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2014 California Rules of Court

Rule 8.841. Augmenting and correcting the record in the appellate division

(a) Augmentation

(1)At any time, on motion of a party or its own motion, the appellate division may order the record augmented to include:

(A)Any document filed or lodged in the case in the trial court; or

(B)A certified transcript-or agreed statement or a statement on appeal-of oral proceedings not designated under rule 8.831.

(2)A party must attach to its motion a copy, if available, of any document or transcript that it wants added to the record. The pages of the attachments must be consecutively numbered, beginning with the number 1. If the appellate division grants the motion, it may augment the record with the copy.

(3)If the party cannot attach a copy of the matter to be added, the party must identify it as required under rules 8.831.

(b) Correction

(1)On agreement of the parties, motion of a party, or on its own motion, the appellate division may order the correction or certification of any part of the record.

(2)The appellate division may order the trial court to settle disputes about omissions or errors in the record or to make corrections pursuant to stipulation filed by the parties in that court.

(c) Omissions

(1)If a clerk or reporter omits a required or designated portion of the record, a party may serve and file a notice in the trial court specifying the omitted portion and requesting that it be prepared, certified, and sent to the appellate division. The party must serve a copy of the notice on the appellate division.

(2)The clerk or reporter must comply with a notice under (1) within 10 days after it is filed. If the clerk or reporter fails to comply, the party may serve and file a motion to augment under (a), attaching a copy of the notice.

(d) Notice

The appellate division clerk must send all parties notice of the receipt and filing of any matter under this rule.

Rule 8.841 adopted effective January 1, 2009.

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