Rule 8.346. Settled statement
Cal. Rules of Court, rule 8.346
Current text effective January 1, 2016.
#(a) Application
As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement. The application must explain why the oral proceedings cannot be transcribed.
#(b) Order and proposed statement
The judge must rule on the application within five days after it is filed. If the judge grants the application, the parties must comply with the relevant provisions of rule 8.137, but the applicant must deliver a proposed statement to the judge for settlement within 30 days after it is ordered, unless the reviewing court extends the time.
(Subd (b) amended effective January 1, 2007.)
#(c) Serving and filing the settled statement
The applicant must prepare, serve, and file in superior court an original and, if the statement is filed in paper form, three copies of the settled statement.
(Subd (c) amended effective January 1, 2016.)
#History
Rule 8.346 amended effective January 1, 2016; adopted as rule 32.3 effective January 1, 2004; previously amended and renumbered as rule 8.346 effective January 1, 2007.
What this rule requires
Filing Timing and Cure Windows
As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement.
The judge must rule on the application within five days after it is filed.
The parties must comply with the relevant provisions of rule 8.137, but the applicant must deliver a proposed statement to the judge for settlement within 30 days after it is ordered, unless the reviewing court extends the time.
Service and Proof of Service Rules
As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement.
The applicant must prepare, serve, and file in superior court an original and, if the statement is filed in paper form, three copies of the settled statement.
Document Format Requirements
The applicant must prepare, serve, and file in superior court an original and, if the statement is filed in paper form, three copies of the settled statement.
Document Filing Requirements
The application must explain why the oral proceedings cannot be transcribed.
If the judge grants the application, the parties must comply with the relevant provisions of rule 8.137.
The rule's wording
The parties must comply with the relevant provisions of rule 8.137, but the applicant must deliver a proposed statement to the judge for settlement within 30 days after it is ordered, unless the reviewing court extends the time.
Official text: courts.ca.gov , checked October 19, 2026.