2-2. How do I designate the clerk's transcript or appendix?

A. You must serve and file your notice of designation of the record in the superior court within 10 days after you file the notice of appeal.

B. You basically have two choices: (a) use a clerk's transcript (Rule 8.120), or (b) "elect" to use an appendix by filing a "notice of election" in the superior court. (Rule 8.124).

1. Clerk's Record. If you want to have the superior court prepare the clerk's transcript, see Rule 8.120. A clerk's transcript is prepared by the superior court based on what you listed in the notice designating the record on appeal.
2. "Election" to Use Appendix. If you want to prepare your own appendix, or prepare the appendix jointly with the other side, file a notice of election in the superior court (Rule 8.124.) You must file the notice of election within 10 days after you file your notice of appeal. You may combine your notice of election with your notice designating the reporter's transcript. (This used to be called a "Rule 5.1" appendix or "Rule 5.1 election" before the appellate rules were renumbered in January 2007.)
• If you elect to use an appendix but do not designate any reporter's transcript, your appellant's opening brief will be due 70 days after you file your notice of election. (Rule 8.212(a)(1)(B).)
• If you elect to use an appendix and designate a reporter's transcript, your appellant's opening brief will be due 30 days after the reporter's transcript is filed in the Court of Appeal. (Rule 8.212(a)(1)(A).)
3. Trial Exhibits. The most convenient way to include significant trial court exhibits in the record on appeal is to have copies of such exhibits included, where possible, in the clerk's transcript or in your appendix in lieu of a clerk's transcript. If you are using a clerk's transcript, designate the trial court exhibit by number or letter in your notice of designation. (Rule 8.120(a)(5).) If you are using an appendix, you may include a copy of any trial court exhibit if it is necessary to the proper consideration of the issues. (Rules 8.124(b)(2), 8.124(b)(5), and 8.124(c).)