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2014 California Rules of Court

Rule 8.835. Record when trial proceedings were officially electronically recorded

(a) Application

This rule applies only if:

(1)The trial court proceedings were officially recorded electronically under Government Code section 69957; and

(2)The electronic recording was prepared in compliance with applicable rules regarding electronic recording of court proceedings.

(b) Transcripts from official electronic recording

Written transcripts of official electronic recordings may be prepared under rule 2.952. A transcript prepared and certified as provided in that rule is prima facie a true and complete record of the oral proceedings it purports to cover and satisfies any requirement in these rules or in any statute for a reporter's transcript of oral proceedings.

(c) Use of official recording as record of oral proceedings

If the court has a local rule for the appellate division permitting this, on stipulation of the parties or on order of the trial court under rule 8.837(d)(6), the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted as the record of these oral proceedings without being transcribed. Such an official electronic recording satisfies any requirement in these rules or in any statute for a reporter's transcript of these proceedings.

(Subd (c) amended effective July 1, 2010.)

(d) Notice when proceedings were not officially electronically recorded or cannot be transcribed

(1)If the appellant elects under rule 8.831 to use a transcript prepared from an official electronic recording or the recording itself, the trial court clerk must notify the appellant by mail if any portion of the designated proceedings was not officially electronically recorded or cannot be transcribed. The notice must:

(A)Indicate whether the identified proceedings were reported by a court reporter; and

(B)Show the date it was mailed.

(2)Within 10 days after the notice under (1) is mailed, the appellant must file a new election notifying the court whether the appellant elects to proceed with or without a record of the oral proceedings that were not recorded or cannot be transcribed. If the appellant elects to proceed with a record of these oral proceedings, the notice must specify which form of the record listed in rule 8.830(a)(2) the appellant elects to use.

(A)The appellant may not elect to use an official electronic recording or a transcript prepared from an official electronic recording.

(B)The appellant may not elect to use a reporter's transcript unless the clerk's notice under (1) indicates that proceedings were reported by a court reporter.

(C)The appellant must comply with the requirements applicable to the form of the record elected.

(Subd (d) amended effective March 1, 2014.)

Rule 8.835 amended effective March 1, 2014; adopted effective January 1, 2009; previously amended effective July 1, 2010.

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