Rule 8.324. Application in superior court for addition to normal record
Cal. Rules of Court, rule 8.324
Current text effective January 1, 2007.
#(a) Appeal by the People
The People, as appellant, may apply to the superior court for inclusion in the record of any item that would be part of the normal record in a defendant's appeal.
#(b) Application by either party
Either the People or the defendant may apply to the superior court for inclusion in the record of any of the following items:
#(1) In the clerk's transcript: any written defense motion granted in whole or in part or any written motion by the People, with supporting and opposing memoranda and attachments;
#(2) In the reporter's transcript:
(Subd (b) amended effective January 1, 2007.)
#(c) Application
#(1) An application for additional record must describe the material to be included and explain how it may be useful in the appeal.
#(2) The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.
#(3) The clerk must immediately present the application to the trial judge.
#(d) Order
#(1) Within five days after the application is filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant. Denial of the application does not preclude a motion in the reviewing court for augmentation under rule 8.155.
#(2) If the judge does not rule on the application within the time prescribed by (1), the requested material-other than exhibits-must be included in the clerk's transcript or the reporter's transcript without a court order.
#(3) The clerk must immediately notify the reporter if additions to the reporter's transcript are required under (1) or (2).
(Subd (d) amended effective January 1, 2007.)
#History
Rule 8.324 amended and renumbered effective January 1, 2007; adopted as rule 31.1 effective January 1, 2004.
What this rule requires
Filing Timing and Cure Windows
The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.
The clerk must immediately present the application to the trial judge.
Within five days after the application is filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant.
Chambers Communication Rules
The clerk must immediately notify the reporter if additions to the reporter's transcript are required under (1) or (2).
Document Filing Requirements
An application for additional record must describe the material to be included and explain how it may be useful in the appeal.
If the judge does not rule on the application within the time prescribed by (1), the requested material-other than exhibits-must be included in the clerk's transcript or the reporter's transcript without a court order.
Official text: courts.ca.gov , checked October 19, 2026.