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2014 California Rules of Court

Rule 8.320. Normal record; exhibits

(a) Contents

If the defendant appeals from a judgment of conviction, or if the People appeal from an order granting a new trial, the record must contain a clerk's transcript and a reporter's transcript, which together constitute the normal record.

(b) Clerk's transcript

The clerk's transcript must contain:

(1)The accusatory pleading and any amendment;

(2)Any demurrer or other plea;

(3)All court minutes;

(4)All jury instructions that any party submitted in writing and the cover page required by rule 2.1055(b)(2) indicating the party requesting each instruction, and any written jury instructions given by the court;

(5)Any written communication between the court and the jury or any individual juror;

(6)Any verdict;

(7)Any written opinion of the court;

(8)The judgment or order appealed from and any abstract of judgment or commitment;

(9)Any motion for new trial, with supporting and opposing memoranda and attachments;

(10)The notice of appeal and any certificate of probable cause filed under rule 8.304(b);

(11)Any transcript of a sound or sound-and-video recording furnished to the jury or tendered to the court under rule 2.1040;

(12)Any application for additional record and any order on the application;

(13)And, if the appellant is the defendant:

(A)Any written defense motion denied in whole or in part, with supporting and opposing memoranda and attachments;

(B)If related to a motion under (A), any search warrant and return and the reporter's transcript of any preliminary examination or grand jury hearing;

(C)Any document admitted in evidence to prove a prior juvenile adjudication, criminal conviction, or prison term;

(D)The probation officer's report; and

(E)Any court-ordered diagnostic or psychological report required under Penal Code section 1203.03(b) or 1369.

(Subd (b) amended effective January 1, 2014; previously amended effective January 1, 2005, January 1, 2007, January 1, 2008, and January 1, 2010.)

(c) Reporter's transcript

The reporter's transcript must contain:

(1)The oral proceedings on the entry of any plea other than a not guilty plea;

(2)The oral proceedings on any motion in limine;

(3)The oral proceedings at trial, but excluding the voir dire examination of jurors and any opening statement;

(4)All instructions given orally;

(5)Any oral communication between the court and the jury or any individual juror;

(6)Any oral opinion of the court;

(7)The oral proceedings on any motion for new trial;

(8)The oral proceedings at sentencing, granting or denying of probation, or other dispositional hearing;

(9)And, if the appellant is the defendant:

(A)The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge and motions under Penal Code section 995;

(B)The closing arguments; and

(C)Any comment on the evidence by the court to the jury.

(Subd (c) amended effective January 1, 2007.)

(d) Limited normal record in certain appeals

If the People appeal from a judgment on a demurrer to the accusatory pleading, or if the defendant or the People appeal from an appealable order other than a ruling on a motion for new trial, the normal record is composed of:

(1)Clerk's transcript

A clerk's transcript containing:

(A)The accusatory pleading and any amendment;

(B)Any demurrer or other plea;

(C)Any written motion or notice of motion granted or denied by the order appealed from, with supporting and opposing memoranda and attachments;

(D)The judgment or order appealed from and any abstract of judgment or commitment;

(E)Any court minutes relating to the judgment or order appealed from and:

(i)If there was a trial in the case, any court minutes of proceedings at the time the original verdict is rendered and any subsequent proceedings; or

(ii)If the original judgment of conviction is based on a guilty plea or nolo contendere plea, any court minutes of the proceedings at the time of entry of such plea and any subsequent proceedings;

(F)The notice of appeal; and

(G)If the appellant is the defendant, all probation officer reports and any court-ordered diagnostic report required under Penal Code section 1203.03(b).

(2)Reporter's transcript

(A) A reporter's transcript of any oral proceedings incident to the judgment or order being appealed; and

(B)If the appeal is from an order after judgment, a reporter's transcript of:

(i)The original sentencing proceeding; and

(ii)If the original judgment of conviction is based on a guilty plea or nolo contendere plea, the proceedings at the time of entry of such plea.

(Subd (d) amended effective January 1, 2013; previously amended effective January 1, 2007.)

(e) Exhibits

Exhibits admitted in evidence, refused, or lodged are deemed part of the record, but may be transmitted to the reviewing court only as provided in rule 8.224.

(Subd (e) amended effective January 1, 2007.)

(f) Stipulation for partial transcript

If counsel for the defendant and the People stipulate in writing before the record is certified that any part of the record is not required for proper determination of the appeal, that part must not be prepared or sent to the reviewing court.

Rule 8.320 amended effective January 1, 2014; repealed and adopted as rule 31 effective January 1, 2004; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2005, January 1, 2008, January 1, 2010, and January 1, 2013.

Advisory Committee Comment

Rules 8.45-8.46 address the appropriate handling of sealed and confidential records that must be included in the record on appeal. Examples of confidential records include probation reports, Penal Code section 1203.03 diagnostic reports, records closed to inspection by court order under People v. Marsden (1970) 2 Cal.3d 118 or Pitchess v. Superior Court (1974) 11 Cal.3d 531, in-camera proceedings on a confidential informant, and defense expert funding requests (Pen. Code, § 987.9; Keenan v. Superior Court (1982) 31 Cal.3d 424, 430).

Subdivision (d)(1)(E). This rule identifies the minutes that must be included in the record. The trial court clerk may include additional minutes beyond those identified in this rule if that would be more cost-effective.

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