Record on Appeal/Exhibits (CRC 8.120, 8.224)

How is the record on appeal prepared?

The record on appeal is filed according to the following schedule.

• For civil appeals:
  1. Designate the clerk's transcript within 10 days after filing the notice of appeal, the appellant (appealing party) must serve and file a notice in superior court designating the documents to be included in the clerk's transcript with service of a conformed copy on the Court Of Appeal (Cal. Rules of Court, rules 8.120 & 8.124). Appellants choosing the clerk's transcript should proceed under rule 8.122. Appellants wishing to prepare their own appendix should elect to proceed under rule 8.124. Parties may not proceed under rule 8.128 within the Second Appellate District.
  2. Designation of reporter's transcript: Cal. Rules of Court, rule 8.130 governs the request for a reporter's transcript and the fees associated with the ordering of a reporter's transcript. Exhibits may be transmitted under Cal. Rules of Court, rule 8.224.
• For criminal appeals: The clerk's and reporter's transcripts are automatically prepared under Cal. Rules of Court, rules 8.320-8.346. View all Rules of Court.

Who do I contact if the record is late?

If you have not received your record on appeal within 90 days for criminal cases or 120 days for civil cases, please contact the Superior Court's Civil or Criminal Appeals Unit at the following numbers:

What if the record is incomplete?

If the record is incomplete:

• If the record is missing items that were previously designated, you will need to file a letter pursuant to Cal. Rules of Court, rules 8.155(b), 8.340(b), and local rule 2 in the superior court and serve a copy of the letter on the Court of Appeal. View all Rules of Court.
• If you forgot to designate certain items that were before the lower court and would like to add them to the record, you will need to file a Motion to Augment pursuant to Cal. Rules of Court rule 8.155 (please see the Motions/Requests/Dismissals section on how to file and serve the document).

How can I add items to the record?

If you would like to add new items to the record, you may either file a Request for Judicial Notice (for items that were not before the lower court, Cal. Rules of Court, rule 8.252(a)) or a Motion to Augment (items that were before the lower court but were not designated, Cal. Rules of Court rule 8.155) (please see the Motions/Requests/Dismissals section on how to file and serve the document).

View all Rules of Court.

How do I lodge superior court exhibits?

Although exhibits are deemed part of the clerk's transcripts, they are not automatically included or copied in the clerk's transcript. (Rule 8.122(a)(3)) A party wanting a copy of an exhibit included in the transcript must specify that exhibit by number or letter in its notice of designation. If the exhibits have been released to counsel, counsel should transmit those exhibits to the superior court clerk pursuant to rule 8.122(a)(3) or to the Court of Appeal pursuant to rule 8.224(b)(2).

Within 10 days after the last respondent's brief is filed, a party wanting the reviewing court to consider any exhibits not in the clerk's transcript must serve and file a notice in superior court designating such exhibits and serve a copy on the reviewing court. (Rule 8.224(a)). A party in possession of the exhibits must put them in numerical or alphabetical order and send them to the reviewing court with two copies of the list of exhibits. (Rule 8.224(b)(2)).

After the period specified has expired, a party may apply for permission to send an exhibit to that court. View all Rules of Court.