Rule 8.860. Normal record on appeal
Cal. Rules of Court, rule 8.860
Current text effective July 1, 2009.
#(a) Contents
Except as otherwise provided in this chapter, the record on an appeal to a superior court appellate division in a misdemeanor criminal case must contain the following, which constitute the normal record on appeal:
#(1) A record of the written documents from the trial court proceedings in the form of one of the following:
#(2) If an appellant wants to raise any issue that requires consideration of the oral proceedings in the trial court, the record on appeal must include a record of the oral proceedings in the form of one of the following:
#(A) A reporter's transcript under rules 8.865-8.867 or a transcript prepared from an official electronic recording under rule 8.868;
#(B) If the court has a local rule for the appellate division permitting this form of the record, an official electronic recording of the proceedings under rule 8.868; or
#(C) A statement on appeal under rule 8.869.
#(b) Stipulation for limited record
If, before the record is certified, the appellant and the respondent stipulate in writing that any part of the record is not required for proper determination of the appeal and file that stipulation in the trial court, that part of the record must not be prepared or sent to the appellate division.
(Subd (b) amended effective July 1, 2009.)
#History
Rule 8.860 amended effective July 1, 2009; adopted effective January 1, 2009.
What this rule requires
Filing Timing and Cure Windows
Any written stipulation to exclude part of the record must be filed in the trial court before the record is certified.
The rule's wording
If, before the record is certified, the appellant and the respondent stipulate in writing that any part of the record is not required for proper determination of the appeal and file that stipulation in the trial court, that part of the record must not be prepared or sent to the appellate division.
Document Filing Requirements
A clerk's transcript under rule 8.861 or 8.867; or
If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file under rule 8.863.
A reporter's transcript under rules 8.865-8.867 or a transcript prepared from an official electronic recording under rule 8.868;
If the court has a local rule for the appellate division permitting this form of the record, an official electronic recording of the proceedings under rule 8.868; or
A statement on appeal under rule 8.869.
If, before the record is certified, the appellant and the respondent stipulate in writing that any part of the record is not required for proper determination of the appeal and file that stipulation in the trial court, that part of the record must not be prepared or sent to the appellate division.
Official text: courts.ca.gov , checked October 19, 2026.