Rule 8.924. 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 in writing that it must do the act specified in the notice within 15 days after the notice is sent 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, if the default relates only to procurement of the record of the oral proceedings, may proceed on the clerk's transcript or other record of the written documents from the trial court proceedings; or
(2)If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.
(Subd (a) amended effective January 1, 2016.)
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 the sanction specified in the notice. If the appellate division dismisses the appeal, it may vacate the dismissal for good cause. If the appellate division orders the appeal to proceed on the record designated by the appellant, the respondent may obtain relief from default under rule 8.812.
Rule 8.924 amended effective January 1, 2016; adopted effective March, 1, 2014.