2013 California Rules of Court
Rule 8.916. Statement on appeal
(a) Description
A statement on appeal is a summary of the trial court proceedings that is approved by the trial court.
(b) Preparing the proposed statement
(1)
If the appellant elects under rule 8.915 to use a statement on appeal, the appellant must prepare and file a proposed statement within 20 days after filing the record preparation election. If the defendant is the appellant and the prosecuting attorney appeared in the case, the defendant must serve a copy of the proposed statement on the prosecuting attorney. If the People are the appellant, the prosecuting attorney must serve a copy of the proposed statement on the respondent.
(2)Appellants who are not represented by an attorney must file their proposed statements on Proposed Statement on Appeal (Infraction) (form CR-143). For good cause, the court may permit the filing of a statement that is not on form CR-143.
(3)If the appellant does not file a proposed statement within the time specified in (1), the trial court clerk must promptly notify the appellant by mail that the proposed statement must be filed within 15 days after the notice is mailed and that failure to comply will result in the appeal being dismissed.
(c) Contents of the proposed statement on appeal
A proposed statement prepared by the appellant must contain:
(1)A condensed narrative of the oral proceedings that the appellant believes necessary for the appeal and a summary of the trial court's holding and the sentence imposed on the defendant. Subject to the court's approval, the appellant may present some or all of the evidence by question and answer; and
(2)A statement of the points the appellant is raising on appeal. The appeal is then limited to those points unless the appellate division determines that the record permits the full consideration of another point.
(A)The statement must specify the intended grounds of appeal by clearly stating each point to be raised but need not identify each particular ruling or matter to be challenged.
(B)The statement must include as much of the evidence or proceeding as necessary to support the stated grounds. Any evidence or portion of a proceeding not included will be presumed to support the judgment or order appealed from.
(C)If one of the grounds of appeal is insufficiency of the evidence, the statement must specify how it is insufficient.
(Subd (c) amended effective July 1, 2009.)
(d) Review of the appellant's proposed statement
(1)Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.
(2)No later than 10 days after the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement. No hearing will be held unless ordered by the trial court judge, and the judge will not ordinarily order a hearing unless there is a factual dispute about a material aspect of the trial court proceedings.
(3)If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.
(4)Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments and make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the trial court proceedings. If a hearing is ordered, the trial court judge must make any corrections or modifications to the statement within 10 days after the hearing.
(5)The trial court judge must not eliminate the appellant's specification of grounds of appeal from the proposed statement.
(6)If the trial court proceedings were reported by a court reporter or officially recorded electronically under Government Code section 69957 and the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal:
(A)If the court has a local rule for the appellate division permitting the use of an official electronic recording as the record of the oral proceedings, the trial court judge may order that the original of an official electronic recording of the trial court proceedings, or a copy made by the court, be transmitted as the record of these oral proceedings without being transcribed. The court will pay for any copy of the official electronic recording ordered under this subdivision; or
(B)Unless the court has a local rule providing otherwise, the trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision.
(e) Review of the corrected statement
(1)If the trial court judge makes any corrections or modifications to the statement under (d), the clerk must send copies of the corrected or modified statement to the parties. If the prosecuting attorney did not appear at the trial, the clerk will not send a copy of the statement to the prosecuting attorney.
(2)Within 10 days after the statement is sent to the parties, any party may serve and file proposed modifications or objections to the statement.
(f) Certification of the statement on appeal
(1)If the trial court judge does not make any corrections or modifications to the proposed statement under (d)(4) and does not direct the preparation of a transcript in lieu of correcting the proposed statement under (d)(6), the judge must promptly certify the statement.
(2)If the trial court judge corrects or modifies an appellant's proposed statement under (d), within five days after the time for filing proposed modifications or objections under (e) has expired, the judge must review any proposed modifications or objections to the statement filed by the parties, make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the trial court proceedings, and certify the statement.
(g) Extensions of time
For good cause, the trial court may grant an extension of not more than 15 days to do any act required or permitted under this rule.
Rule 8.916 amended effective July 1, 2009; adopted effective January 1, 2009.
Advisory Committee Comment
Rules 8.806, 8.810, and 8.812 address applications for extensions of time and relief from default.
Subdivision (b). Proposed Statement on Appeal (Infraction) (form CR-143) is available at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.
Subdivision (d). Under rule 8.804, the term "judge" includes a commissioner or a temporary judge.