2. How is the record on appeal prepared?

A. Designation of Clerk's Transcript

• Within 10 days of the filing of a notice of appeal the appealing party must serve and file its designation with the superior court. (Rules 8.121, 8.122, 8.124(a) and 8.128(a).)
• Appellants choosing to have the superior court prepare the clerk's transcript will elect to proceed under Rule 8.122.
• Appellants wishing to prepare their own clerk's transcript will elect to proceed under Rule 8.124.
• Appellants stipulating to use the superior court file as their clerk's transcript will elect to proceed under Rule 8.128. (See also, Fourth Appellate District, Local Rule 3.)

B. Designation of Reporter's Transcript

• Rule 8.130 governs the request for a reporter's transcript and the fees associated with the ordering of a reporter's transcript.

C. Exhibits, Depositions

• Although all exhibits, whether admitted, refused or lodged, are deemed part of the clerk's transcript, a party wanting an exhibit copied in the transcript must specify that exhibit by number or letter in its notice of designation. If the superior court has returned a designated exhibit to a party, the party in possession of that exhibit must promptly deliver it to the superior court clerk. (Rule 8.122(a)(3).)
• Similarly, all exhibits admitted in evidence or refused are deemed part of the rule 8.124 appendix, regardless whether the appendix contains copies of them. (Rule 8.124(b)(3).)
• A party who wants the Court of Appeal to consider original exhibits that were admitted in evidence, refused or lodged, must serve and file a notice in superior court designating such exhibits within 10 days after the last respondent's brief is filed or could have been filed under rule 8.220. (Rule 8.224(a)(1).) Within 10 days of that notice, any other party who wants the Court of Appeal to consider additional exhibits must serve and file a like notice in superior court designating such exhibits. (Rule 8.224(a)(2).) These designation notices must be served on the Court of Appeal. (Rule 8.224(a)(3).) Within 20 days of the first designation notice, the superior court clerk shall send the exhibits to the Court of Appeal. (Rule 8.224(b)(1).) Any party possessing designated exhibits returned by the superior court must put them into numerical or alphabetical order and forward them to the Court of Appeal with two copies of the list of exhibits sent. (Rule 8.224(b)(2).)
• Depositions cannot be copied in the clerk's transcript, nor can the originals be transmitted by the clerk to the Court of Appeal, except by stipulation or order of the reviewing court. (Rule 8.122(b)(4)(A).) Portions of depositions read in open court and reported, regardless whether received into evidence, are transcribed in the reporter's transcript if designated.

D. Augment to Record on Appeal

1. Civil

• Corrections Made in the Court of Appeal. On the court's own motion, a party's motion or a stipulation, the Court of Appeal may order the correction or certification of any part of the record. Also, it may order the superior court to settle disputes regarding omissions or errors in the record. (Rule 8.155(c).) However, where a clerk or reporter omits a required or designated part of the record, a party may serve and file a notice in superior court specifying the omitted material and requesting that it be prepared, certified and forwarded to the Court of Appeal. The party must serve a copy of that notice on the Court of Appeal. (Rule 8.155(b)(1).)
• Augmentation Requests With Documents Attached. At any time, the Court of Appeal, on its own motion or that of a party, may order the record augmented to include any document filed or lodged in the case in the superior court or a certified transcript, or an agreed or settled statement, of oral proceedings not designated under rule 8.130. (Rule 8.155(a)(1).) The party moving to augment the record must attach a copy of the matter to be added, unless unavailable. Where the matter is unavailable, the party must identify it as required under rules 8.122 and 8.130. (Rule 8.155(a)(2), (3).)

2. Criminal

• If a part of the normal record is missing when the record is prepared, a request to complete the record can be made to the clerk of the superior court. (Rule 8.340(b).)
• A request to augment can be made pursuant to rule 8.155 as described above in the civil section.