Rule 8.147. Record in multiple or later appeals in same case
(a) Multiple appeals
(1)If more than one appeal is taken from the same judgment or a related order, only one record need be prepared, which must be filed within the time allowed for filing the record in the latest appeal.
(2)If there is more than one separately represented appellant, they must equally share the cost of preparing the record, unless otherwise agreed by the appellants or ordered by the superior court. Appellants equally sharing the cost are each entitled to a copy of the record.
(b) Later appeal
In an appeal in which the parties are using either a clerk's transcript under rule 8.122 or a reporter's transcript under rule 8.130:
(1)A party wanting to incorporate by reference all or parts of a record in a prior appeal in the same case must specify those parts in its designation of the record.
(A)The prior appeal must be identified by its case name and number. If only part of a record is being incorporated by reference, that part must be identified by citation to the volume, where applicable, and page numbers of the record where it appears and either the title of the document or documents or the date of the oral proceedings to be incorporated. The parts of any record incorporated by reference must be identified in a separate section at the end of the designation of the record.
(B)If the transcript incorporates by reference any such record, the cover of the transcript must prominently display the notice "Record in case number: ___ incorporated by reference," identifying the number of the case from which the record is incorporated.
(C)On request of the reviewing court or any party, the designating party must provide a copy of the materials incorporated by reference to the reviewing court or another party or lend them as provided in rule 8.153.
(2)A party wanting any parts of a clerk's transcript or other record of the written documents from a prior appeal in the same case to be copied into the clerk's transcript in a later appeal must specify those parts in its designation of the record as provided in (1). The estimated cost of copying these materials must be included in the clerk's estimate of the cost of preparing the transcript under rule 8.122(c)(1). On request of the trial court clerk, the designating party must provide a copy of or lend the materials to be copied to the clerk. The parts of any record from a prior appeal that are copied into a clerk's transcript under this rule must be placed in a separate section at the end of the transcript and identified in a separate section at the end of the indexes.
(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2010.)
Rule 8.147 amended effective January 1, 2016; repealed and adopted as rule 10 effective January 1, 2002; previously amended and renumbered as rule 8.147 effective January 1, 2007; previously amended effective January 1, 2008, and January 1, 2010.
Advisory Committee Comment
Subdivision (a). Subdivision (a)(1) provides broadly for a single record whenever there are multiple appeals "from the same judgment or a related order." Multiple appeals from the same judgment include all cases in which opposing parties, or multiple parties on the same side of the case, appeal from the judgment. Multiple appeals from a judgment and a related order include all cases in which one party appeals from the judgment and another party appeals from any appealable order arising from or related to the judgment, i.e., not only orders contemplated by rule 8.108 (e.g., denying a motion for judgment notwithstanding the verdict) but also, for example, posttrial orders granting or denying attorney fees. The purpose is to encourage, when practicable, the preparation of a single record for all appeals taken in the same case. In specifying that "only one record need be prepared," of course, the rule does not depart from the basic requirement that an original and at least one copy of the record be prepared.
The second sentence of subdivision (a)(2) applies when multiple appellants equally share the cost of preparing the record and that cost includes the cost of a copy for each appellant. An appellant wanting the reporter to prepare an additional copy of the record-i.e., additional to the copy required by rule 8.130(f)(1)-must make a timely deposit adequate to cover the cost of that copy.