2013 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) 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.
(Subd (b) amended effective January 1, 2007.)
(c) 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, 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 (c) amended effective January 1, 2007.)
(d) 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 (d) amended effective January 1, 2013; previously amended effective January 1, 2007.)
Rule 8.409 amended effective January 1, 2013; 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.
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 (d). 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.