Cal. Rules of Court, rule 8.862 · Article 2. Record in Misdemeanor Appeals
Preparation of clerk's transcript
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.
California Rules of Court
- Cal. Rules of Court, rule 8.144Form of the recordPrinted as rule 8.144
- Cal. Rules of Court, rule 8.861Contents of clerk's transcriptPrinted as rule 8.861(12)(D)
- Cal. Rules of Court, rule 8.863Trial court file instead of clerk's transcriptPrinted as rule 8.863
- Cal. Rules of Court, rule 8.872Sending and filing the record in the appellate divisionPrinted as Rule 8.872
Cited by 3 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 8.862. 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.