Rule 8.866. Preparation of reporter's transcript
(a) When preparation begins
(1)Unless the court has a local rule providing otherwise, the reporter must immediately begin preparing the reporter's transcript if the notice sent to the reporter by the clerk under rule 8.864(a)(1) indicates either:
(A)That the defendant was represented by appointed counsel at trial; or
(B)That the appellant is the People.
(2)If the notice sent to the reporter by the clerk under rule 8.864(a)(1) indicates that the appellant is the defendant and that the defendant was not represented by appointed counsel at trial:
(A)Within 10 days after the date the clerk mailed the notice under rule 8.864(a)(1), the reporter must file with the clerk the estimated cost of preparing the reporter's transcript; and
(B)The clerk must promptly notify the appellant and his or her counsel of the estimated cost of preparing the reporter's transcript. The notification must show the date it was mailed.
(C)Within 10 days after the date the clerk mailed the notice under (B), the appellant must do one of the following:
(i)Deposit with the clerk an amount equal to the estimated cost of preparing the transcript;
(ii)File a declaration of indigency supported by evidence in the form required by the Judicial Council; or
(iii)Notify the clerk that he or she will be using a statement on appeal instead of a reporter's transcript.
(D)The clerk must promptly notify the reporter to begin preparing the transcript when:
(i)The clerk receives the required deposit under (C)(i); or
(ii)The trial court determines that the defendant is indigent and orders that the defendant receive the transcript without cost.
(b) Format of transcript
The reporter's transcript must comply with rule 8.144.
(c) Copies and certification
The reporter must prepare an original and the same number of copies of the reporter's transcript as rule 8.862 requires of the clerk's transcript and must certify each as correct.
(d) When preparation must be completed
The reporter must deliver the original and all copies to the trial court clerk as soon as they are certified but no later than 20 days after the reporter is required to begin preparing the transcript under (a).
(e) Multi-reporter cases
In a multi-reporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (d) even if other portions are uncompleted. The clerk must promptly pay each reporter who certifies that all portions of the transcript assigned to that reporter are completed.
Rule 8.866 adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (a). If the appellant was not represented by the public defender or other appointed counsel in the trial court, the appellant must use Defendant's Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210) to show indigency. This form is available at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.