Rule 8.865. Contents of reporter's transcript

(a) Normal contents Except in appeals covered by rule 8.867, when the parties have filed a stipulation under rule 8.860(b), or when, under a procedure established by a local rule adopted pursuant to (b), the trial court has ordered that any of these items is not required for proper determination of the appeal, the reporter’s transcript must contain:

(1) The oral proceedings on the entry of any plea other than a not guilty plea;

(2) The oral proceedings on any motion in limine;

(3) The oral proceedings at trial, but excluding the voir dire examination of jurors and any opening statement;

(4) Any jury instructions given orally;

(5) Any oral communication between the court and the jury or any individual juror;

(6) Any oral opinion of the court;

(7) The oral proceedings on any motion for new trial;

(8) The oral proceedings at sentencing, granting or denying probation, or other dispositional hearing;

(9) If the appellant is the defendant, the reporter’s transcript must also contain:

(A) The oral proceedings on any defense motion denied in whole or in part except motions for disqualification of a judge;

(B) Any closing arguments; and

(C) Any comment on the evidence by the court to the jury.

(b) Local procedure for determining contents A court may adopt a local rule that establishes procedures for determining whether any of the items listed in (a) is not required for proper determination of the appeal or whether a form of the record other than a reporter’s transcript constitutes a record of sufficient completeness for proper determination of the appeal.

Committee Notes

(Subd (a) amended and lettered effective March 1, 2014; adopted as unlettered subd.)

(Subd (b) adopted effective March 1, 2014.)