Rule 8.336. Preparing, certifying, and sending the record
(a) Immediate preparation when appeal is likely
(1)The reporter and the clerk must begin preparing the record immediately after a verdict or finding of guilt of a felony is announced following a trial on the merits, unless the judge determines that an appeal is unlikely under (2).
(2)In determining the likelihood of an appeal, the judge must consider the facts of the case and the fact that an appeal is likely if the defendant has been convicted of a crime for which probation is prohibited or is prohibited except in unusual cases, or if the trial involved a contested question of law important to the outcome.
(3)A determination under (2) is an administrative decision intended to further the efficient operation of the court and not intended to affect any substantive or procedural right of the defendant or the People. The determination cannot be cited to prove or disprove any legal or factual issue in the case and is not reviewable by appeal or writ.
(b) Appeal after plea of guilty or nolo contendere or after admission of probation violation
In an appeal under rule 8.304(b)(1), the time to prepare, certify, and file the record begins when the court files a certificate of probable cause under rule 8.304(b)(2).
(Subd (b) amended effective January 1, 2007.)
(c) Clerk's transcript
(1)Except as provided in (a) or (b), the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.
(2)Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original and two copies of the clerk's transcript, one for defendant's counsel and one for the Attorney General or the district attorney, whichever is the counsel for the People on appeal.
(3)On request, the clerk must prepare an extra copy for the district attorney or the Attorney General, whichever is not counsel for the People on appeal.
(4)If there is more than one appealing defendant, the clerk must prepare an extra copy for each additional appealing defendant represented by separate counsel.
(5)The clerk must certify as correct the original and all copies of the clerk's transcript.
(Subd (c) amended effective January 1, 2007.)
(d) Reporter's transcript
(1)Except as provided in (a) or (b), the reporter must begin preparing the reporter's transcript immediately on being notified by the clerk under rule 8.304(c)(1) that the notice of appeal has been filed.
(2)The reporter must prepare an original and the same number of copies of the reporter's transcript as (c) requires of the clerk's transcript, and must certify each as correct.
(3)The reporter must deliver the original and all copies to the superior court clerk as soon as they are certified, but no later than 20 days after the notice of appeal is filed.
(4)Any portion of the transcript transcribed during trial must not be retyped unless necessary to correct errors, but must be repaginated and bound with any portion of the transcript not previously transcribed. Any additional copies needed must not be retyped but must be prepared by photocopying or an equivalent process.
(5)In a multireporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (3) even if other portions are uncompleted. The clerk must promptly pay each reporter who certifies that all portions of the transcript assigned to that reporter are completed.
(Subd (d) amended effective January 1, 2007.)
(e) Extension of time
(1)The superior court may not extend the time for preparing the record.
(2)The reviewing court may order one or more extensions of time for preparing the record, not exceeding a total of 60 days, on receipt of:
(A)An affidavit showing good cause; and
(B)In the case of a reporter's transcript, certification by the superior court presiding judge, or a court administrator designated by the presiding judge, that an extension is reasonable and necessary in light of the workload of all reporters in the court.
(Subd (e) amended effective January 1, 2007.)
(f) Sending the transcripts
(1)When the clerk and reporter's transcripts are certified as correct, the clerk must promptly send:
(A)The original transcripts to the reviewing court, noting the sending date on each original;
(B)One copy of each transcript to appellate counsel for each defendant represented by separate counsel and to the Attorney General or the district attorney, whichever is counsel for the People on appeal; and
(C)One copy of each transcript to the district attorney or Attorney General if requested under (c)(3).
(2)If the defendant is not represented by appellate counsel when the transcripts are certified as correct, the clerk must send that defendant's counsel's copy of the transcripts to the district appellate project.
(Subd (f) amended effective January 1, 2007.)
(g) Probation officer's reports and court-ordered diagnostic reports
A probation officer's report or court-ordered diagnostic report included in the clerk's transcript under rule 8.320(b)(13)(D) or (E) must appear in only the copies of the appellate record that are sent to the reviewing court, to appellate counsel for the People, and to appellate counsel for the defendant who was the subject of the report. The reviewing court's copy of the report must be placed in a sealed envelope marked "CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT COURT ORDER."
(Subd (g) amended effective January 1, 2010; previously amended effective January 1, 2007.)
(h) Supervision of preparation of record
Each Court of Appeal clerk, under the supervision of the administrative presiding justice or the presiding justice, must take all appropriate steps to ensure that superior court clerks and reporters promptly perform their duties under this rule. This provision does not affect the superior courts' responsibility for the prompt preparation of appellate records.
Rule 8.336 amended effective January 1, 2010; repealed and adopted as rule 32 effective January 1, 2004; previously amended and renumbered effective January 1, 2007.
Advisory Committee Comment
Subdivision (a). Subdivision (a) implements Code of Civil Procedure section 269(b).