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Court Rules

California Rules of Court

Rule 8.914. Trial court file instead of clerk's transcript

Cal. Rules of Court, rule 8.914

Current text effective January 1, 2009.

#(a) Application

If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file may be used instead of a clerk's transcript. This rule and any supplemental provisions of the local rule then govern unless the trial court orders otherwise after notice to the parties.

#(b) When original file must be prepared

Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

#(c) Copies

The clerk must send a copy of the index to the appellant for use in paginating his or her copy of the file to conform to the index. If there is more than one appellant, the clerk must prepare an extra copy of the index for each additional appellant who is represented by separate counsel or self-represented. If the defendant is the appellant, a copy must also be prepared for the prosecuting attorney unless the prosecuting attorney has notified the court under rule 8.911 that he or she does not want to receive the record. If the People are the appellant, a copy must also be prepared for the respondent.

#History

Rule 8.914 adopted effective January 1, 2009.

#Advisory Committee Comment

Rule 8.922 addresses when the original file is sent to the appellate division in infraction appeals.

What this rule requires

Filing Timing and Cure Windows

  • The trial court clerk must prepare the trial court file within 20 days after the notice of appeal is filed.

    The rule's wording

    Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

Service and Proof of Service Rules

  • The clerk must send a copy of the index to the appellant for use in paginating his or her copy of the file to conform to the index.

  • If there is more than one appellant, the clerk must prepare an extra copy of the index for each additional appellant who is represented by separate counsel or self-represented.

  • If the defendant is the appellant, a copy must also be prepared for the prosecuting attorney unless the prosecuting attorney has notified the court under rule 8.911 that he or she does not want to receive the record.

  • If the People are the appellant, a copy must also be prepared for the respondent.

Document Format Requirements

  • If the court has a local rule for the appellate division electing to use this form of the record, the original trial court file may be used instead of a clerk's transcript. This rule and any supplemental provisions of the local rule then govern unless the trial court orders otherwise after notice to the parties.

  • When preparing the trial court file, the clerk must put it in chronological order and number its pages.

    The rule's wording

    Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

Document Filing Requirements

  • Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

Official text: courts.ca.gov , checked October 19, 2026.