2024 California Rules of Court
Rule 8.409. Preparing and sending the record
(a) Application
This rule applies to appeals in juvenile cases except cases governed by rules 8.416 and 8.417.
(Subd (a) amended effective January 1, 2023; previously amended effective January 1, 2007, July 1, 2010, and January 1, 2015.)
(b) Form of record
The clerk's and reporter's transcripts must comply with rules 8.45-8.47, relating to sealed and confidential records, and with rule 8.144.
(Subd (b) amended effective January 1, 2015; adopted effective January 1, 2014.)
(c) Preparing and certifying the transcripts
Except in cases governed by rule 8.417, 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 one copy each for the appellant, the respondent, the child's Indian tribe if the tribe has intervened, and the child if the child is represented by counsel on appeal or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed; 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
(Subd (c) amended effective January 1, 2023; adopted as subd (b); previously amended and relettered as subd (c) effective January 1, 2014; previously amended effective January 1, 2007, January 1, 2015, January 1, 2017, and January 1, 2018.)
(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 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 following, if they have appellate counsel:
(i) The appellant;
(ii) The respondent;
(iii) The child's Indian tribe if the tribe has intervened; and
(iv) The child.
(2) If appellate counsel has not yet been retained or appointed for the appellant or the respondent, or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed, 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) amended effective January 1, 2015; adopted as subd (d); previously amended effective January 1, 2007, and January 1, 2013; previously relettered as subd (e) effective January 1, 2014.)
Rule 8.409 amended effective January 1, 2023; 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, January 1, 2014, January 1, 2015, January 1, 2017, and January 1, 2018.
Advisory Committee Comment
Subdivision (a). Subdivision (a) calls litigants' attention to the fact that different rules govern the record in appeals from judgments or orders terminating parental rights and in dependency appeals in certain counties (rule 8.416), and in appeals from orders granting a motion to transfer a minor from juvenile court to a court of criminal jurisdiction (rule 8.417).
Subdivision (b). Examples of 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). Subdivision (c) calls litigants' attention to the fact that a different rule (rule 8.417) governs the record in appeals from orders granting a motion to transfer a minor from juvenile court to a court of criminal jurisdiction.
Subdivision (e). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form. Subsection (1)(B) clarifies that when a child'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.