2013 California Rules of Court
Rule 8.842. Failure to procure the record
(a) Notice of default
If a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party by mail that it must do the act specified in the notice within 15 days after the notice is mailed and that, if it fails to comply, the reviewing court may impose the following sanctions:
(1)
If the defaulting party is the appellant, the court may dismiss the appeal; or
(2)If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.
(b) Sanctions
If the party fails to take the action specified in a notice given under (a), the trial court clerk must promptly notify the appellate division of the default, and the appellate division may impose one of the following sanctions:
(1)If the defaulting party is the appellant, the reviewing court may dismiss the appeal but may vacate the dismissal for good cause; or
(2)If the defaulting party is the respondent, the reviewing court may order the appeal to proceed on the record designated by the appellant, but the respondent may obtain relief from default under rule 8.812.
(Subd (b) amended effective January 1, 2011.)
Rule 8.842 amended effective January 1, 2011; adopted effective January 1, 2009.