2-5. What if the record is incomplete?

• If the record is missing items that were previously designated, you will need to file a letter in the superior court and serve a copy on the Court of Appeal. (Rules 8.155(b)(1), 8.340(b).)
• 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. You only may seek to augment the record with matters that were before the superior court, and cannot bring up matters outside the superior court record, or that occurred during the pendency of the appeal.

1) Augmenting the Record on Appeal - Civil Appeals

1. See Rule 8.155 for information about how to augment or correct the record on appeal in civil appeals. At any time, on a party's motion or its own motion, the Court of Appeal may order the record augmented. You must attach to your motion a copy, if available, of any document or transcript that you want added to the record on appeal.
2. It is good practice to bind and consecutively number the augmented record in the same way that you would consecutively number an appendix in lieu of a clerk's transcript or the record on a petition for writ of mandate. (See, e.g. Rules 8.124(d), and 8.490(d)(1)
3. If the Court of Appeal grants the motion, it may augment the record with the copy. If you cannot attach a copy of the matter to be added, you must identify it as required under Rules 8.120 and 8.130.

2) Augmenting or Correcting the Record on Appeal - Criminal Appeals

1. See Rule 8.340 for information about how to augment or correct the record on appeal in criminal appeals.
2. If, after the record is certified, the superior court clerk or the reporter learns that the record omits a document or transcript that any rule or order requires, the clerk must promptly prepare and certify the document or the reporter must promptly prepare and certify the transcript without the need for a court order and send the document or transcript to the Court of Appeal, the defendant's counsel, and the Attorney General.