Cal. Rules of Court, rule 8.863 · Article 2. Record in Misdemeanor Appeals
Trial court file instead of clerk's transcript
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Application
If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file may be used instead of a clerk's transcript. This rule and any supplemental provisions of the local rule then govern unless the trial court orders otherwise after notice to the parties.
(b) When original file must be prepared
Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.
(c) Copies
The clerk must send a copy of the index to the appellant and the respondent for use in paginating their copies of the file to conform to the index. If there is more than one appellant, the clerk must prepare an extra copy of the index for each additional appellant who is represented by separate counsel or self-represented.
Notes and commentary — not rule text
History
(Subd (c) amended effective July 1, 2009.)
Rule 8.863 amended effective July 1, 2009; adopted effective January 1, 2009.
Advisory Committee Comment
Rule 8.872 addresses when the original file 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_863
- Text hash
- sha256 6b0414e150d648387e72514ee44e1d63e58a99bccdeb58f4b2b8b7e87a943eab
- 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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