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2014 California Rules of Court

Rule 8.149. When the record is complete

(a) Record of written documents

If the appellant elected to proceed without a record of the oral proceedings in the trial court and the parties are not proceeding by appendix under rule 8.124, the record is complete:

(1)If a clerk's transcript will be used, when the clerk's transcript is certified under rule 8.122(d);

(2)If the original superior court file will be used instead of the clerk's transcript, when that original file is ready for transmission as provided under rule 8.128(b);

(3)If an agreed statement will be used instead of the clerk's transcript, when the appellant files the agreed statement under rule 8.134(b);

(4)If a settled statement will be used instead of the clerk's transcript, when the statement has been certified by the trial court under rule 8.137(c); or

(5)If any party requested that a record of an administrative proceeding held by the superior court be transmitted to the reviewing court, when that record of that administrative proceeding is ready for transmittal to the reviewing court and any clerk's transcript or other record of the documents from the trial court is complete as provided in (1)-(4).

(b) Record of the oral proceedings

(1)If the parties are not proceeding by appendix under rule 8.124 and the appellant elected to proceed with a record of the oral proceedings in the trial court, the record is complete when the clerk's transcript or other record of the documents from the trial court is complete as provided in (a) and:

(A)If the appellant elected to use a reporter's transcript, when the certified reporter's transcript is delivered to the court under rule 8.130;

(B)If an agreed statement will be used instead of the reporter's transcript, when the appellant files the agreed statement under rule 8.134(b); or

(C)If a settled statement will be used instead of the reporter's transcript, when the statement has been certified by the trial court under rule 8.137(c).

(2)If the parties are proceeding by appendix under rule 8.124 and the appellant elected to proceed with a record of the oral proceedings in the trial court, the record is complete when the record of the oral proceedings is complete-as provided in (1)(A), (B), or (C)-and the record of any administrative proceeding held by the superior court that a party requested be transmitted to the reviewing court is ready for transmittal to the reviewing court.

Rule 8.149 adopted effective January 1, 2014.

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