Cal. Rules of Court, rule 8.713 · Chapter 2. Appeals Under Code of Civil Procedure Section 1294.4 From an Order Dismissing or Denying a Petition to Compel Arbitration
Record on appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Record of written documents
The record of the written documents from the superior court proceedings must be in the form of a joint appendix or separate appellant's and respondent's appendixes under rule 8.124.
(b) Record of the oral proceedings
(1) The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court. If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must designate a reporter's transcript.
(2) Within 10 days after the superior court notifies the court reporter to prepare the transcript under rule 8.130(d)(2), the reporter must prepare and certify an original of the transcript and file the original and required number of copies in superior court.
(3) If the appellant does not present its notice of designation as required under (1) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:
(A) If the defaulting party is the appellant, the court may dismiss the appeal; or
(B) If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.
(4) Within 10 days after the record is filed in the reviewing court, a party that has not purchased its own copy of the record may request the appellant, in writing, to lend it the appellant's copy of the record at the time that the appellant serves its final opening brief under rule 8.715(b)(2). The borrowing party must return the copy of the record when it serves its brief or the time to file its brief has expired. The cost of sending the copy of the record to and from the borrowing party shall be treated as a cost on appeal under rule 8.891(d)(1)(B).
Notes and commentary — not rule text
History
Rule 8.713 adopted effective July 1, 2017.
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_713
- Text hash
- sha256 49d65473f65db3617aa05f5ce45c0aaadf1e9b0887ea100719195aea06e8dabc
- 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
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
California Rules of Court
- Cal. Rules of Court, rule 8.121Notice designating the record on appealPrinted as rule 8.121
- Cal. Rules of Court, rule 8.124AppendixesPrinted as rule 8.124
- Cal. Rules of Court, rule 8.130Reporter's transcriptPrinted as rule 8.130(b)(1) | rule 8.130(b)(3) | rule 8.130(d)(2)
- Cal. Rules of Court, rule 8.715BriefingPrinted as rule 8.715(b)(2)
- Cal. Rules of Court, rule 8.891Costs and sanctions in civil appealsPrinted as rule 8.891(d)(1)(B)
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.