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2014 California Rules of Court

Rule 8.840. Completion and filing of the record

(a) When the record is complete

(1)If the appellant elected under rule 8.831 or 8.834(b) to proceed without a record of the oral proceedings in the trial court, the record is complete:

(A)If a clerk's transcript will be used, when the clerk's transcript is certified under rule 8.832(d);

(B)If the original trial court file will be used instead of the clerk's transcript, when that original file is ready for transmission as provided under rule 8.833(b); or

(C)If an agreed statement will be used instead of the clerk's transcript, when the appellant files the agreed statement under rule 8.836(b).

(2)If the appellant elected under rule 8.831 to proceed with a record of the oral proceedings in the trial court, the record is complete when the clerk's transcript or other record of the documents from the trial court is complete as provided in (1) and:

(A)If the appellant elected to use a reporter's transcript, when the certified reporter's transcript is delivered to the court under rule 8.834(d);

(B)If the appellant elected to use a transcript prepared from an official electronic recording, when the transcript has been prepared under rule 8.835;

(C)If the parties stipulated to the use of an official electronic recording of the proceedings, when the electronic recording has been prepared under rule 8.835; or

(D)If the appellant elected to use a statement on appeal, when the statement on appeal has been certified by the trial court or a transcript or an official electronic recording has been prepared under rule 8.837(d)(6).

(Subd (a) adopted effective January 1, 2014.)

(b) Filing the record

When the record is complete, the trial court clerk must promptly send the original to the appellate division and send to the appellant and respondent copies of any certified statement on appeal and any copies of transcripts or official electronic recordings that they have purchased. The appellate division clerk must promptly file the original and mail notice of the filing date to the parties.

(Subd (b) amended and lettered effective January 1, 2014; adopted as unlettered subd.)

Rule 8.840 amended effective January 1, 2014; adopted effective January 1, 2009.

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