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2021 California Rules of Court

Rule 8.483. Appeal from order of civil commitment

(a) Application and contents

(1)  Application

Except as otherwise provided in this rule, rules 8.300-8.368 and 8.508 govern appeals from civil commitment orders under Penal Code sections 1026 et seq. (not guilty by reason of insanity), 1370 et seq. (incompetent to stand trial), 1600 et seq. (outpatient placement and revocation), and 2962 et seq. (mentally disordered offenders); Welfare and Institutions Code sections 1800 et seq. (extended detention of dangerous persons), 6500 et seq. (developmentally disabled persons), and 6600 et seq. (sexually violent predators); and former Welfare and Institutions Code section 6300 et seq. (mentally disordered sex offenders).

(2)  Contents

In an appeal from a civil commitment order, the record must contain a clerk's transcript and a reporter's transcript, which together constitute the normal record.

(b) Clerk's transcript

The clerk's transcript must contain:

(1)  The petition and any supporting documents filed along with the petition;

(2)  Any demurrer or other plea, admission, or denial;

(3)  All court minutes;

(4)  All jury instructions that any party submitted in writing and the cover page required by rule 2.1055(b)(2) indicating the party requesting each instruction, and any written jury instructions given by the court;

(5)  Any written communication between the court and the jury or any individual juror;

(6)  Any verdict;

(7)  Any written opinion of the court;

(8)  The commitment order and any judgment or other order appealed from;

(9)  Any motion for new trial, with supporting and opposing memoranda and attachments;

(10)  The notice of appeal;

(11)  Any transcript of a sound or sound-and-video recording furnished to the jury or tendered to the court under rule 2.1040;

(12)  Any application for additional record and any order on the application;

(13)  Any diagnostic or psychological reports submitted to the court, including at the trial or probable cause hearing;

(14)  Any written waiver of the right to a jury trial or the right to be present; and

(15)  If the appellant is the person subject to the civil commitment order:

(A)  Any written defense motion denied in whole or in part, with supporting and opposing memoranda and attachments; and

(B)  Any document admitted in evidence to prove a juvenile adjudication, criminal conviction, or prison term.

(c) Reporter's transcript

The reporter's transcript must contain:

(1)  The oral proceedings on the entry of any admission or submission to the commitment petition;

(2)  The oral proceedings on any motion in limine;

(3)  The oral proceedings at trial, excluding the voir dire examination of jurors and any opening statement;

(4)  All instructions given orally;

(5)  Any oral communication between the court and the jury or any individual juror;

(6)  Any oral opinion of the court;

(7)  The oral proceedings on any motion for new trial;

(8)  The oral proceedings of the commitment hearing or other dispositional hearing, including any probable cause hearing;

(9)  Any oral waiver of the right to a jury trial or the right to be present; and

(10)  If the appellant is the person subject to the civil commitment order:

(A)  The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge;

(B)  The closing arguments; and

(C)  Any comment on the evidence by the court to the jury.

(d) Exhibits

Exhibits admitted in evidence, refused, or lodged are deemed part of the record, but may be transmitted to the reviewing court only as provided in rule 8.224.

(e) Stipulation for partial transcript

If counsel for the person subject to the civil commitment order and the People stipulate in writing before the record is certified that any part of the record is not required for proper determination of the appeal, that part must not be prepared or sent to the reviewing court.

Rule 8.483 adopted effective January 1, 2020.

Advisory Committee Comment

The record on appeal of orders establishing conservatorships under Welfare and Institutions Code section 5350 et seq., including Murphy conservatorships for persons who are gravely disabled as defined in Welfare and Institutions Code section 5008(h)(1)(B), is governed by rule 8.480.

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