CODES MODULE, PART VIII

CALIFORNIA RULES OF COURT

CALIFORNIA RULES OF COURT

Rule 4 (a) Reporter’s Transcript

The appellant must file a notice to prepare a reporter’s transcript within 10 days of filing of the notice of appeal with the clerk of the superior court.The notice must be accompanied by a deposit of the approximate cost of the transcript.

The reporter shall start work on the transcript upon receipt of the notice from the clerk.The reporter may file a revised estimate of the total cost of the transcript if necessary, and the appellant will have 10 days to deposit the additional sum.The appellant is billed at the statutory rates.

If more than one reporter is producing the transcript, the clerk will pay each reporter as soon as he certifies his portion as complete.The voir dire examination of jurors, the opening statements, the arguments to the jury, and the proceedings on a motion for new trial are not transcribed unless requested.Portions of depositions are transcribed, as are objections.

Rule 4 (b) Partial Transcript

The parties may stipulate in writing that any part of the proceedings not be transcribed.The notice to the clerk may designate the portions to be transcribed or the parts to be omitted.A reviewing court will not allow an appellant to appeal upon a ground when the relevant portion of the transcript has been omitted.

A respondent has 10 days within which to designate additional portions of the transcript be transcribed and deposit additional funds with the clerk for its transcription.If any portion of a witness’ testimony is transcribed, his whole testimony will be transcribed, unless the parties stipulate otherwise.

Rule 30 (c) Deposit/Waiver

The appellant or the respondent may substitute the reporter’s written waiver of a deposit for a deposit of fees.The clerk will notify the reporter immediately that the money has been deposited and which portions to prepare.

Rule 30 (d) Transcript Preparation

The reporter’s transcript shall be prepared and filed with the clerk within 30 days after the reporter has been notified.Only the reviewing court has the authority to grant extensions.One week after the deadline, the clerk will accept all parts of the transcript from the lead reporter in a multireporter case.

Rule 30 (e) Settled Statement

If the reporter is unable to produce the transcript or any part thereof, the clerk shall notify the parties.The parties may make a motion to prepare a settled statement of the proceedings.If granted by the court, this settled statement will become part of the record on appeal in lieu of the reporter’s transcript in part or in whole.

Rule 30 (f) Transcript Reimbursement

The trial court may grant an appellant’s motion to file a notice to prepare reporter’s transcript without a deposit if the party shows he is eligible to have the transcript paid for out of the TRF.If the court rules against the appellant, he then has 30 days to deposit the reporter's fee with the clerk.The reporter does not have to start working on the transcript until the deposit is made or the fee is waived.

Rule 9 (b) Typewritten Record

The transcript shall be printed on one side only and be bound on the left side.The margins shall not be less than 1 ¼ inches from the left side of the page, not less than 1 inch from the top and bottom, and not less than ½ inch from the right side of the page.The pages shall be numbered consecutively.

Rule 9 (d) IndexesThe first volume of the reporter’s transcript shall have an alphabetical and chronological index referring to the volume and page where all examinations of a witness begin.There will be a separate index for exhibits.Daily transcripts may be used, but will be renumbered.

Rule 9 (e) Binding & Cover

The reporter’s transcript shall be bound in volumes of not more than 300 pages.The cover must be the same size as the pages.On the cover must appear the case title, the judge’s name, the county name, and the attorneys’ information.

Rule 9 (f) Block Numbering

In a multireporter case, each reporter will give his estimate of the number of pages in his segment to the lead reporter.The lead reporter will specify the page numbers for each segment.

If more page numbers are needed than were assigned for any segment, the ending page number will be repeated on each succeeding page followed by a hyphen and new number (i.e., 750-2).If fewer page numbers are needed than were assigned for any segment, the ending page number will be numbered in order followed by a hyphen, and then “(next page number is __).”

Rule 12 Augmentation/Correction

The reviewing court may order that additional parts of the original superior court file be sent to it, including portions of a transcript.The clerk or reporter has 10 days to comply.The reviewing court may also direct that any part of the record be corrected or certified.

Rule 30 Criminal Appeals

Civil appeal rules apply to criminal appeals unless otherwise specified or where it is impracticable.

Rule 33 (a) Normal Record

The normal record includes reporter’s transcript of

oral proceedings in the trial of the cause, including motions in liminea motion for a new trial and any entry of a verdict other than not guiltyany opinion of the courtany denied 1538.5 motionsclosing arguments to the juryquestions to and from the jury

Rule 33 (b) Additional Record

Voir dire examination of the jurors and opening statements may be included in the transcript upon request.A request for additional record will be ordered by the judge within 5 days of application. If the judge fails to rule within 5 days, the requested material will be included without an order from the court.

Rule 33.5 (a) Marsden Hearings

In addition to the normal record, a record on appeal in a criminal action shall also include a sealed reporter’s transcript of Marsden hearings.The chronological index shall refer to the Marsden hearing and state “SEALED.”

