The original trial court file

The trial court's original file may be used instead of the clerk's transcript, if the local rules for your appellate court allow it. You need to look at the rules for the appellate division of your superior court if you are appealing in a limited civil case or at the Court of Appeal's rules for your district if you are appealing in an unlimited civil case. If your case is in the Court of Appeal, you also need a stipulation (agreement) with the other party agreeing to use the trial court's file.

The appellant will have to pay for the cost of preparing the trial court file, unless the appellant asks for, and gets, a fee waiver from the court.

Read rule 8.833 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (Form APP-101-INFO) for details on using the original trial court's file instead of a clerk's transcript in the superior court's appellate division.

Read rule 8.128 of the California Rules of Court for details on using the trial court's file instead of a clerk's transcript in the Court of Appeal (for unlimited civil cases).

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