Rule 8.224. Transmitting exhibits
(a) Notice of designation
(1)Within 10 days after the last respondent's brief is filed or could be filed under rule 8.220, a party wanting the reviewing court to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.122 or the appendix under rule 8.124 must serve and file a notice in superior court designating such exhibits.
(2)Within 10 days after a notice under (1) is served, any other party wanting the reviewing court to consider additional exhibits must serve and file a notice in superior court designating such exhibits.
(3)A party filing a notice under (1) or (2) must serve a copy on the reviewing court.
(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2007.)
Unless the reviewing court orders otherwise, within 20 days after the first notice under (a) is filed:
(1)The superior court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the reviewing court. The superior court clerk must also send a list of the exhibits sent. If the exhibits are not transmitted electronically, the superior court clerk must send two copies of the list. If the reviewing court clerk finds the list correct, the clerk must sign and return a copy to the superior court clerk.
(2)Any party in possession of designated exhibits returned by the superior court must put them into numerical or alphabetical order and send them to the reviewing court. The party must also send a list of the exhibits sent. If the exhibits are not transmitted electronically, the party must send two copies of the list. If the reviewing court clerk finds the list correct, the clerk must sign and return a copy to the party.
(Subd (b) amended effective January 1, 2016.)
(c) Application for later transmittal
After the periods specified in (a) have expired, a party may apply to the reviewing court for permission to send an exhibit to that court.
(d) Request and return by reviewing court
At any time the reviewing court may direct the superior court or a party to send it an exhibit. On request, the reviewing court may return an exhibit to the superior court or to the party that sent it. When the remittitur issues, the reviewing court must return all exhibits not transmitted electronically to the superior court or to the party that sent them.
(Subd (d) amended effective January 1, 2016.)
Rule 8.224 amended effective January 1, 2016; repealed and adopted as rule 18 effective January 1, 2002; previously amended and renumbered as rule 8.224 effective January 1, 2007; previously amended effective January 1, 2008.
Advisory Committee Comment
Subdivision (b). Subdivision (b)(2) provides a procedure by which parties send designated exhibits directly to the reviewing court in cases in which the superior court has returned the exhibits to the parties under Code of Civil Procedure section 1952 or other provision. (See also rule 8.122(a)(3).)
Subdivision (c). Subdivision (c) addresses the case in which a party's need to designate a certain exhibit does not arise until after the period specified in subdivision (a) has expired-for example, when the appellant makes a point in its reply brief that the respondent reasonably believes justifies the reviewing court's consideration of an exhibit it had not previously designated. In that event, the subdivision authorizes the party to apply to the reviewing court for permission to send the exhibit on a showing of good cause.