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2014 California Rules of Court

Rule 8.409. Preparing and sending the record

(a) Application

Except as provided in 8.416(c)(1), this rule does not apply to cases under rule 8.416.

(Subd (a) amended effective July 1, 2010; previously amended effective January 1, 2007.)

(b) Form of record

The clerk's and reporter's transcripts must comply with rules 8.45-8.46, relating to sealed and confidential records, and, except in cases governed by rule 8.416(b), with rule 8.144.

(Subd (b) adopted effective January 1, 2014.)

(c) Preparing and certifying the transcripts

Within 20 days after the notice of appeal is filed:

(1)The clerk must prepare and certify as correct an original of the clerk's transcript and sufficient copies to comply with (d); and

(2)The reporter must prepare, certify as correct, and deliver to the clerk an original of the reporter's transcript and the same number of copies as (1) requires of the clerk's transcript. On request, and unless the trial court orders otherwise, the reporter must provide the Court of Appeal and any party with a copy of the reporter's transcript in computer-readable format. Each computer-readable copy must comply with the format, labeling, content, and numbering requirements of Code of Civil Procedure section 271(b).

(Subd (c) amended and relettered effective January 1, 2014; adopted as subd (b); previously amended effective January 1, 2007.)

(d) Extension of time

(1)The superior court may not extend the time to prepare the record.

(2)The reviewing court may order one or more extensions of time for preparing the record, including a reporter's transcript, not exceeding a total of 60 days, on receipt of:

(A)A declaration 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 (d) amended and relettered effective January 1, 2014; adopted as subd (c); previously amended effective January 1, 2007.)

(e) Sending the record

(1)When the transcripts are certified as correct, the superior court clerk must immediately send:

(A)The original transcripts to the reviewing court, noting the sending date on each original; and

(B)One copy of each transcript to the appellate counsel for the appellant, the respondent, the minor, and the minor's Indian tribe if the tribe has intervened.

(2)If appellate counsel has not yet been retained or appointed for the appellant, the respondent, or the minor when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the district appellate project. If a tribe that has intervened is not represented by counsel when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the tribe.

(3)The clerk must not send a copy of the transcripts to the Attorney General or the district attorney unless that office represents a party.

(Subd (e) relettered effective January 1, 2014; adopted as subd (d); previously amended effective January 1, 2007, and January 1, 2013.)

Rule 8.409 amended effective January 1, 2014; adopted as rule 37.2 effective January 1, 2005; previously amended and renumbered as rule 8.408 effective January 1, 2007, and as rule 8.409 effective July 1, 2010; previously amended effective January 1, 2013.

Advisory Committee Comment

Subdivision (a). Subdivision (a) calls litigants' attention to the fact that a different rule (rule 8.416) governs sending the record in appeals from judgments or orders terminating parental rights and in dependency appeals in certain counties. Rule 8.408(b) governs preparing and certifying the record in those appeals. (See rule 8.416(c)(1) ["The record must be prepared and certified as provided in rule 8.409(b)"].)

Subdivision (b). Examples confidential records include records closed to inspection by court order under People v. Marsden (1970) 2 Cal.3d 118 and in-camera proceedings on a confidential informant.

Subdivision (c)(2). This subdivision is intended to implement Code of Civil Procedure section 271, which allows any court, party, or other person entitled to a reporter's transcript to request that it be delivered in computer-readable format (except that an original transcript must be on paper) and requires the reporter to provide the transcript in that format upon request if the proceedings were produced using computer-aided transcription equipment. This subdivision establishes procedures relating to such requests and procedures for court reporters to apply to the superior court for relief from this requirement if the proceedings were not produced using computer-aided transcription equipment. Government Code section 69954 establishes the fees for reporters' transcripts in computer-readable format.

Subdivision (e). Subsection (1)(B) clarifies that when a minor's Indian tribe has intervened in the proceedings, the tribe is a party who must receive a copy of the appellate record. The statutes that require notices to be sent to a tribe by registered or certified mail return receipt requested and generally be addressed to the tribal chairperson (25 U.S.C. 1912 (a), 25 C.F.R. 23.11 and Welf. & Inst. Code, § 224.2) do not apply to the sending of the appellate record.

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