(Subd (a) amended effective January 1, 2024; Subd (a) amended effective January 1, 2016; previously amended effective March 1, 2014.)
The reporter's transcript must comply with rule 8.838.
(Subd (b) amended effective January 1, 2024.)
The reporter must prepare an original and the same number of copies of the reporter's transcript as rule 8.862 requires of the clerk's transcript and must certify each as correct.
(Subd (d) amended effective March 3, 2018; previously amended effective March 1, 2014, and January 1, 2017, and January 1, 2018.)
In a multi-reporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (d) even if other portions are uncompleted. The clerk must promptly pay each reporter who certifies that all portions of the transcript assigned to that reporter are completed.
(Subd (f) amended effective January 1, 2016; adopted effective March 1, 2014.)
Cal. R. Ct. 8.866
Advisory Committee Comment
Subdivision (a). If the appellant was not represented by the public defender or other appointed counsel in the trial court, the appellant must use Defendant's Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105) to show indigency. This form is available at any courthouse or county law library or online at www.courts.ca.gov/forms.
Subdivisions (a)(2)(C)(iv) and (a)(2)(D)(iii). Sometimes a party in a trial court proceeding will purchase a reporter's transcript of all or part of the proceedings before any appeal is filed. In recognition of the fact that such transcripts may already have been purchased, this rule allows an appellant, in lieu of depositing funds for a reporter's transcript, to deposit with the trial court a certified transcript of the proceedings necessary for the appeal. Subdivisions (a)(2)(C)(iv) and (a)(2)(D)(iii) make clear that the certified transcript may be filed in lieu of a deposit for a reporter's transcript only where the certified transcript contains all of the proceedings required under rule 8.865 and the transcript complies with the format requirements of rule 8.838 (e.g., cover information, renumbered pages, required indexes) . Parties using this alternative to a deposit are responsible for ensuring that such transcripts are in the proper format. Parties may arrange with a court reporter to do the necessary formatting of the transcript or may do the formatting themselves.