Cal. R. 8.920

As amended through July 24, 2024

Rule 8.920 - Limited normal record in certain appeals

If the People appeal from a judgment on a demurrer to the complaint, including any notice to appear, or if the defendant or the People appeal from an appealable order other than a ruling on a motion for new trial, the normal record is composed of:

(1)Record of the documents filed in the trial court

A clerk's transcript or original trial court file containing:

(A) The complaint, including any notice to appear, and any amendment;

(B) Any demurrer or other plea;

(C) Any motion or notice of motion granted or denied by the order appealed from, with supporting and opposing memoranda and attachments;

(D) The judgment or order appealed from and any abstract of judgment;

(E) Any court minutes relating to the judgment or order appealed from and:

(i) If there was a trial in the case, any court minutes of proceedings at the time the original judgment is rendered and any subsequent proceedings; or

(ii) If the original judgment of conviction is based on a guilty plea or nolo contendere plea, any court minutes of the proceedings at the time of entry of such plea and any subsequent proceedings; and

(F) The notice of appeal.

(2)Record of the oral proceedings in the trial court

If an appellant wants to raise any issue that requires consideration of the oral proceedings in the trial court:

(A) A reporter's transcript, a transcript prepared under rule 8.917, an official electronic recording under rule 8.917, or a statement on appeal under rule 8.916 summarizing any oral proceedings incident to the judgment or order being appealed.

(B) If the appeal is from an order after judgment, a reporter's transcript, a transcript prepared under rule 8.917, an official electronic recording under rule 8.917, or a statement on appeal under rule 8.916 summarizing any oral proceedings from:

(i) The original sentencing proceeding; and

(ii) If the original judgment of conviction is based on a guilty plea or nolo contendere plea, the proceedings at the time of entry of such plea.

Cal. R. Ct. 8.920

Rule 8.920 amended effective 1/1/2013; adopted effective 1/1/2009.

Advisory Committee Comment

Subdivision (1)(E). This rule identifies the minutes that must be included in the record. The trial court clerk may include additional minutes beyond those identified in this rule if that would be more cost-effective.