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Cal. Rules of Court, rule 8.1007 · Division 6. Transfer of Appellate Division Cases to the Court of Appeal

Transmitting record to Court of Appeal

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Clerks' duties

(1) To assist the Court of Appeal in determining whether to order transfer, the superior court clerk must send the record specified in (b) to the Court of Appeal within five days after:

(A) The appellate division certifies a case for transfer under rule 8.1005;

(B) The superior court clerk sends a copy of an appellate division opinion certified for publication to the Court of Appeal under rule 8.887;

(C) The superior court clerk receives a copy of a petition for transfer under rule 8.1006; or

(D) The superior court receives a request for the record from the Court of Appeal.

(2) The clerk/executive officer of the Court of Appeal must promptly notify the parties when the clerk files the record.

(b) Contents

The record sent to the Court of Appeal under (a) must contain:

(1) The original record on appeal prepared under rules 8.830-8.843, 8.860-8.873, or 8.910-8.923;

(2) Any briefs filed in the appellate division;

(3) The decision of the appellate division; and

(4) Any application for certification for transfer, any answer to that application, and the appellate division's order on the application.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2018; adopted as subd (b); previously amended effective January 1, 2007, and July 1, 2009; previously amended and relettered effective January 1, 2011.)

(Subd (b) amended and relettered effective January 1, 2011; adopted as subd (a); previously amended effective January 1, 2007, and July 1, 2009.)

Rule 8.1007 amended effective January 1, 2018; repealed and adopted as rule 65 effective January 1, 2003; previously amended and renumbered as rule 8.1010 effective January 1, 2007; previously amended effective July 1, 2009; previously amended and renumbered effective January 1, 2011.

Advisory Committee Comment

Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/eight/rule8_1007
Text hash
sha256 64bc9a01a1e5151062d7ca60c09ed4c4e65b365c3541d49b57ba7e51ff4a19df
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.