Rule 8.832. Clerk's transcript
(a) Contents of clerk's transcript
(1)The clerk's transcript must contain:
(A)The notice of appeal;
(B)Any judgment appealed from and any notice of its entry;
(C)Any order appealed from and any notice of its entry;
(D)Any notice of intention to move for a new trial or motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order, and any order on such motion and any notice of its entry;
(E)The notice designating the record on appeal; and
(F)The register of actions, if any.
(2)Each document listed in (1)(A), (B), (C), and (D) must show the date necessary to determine the timeliness of the appeal under rule 8.822 or 8.823.
(3)If designated by any party, the clerk's transcript must also contain:
(A)Any other document filed or lodged in the case in the trial court;
(B)Any exhibit admitted in evidence, refused, or lodged; and
(C)Any jury instructions that any party submitted in writing, the cover page required by rule 2.1055(b)(2), and any written jury instructions given by the court.
(Subd (a) amended effective January 1, 2011.)
(b) Notice of designation
(1)Within 10 days after the appellant serves a notice under rule 8.831 indicating that the appellant elects to use a clerk's transcript, the respondent may serve and file a notice in the trial court designating any additional documents the respondent wants included in the clerk's transcript.
(2)A notice designating documents to be included in a clerk's transcript must identify each designated document by its title and filing date or, if the filing date is not available, the date it was signed. A notice designating documents in addition to those listed in (a)(1) may specify portions of designated documents that are not to be included in the clerk's transcript. For minute orders or jury instructions, it is sufficient to collectively designate all minute orders or all minute orders entered between specified dates, or all written instructions given, refused, or withdrawn.
(3)All exhibits admitted in evidence, refused, or lodged are deemed part of the record, but a party wanting an exhibit included in the transcript must specify that exhibit by number or letter in its designation. If the trial court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the trial court clerk within 10 days after the notice designating the exhibit is served.
(Subd (b) amended effective January 1, 2010.)
(c) Deposit for cost of clerk's transcript
(1)Within 30 days after the respondent files a designation under (b)(1) or the time to file it expires, whichever first occurs, the trial court clerk must send:
(A)To the appellant, notice of the estimated cost to prepare an original and one copy of the clerk's transcript; and
(B)To each party other than the appellant, notice of the estimated cost to prepare a copy of the clerk's transcript for that party's use.
(2)A notice under (1) must show the date it was sent.
(3)Unless otherwise provided by law, within 10 days after the clerk sends a notice under (1), the appellant and any party wanting to purchase a copy of the clerk's transcript must either deposit the estimated cost specified in the notice under (1) with the clerk or submit an application for a waiver of the cost under rule 8.818 or an order granting a waiver of this cost.
(4)If the appellant does not submit a required deposit or an application for, or an order granting a waiver of the cost within the required period, the clerk must promptly issue a notice of default under rule 8.842.
(Subd (c) amended effective January 1, 2014; previously amended effective July 1, 2009.)
(d) Preparing the clerk's transcript
(1)The clerk must:
(A)Prepare and certify the original transcript;
(B)Prepare one copy of the transcript for the appellant; and
(C)Prepare any additional copies for parties that have requested a copy of the clerk's transcript and have made deposits as provided in (c)(3) or received an order waiving the cost.
(2)Except as provided in (3), the clerk must complete preparation of the transcripts required under (1) within 30 days after either:
(A)The appellant deposits either the estimated cost of the clerk's transcript or a preexisting order granting a waiver of that cost; or
(B)The court grants an application submitted under (c)(3) to waive that cost.
(3)If the appellant elects under rule 8.831 to proceed with a reporter's transcript, the clerk need not complete preparation of the transcripts required under (1) until 30 days after the appellant deposits the estimated cost of the reporter's transcript or one of the substitutes under rule 8.834(b).
(4)If the appeal is abandoned or dismissed before the clerk has completed preparation of the transcript, the clerk must refund any portion of the deposit under (c)(3) exceeding the preparation cost actually incurred.
(Subd (d) amended effective January 1, 2014.)
Rule 8.832 amended effective January 1, 2014; adopted effective January 1, 2009; previously amended effective July 1, 2009, January 1, 2010, and January 1, 2011.
Advisory Committee Comment
Subdivision (a). The supporting and opposing memoranda and attachments to any motion to vacate the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealed order are not required to be included in the clerk's transcript under subdivision (a)(1)(D) but may be included by designation of a party under (a)(3) or on motion of a party or the reviewing court under rule 8.841.
Subdivision (d). The different timelines for preparing a clerk's transcript under subdivision (d)(2)(A) and (B) recognize that an appellant may apply for and receive a waiver of fees at different points during the appellate process. Some appellants may have applied for and obtained an order waiving fees before receiving the estimate of the cost of the clerk's transcript and thus may be able to provide that order to the court in lieu of making a deposit for the clerk's transcript. Other appellants may not apply for a waiver until after they receive the estimate of the cost for the clerk's transcript, in which case the time for preparing the transcript runs from the granting of that waiver.
In cases in which a reporter's transcript has been designated, subdivision (d)(3) gives the clerk the option of waiting until the deposit for the reporter's transcript has been made before beginning preparation of the clerk's transcript.