is designated by a party, the superior court clerk must transmit the original administrative record with any clerk's or reporter's transcript sent to the reviewing court under rule 8.150. If the appellant has elected under rule 8.121 to use neither a clerk's transcript nor a reporter's transcript, the superior court clerk must transmit any administrative record designated by a party to the reviewing court no later than 45 days after the respondent files a designation under (b)(2) or the time for filing it expires, whichever first occurs.

(Subd (c) amended and relettered effective January 1, 2013; adopted as subd (d).)

(d) Administrative records returned to parties

(1)If the superior court has returned a designated administrative record to a party, the party in possession of the administrative record must make that record available to the other parties in the case for copying within 15 days after the notice designating the record on appeal is served and lodge the record with the clerk of the reviewing court at the time the last respondent's brief is due.

(2)A party seeking an administrative record that was returned to another party must first ask the possessing party to provide a copy or lend it for copying. The possessing party should reasonably cooperate with such requests.

(3)If the request under (2) is unsuccessful, the requesting party may serve and file in the reviewing court a notice identifying the administrative record and requesting that the possessing party deliver the administrative record to the requesting party or, if the possessing party prefers, to the reviewing court. The possessing party must comply with the request within 10 days after the notice was served.

(4)If the possessing party sends the administrative record to the requesting party, that party must copy and return it to the possessing party within 10 days after receiving it.

(5)If the possessing party sends the administrative record to the reviewing court, that party must:

(A)Include with the administrative record a copy of the notice served by the requesting party; and

(B)Immediately notify the requesting party that it has sent the administrative record to the reviewing court.

(Subd (d) amended and relettered effective January 1, 2013; adopted as subd (c).)

(e) Return by reviewing court

On request, the reviewing court may return an administrative record to the superior court or, if the record was lodged by a party under (d), to the lodging party. When the remittitur issues, the reviewing court must return any administrative record to the superior court or, if the record was lodged by a party under (d), to the lodging party.

(Subd (e) amended effective January 1, 2013.)

Rule 8.123 amended effective January 1, 2013; adopted effective January 1, 2008.

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