Rule 8.407. Record on appeal

(a) Normal record: clerk’s transcript The clerk’s transcript must contain:

(1) The petition;

(2) Any notice of hearing;

(3) All court minutes;

(4) Any report or other document submitted to the court;

(5) The jurisdictional and dispositional findings and orders;

(6) The judgment or order appealed from;

(7) Any application for rehearing;

(8) The notice of appeal and any order pursuant to the notice;

(9) Any transcript of a sound or sound-and-video recording tendered to the court under rule 2.1040;

(10) Any application for additional record and any order on the application;

(11) Any opinion or dispositive order of a reviewing court in the same case; and;

(12) Any written motion or notice of motion by any party, with supporting and opposing memoranda and attachments, and any written opinion of the court.

(b) Normal record: reporter’s transcript The reporter’s transcript must contain any oral opinion of the court and:

(1) In appeals from disposition orders, the oral proceedings at hearings on:

(A) Jurisdiction;

(B) Disposition;

(C) Any motion by the appellant that was denied in whole or in part; and

(D) In cases under Welfare and Institutions Code section 300 et seq., hearings:

(i) On detention; and

(ii) At which a parent of the child made his or her initial appearance.

(2) In appeals from an order terminating parental rights under Welfare and Institutions Code section 300 et seq., the oral proceedings at all section 366.26 hearings.

(3) In all other appeals, the oral proceedings at any hearing that resulted in the order or judgment being appealed.

(c) Application in superior court for addition to normal record

(1) Any party or Indian tribe that has intervened in the proceedings may apply to the superior court for inclusion of any oral proceedings in the reporter’s transcript.

(2) An application for additional record must describe the material to be included and explain how it may be useful in the appeal.

(3) The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.

(4) The clerk must immediately present the application to the trial judge.

(5) Within five days after the application if filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant. Denial of the application does not preclude a motion in the reviewing court for augmentation under rule 8.155.

(6) If the judge does not rule on the application within the time prescribed by (5), the requested material-other than exhibits-must be included in the clerk’s transcript or the reporter’s transcript without a court order.

(7) The clerk must immediately notify the reporter if additions to the reporter’s transcript are required under (5) or (6).

(d) Agreed or settled statement To proceed by agreed or settled statement, the parties must comply with rule 8.344 or 8.346, as applicable.

(e) Transmitting exhibits Exhibits that were admitted in evidence, refused, or lodged may be transmitted to the reviewing court as provided in rule 8.224.

Committee Notes

(Subd (a) amended effective January 1, 2017; previously amended effective January 1, 2007, and July 1, 2010.)

(Subd (b) amended effective January 1, 2017; previously amended effective January 1, 2007.)

(Subd (c) amended effective July 1, 2010; previously amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)

(Subd (f) relettered effective January 1, 2014; adopted as subd (f); previously amended effective January 1, 2007.)