Cal. Rules of Court, rule 8.924 · Article 2. Record in Infraction 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 reviewing court may impose the following sanctions:
(1) If the defaulting party is the appellant, the court may dismiss the appeal or, if the default relates only to procurement of the record of the oral proceedings, may proceed on the clerk's transcript or other record of the written documents from the trial court proceedings; or
(2) If the defaulting party is the respondent, the court 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 8.924 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_924
- Text hash
- sha256 0643ccfdfd450ff529424d45ac73687e25f5140313a8843503ae0b2b18c212c8
- 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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California Rules of Court
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