Skip to main content

Cal. Rules of Court, rule 8.860 · Article 2. Record in Misdemeanor Appeals

Normal record on appeal

Verbatim from the official edition

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

(a) Contents

Except as otherwise provided in this chapter, the record on an appeal to a superior court appellate division in a misdemeanor criminal case must contain the following, which constitute the normal record on appeal:

(1) A record of the written documents from the trial court proceedings in the form of one of the following:

(A) A clerk's transcript under rule 8.861 or 8.867; or

(B) If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file under rule 8.863.

(2) If an appellant wants to raise any issue that requires consideration of the oral proceedings in the trial court, the record on appeal must include a record of the oral proceedings in the form of one of the following:

(A) A reporter's transcript under rules 8.865-8.867 or a transcript prepared from an official electronic recording under rule 8.868;

(B) If the court has a local rule for the appellate division permitting this form of the record, an official electronic recording of the proceedings under rule 8.868; or

(C) A statement on appeal under rule 8.869.

(b) Stipulation for limited record

If, before the record is certified, the appellant and the respondent stipulate in writing that any part of the record is not required for proper determination of the appeal and file that stipulation in the trial court, that part of the record must not be prepared or sent to the appellate division.

Notes and commentary — not rule text

History

(Subd (b) amended effective July 1, 2009.)

Rule 8.860 amended effective July 1, 2009; adopted effective January 1, 2009.

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_860
Text hash
sha256 c2d92b94a345926695b38fe15076a5f6894094b6a38b30a947005024f0f1e25e
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.

Cited by 4 provisions

Provisions in this library whose text cites Cal. Rules of Court, rule 8.860. Each shows the citation as that text prints it.

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.