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2013 California Rules of Court

Rule 8.865. Contents of reporter's transcript

Except in appeals covered by rule 8.867 or when the parties have filed a stipulation under rule 8.860(b) or the trial court has ordered that any of these items is not required for proper determination of the appeal, the reporter's transcript must contain:

(1)The oral proceedings on the entry of any plea other than a not guilty plea;

(2)The oral proceedings on any motion in limine;

(3)The oral proceedings at trial, but excluding the voir dire examination of jurors and any opening statement;

(4)Any jury instructions given orally;

(5)Any oral communication between the court and the jury or any individual juror;

(6)Any oral opinion of the court;

(7)The oral proceedings on any motion for new trial;

(8)The oral proceedings at sentencing, granting or denying probation, or other dispositional hearing;

(9)If the appellant is the defendant, the reporter's transcript must also contain:

(A)The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge;

(B)Any closing arguments; and

(C)Any comment on the evidence by the court to the jury.

Rule 8.865 adopted effective January 1, 2009.

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