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Cal. Rules of Court, rule 8.862 · Article 2. Record in Misdemeanor Appeals

Preparation of clerk's transcript

Verbatim from the official edition

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

(a) When preparation begins

Unless the original court file will be used in place of a clerk's transcript under rule 8.863, the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.

(b) Format of transcript

The clerk's transcript must comply with rule 8.144.

(c) Probation officer's reports

A probation officer's report included in the clerk's transcript under rule 8.861(12)(D) must appear in only the copies of the appellate record that are sent to the reviewing court, to appellate counsel for the People, and to appellate counsel for the defendant who was the subject of the report or to the defendant if he or she is self-represented. If the report is in paper form, it must placed in a sealed envelope. The reviewing court's copy of the report, and if applicable, the envelope, must be marked "CONFIDENTIAL-MAY NOT BE EXAMINED WITHOUT COURT ORDER-PROBATION OFFICER REPORT."

(d) When preparation must be completed

Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original clerk's transcript for the appellate division, one copy for the appellant, and one copy for the respondent. If there is more than one appellant, the clerk must prepare an extra copy for each additional appellant who is represented by separate counsel or self-represented.

(e) Certification

The clerk must certify as correct the original and all copies of the clerk's transcript.

Notes and commentary — not rule text

History

(Subd (c) amended effective January 1, 2016; adopted effective January 1, 2010.)

(Subd (d) relettered effective January 1, 2010; adopted as subd (c); previously amended effective July 1, 2009.)

(Subd (e) relettered effective January 1, 2010; adopted as subd (d).)

Rule 8.862 amended effective January 1, 2016; adopted effective January 1, 2009; previously amended effective July 1, 2009, January 1, 2010.

Advisory Committee Comment

Rule 8.872 addresses when the clerk's transcript is sent to the appellate division in misdemeanor appeals.

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_862
Text hash
sha256 e2df8f04125fe73f5d105369b9cfe5a2d99d3d027c3f550b42286ed47f3f6254
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 3 provisions

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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.