Cal. Rules of Court, rule 8.861 · Article 2. Record in Misdemeanor Appeals
Contents of clerk's transcript
Text — As posted by the Judicial Council of California (read October 22, 2026)
Except in appeals covered by rule 8.867 or when the parties have filed a stipulation under rule 8.860(b) that any of these items is not required for proper determination of the appeal, the clerk's transcript must contain:
(1) The complaint, including any notice to appear, and any amendment;
(2) Any demurrer or other plea;
(3) All court minutes;
(4) Any jury instructions that any party submitted in writing, the cover page required by rule 2.1055(b)(2), and any written jury instructions given by the court;
(5) Any written communication between the court and the jury or any individual juror;
(6) Any verdict;
(7) Any written findings or opinion of the court;
(8) The judgment or order appealed from;
(9) Any motion or notice of motion for new trial, in arrest of judgment, or to dismiss the action, with supporting and opposing memoranda and attachments;
(10) Any transcript of a sound or sound-and-video recording furnished to the jury or tendered to the court under rule 2.1040; and
(11) The notice of appeal; and
(12) If the appellant is the defendant:
(A) Any written defense motion denied in whole or in part, with supporting and opposing memoranda and attachments;
(B) If related to a motion under (A), any search warrant and return;
(C) Any document admitted in evidence to prove a prior juvenile adjudication, criminal conviction, or prison term. If a record was closed to public inspection in the trial court because it is required to be kept confidential by law, it must remain closed to public inspection in the appellate division unless that court orders otherwise;
(D) The probation officer's report; and
(E) Any court-ordered psychological report required under Penal Code section 1369.
Notes and commentary — not rule text
History
Rule 8.861 amended effective January 1, 2010; adopted effective January 1, 2009.
Advisory Committee Comment
Rule 8.862(c) addresses the appropriate handling of probation officers' reports that must be included in the clerk's transcript under (12)(D).
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_861
- Text hash
- sha256 2928f9b177f41e0c17a2ec5eb6c8feba2c875d43e17e899881eff54d4e9b5a2a
- 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 2.1040Electronic recordings presented or offered into evidencePrinted as rule 2.1040
- Cal. Rules of Court, rule 2.1055Proposed jury instructionsPrinted as rule 2.1055(b)(2)
- Cal. Rules of Court, rule 8.860Normal record on appealPrinted as rule 8.860(b)
- Cal. Rules of Court, rule 8.862Preparation of clerk's transcriptPrinted as Rule 8.862(c)
- Cal. Rules of Court, rule 8.867Limited normal record in certain appealsPrinted as rule 8.867
Cited by 4 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 8.861. Each shows the citation as that text prints it.
California Rules of Court
- Cal. Rules of Court, rule 2.1040Electronic recordings presented or offered into evidencePrinted as rules 8.320, 8.861, and 8.912
- Cal. Rules of Court, rule 8.860Normal record on appealPrinted as rule 8.861 or 8.867
- Cal. Rules of Court, rule 8.862Preparation of clerk's transcriptPrinted as rule 8.861(12)(D)
- Cal. Rules of Court, rule 8.867Limited normal record in certain appealsPrinted as rule 8.861
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.