2024 California Rules of Court
Rule 8.862. Preparation of clerk's transcript
(a) When preparation begins
Unless the original court file will be used in place of a clerk's transcript under rule 8.863, the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.
(b) Format of transcript
The clerk's transcript must comply with rule 8.144.
(c) Probation officer's reports
A probation officer's report included in the clerk's transcript under rule 8.861(12)(D) must appear in only the copies of the appellate record that are sent to the reviewing court, to appellate counsel for the People, and to appellate counsel for the defendant who was the subject of the report or to the defendant if he or she is self-represented. If the report is in paper form, it must placed in a sealed envelope. The reviewing court's copy of the report, and if applicable, the envelope, must be marked "CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT COURT ORDER-PROBATION OFFICER REPORT."
(Subd (c) amended effective January 1, 2016; adopted effective January 1, 2010.)
(d) When preparation must be completed
Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original clerk's transcript for the appellate division, one copy for the appellant, and one copy for the respondent. If there is more than one appellant, the clerk must prepare an extra copy for each additional appellant who is represented by separate counsel or self-represented.
(Subd (d) relettered effective January 1, 2010; adopted as subd (c); previously amended effective July 1, 2009.)
(e) Certification
The clerk must certify as correct the original and all copies of the clerk's transcript.
(Subd (e) relettered effective January 1, 2010; adopted as subd (d).)
Rule 8.862 amended effective January 1, 2016; adopted effective January 1, 2009; previously amended effective July 1, 2009, January 1, 2010.
Advisory Committee Comment
Rule 8.872 addresses when the clerk's transcript is sent to the appellate division in misdemeanor appeals.