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2014 California Rules of Court

Rule 8.830. Record on appeal

(a) Normal record

Except as otherwise provided in this chapter, the record on an appeal to the appellate division in a civil case must contain the following, which constitute the normal record on appeal:

(1)A record of the written documents from the trial court proceedings in the form of one of the following:

(A)A clerk's transcript under rule 8.832;

(B)If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file under rule 8.833; or

(C)An agreed statement under rule 8.836.

(2)If an appellant wants to raise any issue that requires consideration of the oral proceedings in the trial court, the record on appeal must include a record of these oral proceedings in the form of one of the following:

(A)A reporter's transcript under rule 8.834 or a transcript prepared from an official electronic recording under rule 8.835;

(B)If the court has a local rule for the appellate division permitting this form of the record, an official electronic recording of the proceedings under rule 8.835;

(C)An agreed statement under rule 8.836; or

(D)A statement on appeal under rule 8.837.

(b) Presumption from the record

The appellate division will presume that the record in an appeal includes all matters material to deciding the issues raised. If the appeal proceeds without a reporter's transcript, this presumption applies only if the claimed error appears on the face of the record.

Rule 8.830 adopted effective January 1, 2009.

Advisory Committee Comment

Subdivision (a). The options of using the original trial court file instead of a clerk's transcript under (1)(B) or an electronic recording itself, rather than a transcript, under (2)(B) are available only if the court has local rules for the appellate division authorizing these options.

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