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2024 California Rules of Court

Rule 8.838. Form of the record

(a) Paper and format

Except as otherwise provided in this rule, clerks' and reporters' transcripts must comply with the requirements of rule 8.144(a), (b)(1)-(4) and (6), (c), and (d).

(Subd (a) amended effective January 1, 2024; previously amended effective January 1, 2018.)

(b) Indexes

At the beginning of the first volume of each:

(1)  The clerk's transcript must contain alphabetical and chronological indexes listing each document and the volume, where applicable, and page where it first appears;

(2)  The reporter's transcript must contain alphabetical and chronological indexes listing the volume, where applicable, and page where each witness's direct, cross, and any other examination, begins; and

(3)  The reporter's transcript must contain an index listing the volume, where applicable, and page where any exhibit is marked for identification and where it is admitted or refused.

(Subd (b) amended effective January 1, 2016.)

(c) Binding and cover

(1)  If filed in paper form, clerks' and reporters' transcripts must be bound on the left margin, except that transcripts may be bound at the top if required by a local rule of the appellate division.

(2)  Each volume's cover must state the title and trial court number of the case, the names of the trial court and each participating trial judge, the names and addresses of appellate counsel for each party, the volume number, and the inclusive page numbers of that volume.

(3)  In addition to the information required by (2), the cover of each volume of the reporter's transcript must state the dates of the proceedings reported in that volume.

(Subd (c) amended effective January 1, 2024; previously amended effective January 1, 2014, and January 1, 2016.)

Rule 8.838 amended effective January 1, 2024; adopted effective January 1, 2009; previously amended effective January 1, 2014, January 1, 2016, and January 1, 2018.

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