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all minute orders or all minute orders entered between specified dates, or all written instructions given, refused, or withdrawn.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)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 deposit the estimated cost with the clerk, unless otherwise provided by law or the party submits an application for a waiver of the cost under rule 8.818 or an order granting a waiver of this cost.
(Subd (c) amended effective July 1, 2009.)
(d) Preparing the clerk's transcript
(1)Within 30 days after the appellant deposits the estimated cost of the transcript or the court files an order waiving that cost, the clerk must:
(A)Prepare an original and one copy of the clerk's transcript and certify the original; and
(B)Prepare any additional copies for which the parties have made deposits.
(2)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.
Rule 8.832 amended effective January 1, 2011; adopted effective January 1, 2009; previously amended effective July 1, 2009, and January 1, 2010.
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.