Cal. Rules of Court, rule 8.874 · Article 2. Record in Misdemeanor Appeals
Failure to procure the record
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Notice of default
If a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the appellate division may impose the following sanctions:
(1) When the defaulting party is the appellant:
(A) If the appellant is the defendant and is represented by appointed counsel on appeal, the appellate division may relieve that appointed counsel and appoint new counsel; or
(B) If the appellant is the People or the appellant is the defendant and is not represented by appointed counsel, the appellate division may dismiss the appeal.
(2) When the defaulting party is the respondent:
(A) If the respondent is the defendant and is represented by appointed counsel on appeal, the appellate division may relieve that appointed counsel and appoint new counsel; or
(B) If the respondent is the People or the respondent is the defendant and is not represented by appointed counsel, the appellate division may proceed with the appeal on the record designated by the appellant.
(b) Sanctions
If the party fails to take the action specified in a notice given under (a), the trial court clerk must promptly notify the appellate division of the default and the appellate division may impose the sanction specified in the notice. If the appellate division dismisses the appeal, it may vacate the dismissal for good cause. If the appellate division orders the appeal to proceed on the record designated by the appellant, the respondent may obtain relief from default under rule 8.812.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2016.)
Rule 8.874 amended effective January 1, 2016; adopted effective March 1, 2014.
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_874
- Text hash
- sha256 aa223f0e3ab0de7e60895b34dd8e99077fe6e2d4d462103ddeb09804d3869865
- 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
Cited by 2 provisions
Provisions in this library whose text cites Cal. Rules of Court, rule 8.874. 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.