Cal. Rules of Court, rule 8.842 · Article 2. Record in Civil Appeals
Failure to procure the record
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Notice of default
Except as otherwise provided by these rules, if a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the reviewing court may impose the following sanctions:
(1) If the defaulting party is the appellant, the court may dismiss the appeal; or
(2) If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant.
(b) Sanctions
If the party fails to take the action specified in a notice given under (a), the trial court clerk must promptly notify the appellate division of the default, and the appellate division may impose one of the following sanctions:
(1) If the defaulting party is the appellant, the reviewing court may dismiss the appeal. If the appeal is dismissed, the reviewing court must promptly notify the superior court. The reviewing court may vacate the dismissal for good cause.
(2) If the defaulting party is the respondent, the reviewing court may order the appeal to proceed on the record designated by the appellant, but the respondent may obtain relief from default under rule 8.812.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2014.)
(Subd (b) amended effective January 1, 2014; previously amended effective January 1, 2011.)
Rule 8.842 amended effective January 1, 2016; adopted effective January 1, 2009; previously amended effective January 1, 2011, and January 1, 2014.
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_842
- Text hash
- sha256 208a11005cc5d3f89a9f07e933116404a2a500767eeeb92280af21338b9e931c
- 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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California Rules of Court
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