Rule 8.917. Record when trial proceedings were officially electronically recorded
This rule applies only if:
(1)The trial court proceedings were officially recorded electronically under Government Code section 69957; and
(2)The electronic recording was prepared in compliance with applicable rules regarding electronic recording of court proceedings.
(b) Transcripts from official electronic recording
Written transcripts of official electronic recordings may be prepared under rule 2.952. A transcript prepared and certified as provided in that rule is prima facie a true and complete record of the oral proceedings it purports to cover, and satisfies any requirement in these rules or in any statute for a reporter's transcript of oral proceedings.
(c) Use of official recording as record of oral proceedings
If the court has a local rule for the appellate division permitting this, on stipulation of the parties or on order of the trial court under rule 8.916(d)(6), the original of an official electronic recording of the trial court proceedings, or a copy made by the court, may be transmitted as the record of these oral proceedings without being transcribed. This official electronic recording satisfies any requirement in these rules or in any statute for a reporter's transcript of these proceedings.
(Subd (c) amended effective July 1, 2010.)
(d) When preparation begins
(1)If the appellant is the People, preparation of a transcript or a copy of the recording must begin immediately after the appellant files an election under rule 8.915(a) to use a transcript of an official electronic recording or a copy of the official electronic recording as the record of the oral proceedings.
(2)If the appellant is the defendant:
(A)Within 10 days after the date the appellant files the election under rule 8.915(a), the clerk must notify the appellant and his or her counsel of the estimated cost of preparing the transcript or the copy of the recording. The notification must show the date it was mailed.
(B)Within 10 days after the date the clerk mailed the notice under (A), the appellant must do one of the following:
(i)Deposit with the clerk an amount equal to the estimated cost of preparing the transcript or the copy of the recording;
(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 transcript or copy of the recording.
(C)Preparation of the transcript must begin when:
(i)The clerk receives the required deposit under (B)(i); or
(ii)The trial court determines that the defendant is indigent and orders that the defendant receive the transcript or the copy of the recording without cost.
Rule 8.917 amended effective July 1, 2010; adopted effective January 1, 2009.
Advisory Committee Comment
Subdivision (d). 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.