Rule 33.5 In-Camera Proceedings

The record on appeal in a criminal action may also include

a sealed, separately paginated reporter’s transcript of any confidential in-camera proceeding from which a party was excluded from being represented.written materials submitted to the trial court determined to be confidential and withheld from a party

Rule 34.5 Transcript Ordering

The judge shall order the reporter and the clerk to prepare the record on appeal after a guilty verdict in a felony case, unless it is likely that no appeal will be made.

Rule 35 (a) Reporter’s Transcript

The clerk will inform the reporter of the appeal.The transcript must be delivered within 20 days, unless an extension has been granted.In death-penalty cases, one copy of the transcript must be in computer-readable form.

Rule 35 (c) Delivery

As soon as both the clerk’s and the reporter’s transcripts are completed, the clerk shall deliver them.Corrections on a death-penalty case must be made within 90 days after the transcript is delivered.

Rule 35 (d) Extensions

The total amount of extensions shall exceed 60 days (80 days total).

Rule 39 Juvenile Appeals

The normal record in a juvenile appeal consists of the clerk’s transcript and the reporter’s transcript of hearings made pursuant to the Welfare & Institutions Code, excluding opening statements.

Questions on Sections 4 - 39

1. A civil appeal transcript shall always includeA. voir dire of jurorsB. opening statementsC. examinations under 776D.proceedings on motion for new trial

Answer: C

2. A “Notice to Prepare Reporter’s Transcript” is prepared byA. clerkB. respondentC. appellantD.reporter

Answer: C

3. Portions of depositions which have been offered in evidenceA. shall be part of the transcript on

appealB. shall never be included in a transcript

on appealC. shall not be included if rejected by the

courtD.shall only be included if deponent’s

signature was notarizedAnswer: A

4. The “Notice to Prepare Reporter’s Transcript”A. is always filed first with the reporterB. must be signed by the judgeC. is effective only when confirmed by

court orderD.is effective when appellant files

waiver of deposit signed by reporter

Answer: D

5. The reporter estimates the cost of preparing a civil transcriptA. as soon as the judgment for plaintiff

is issuedB. as soon as judgment for defendant

is issuedC. when the court signs that the

transcript is accurateD.after notification from the clerk

Answer: D

6. It is NOT necessary to include on the trial transcript cover theA. name of the witnessB. title of the caseC. the trial judge’s nameD.the county where the trial took place

Answer: A

7. The reporter’s transcript need NOT haveA. a chronological indexB. an alphabetical index in each volumeC. a table of exhibits in the first volumeD.a notation of the omission of any

exhibit

Answer: B

8. A reporter would normally use the words “(next page number is__)”A. on a criminal appeal coverB. on the cover of the first volume of a

civil appealC. when there are two reporters on the

trialD.when the reporter inserts an exhibit

in the transcript

Answer: C

9. In a criminal case, if the judge does not direct the inclusion in the record of requested additional record,A. the reporter does not include it in the

recordB. the clerk requests stipulation of counselC. the reporter waits for order from the

appellate courtD. after five days the reporter includes it in

the recordAnswer: D

10.Extensions of time for filing a criminal transcript may be granted byA. the reviewing courtB. the clerkC. the municipal courtD.the reporter

Answer: A

11.Extensions of time for transcript preparation in criminal cases are limited toA. 20 days in the aggregateB. 60 days in the aggregateC. 90 days in the aggregateD. 120 days in the aggregate

Answer: B

12.An extension of time for preparation of the record A. may be granted by the superior court

presiding judgeB. may be granted by the clerk’s office

on written requestC. should be sent to the trial judge for

approvalD. may be granted by the reviewing

court

Answer: D

13.Without order of the court, the reporter shall seal A. a juvenile appeal transcriptB. a criminal appealC. a Marsden hearingD. a motion for a new trial

Answer: C

14.In a criminal case, which of the following must be requested since it is not part of the normal record? A. voir dire examination of jurorsB. closing argumentC. jury instructionsD. oral opinion of the court

Answer: A

15.After an application for additional record,A. the judge may direct its inclusion in

the recordB. the reporter cannot include it in the

record without court orderC. there must be a consent signed by

the district attorneyD. the reporter must wait 30 days for

instructions

Answer: A

16.On a criminal appeal transcript, the reporter has how long after the filing of the notice of appeal to deliver the transcript?A. 10 daysB. 15 daysC. 20 daysD. 30 days

Answer: C

17.The normal record in a noncapital case shall NOT includeA. dispositional proceedingsB. opening statementsC. jury instructionsD. rulings of court

Answer: B

18.Under 35(b) the reporter shall prepareA. an original and 3 copies of the

transcriptB. one more copy than required of the

clerk’s transcriptC. an original and 2 copies of the

transcriptD. the same number of copies as are

required of the clerk’s transcript

Answer: B

19.On appeal where there has been a Marsden hearing, the reporterA. sends notes to the appellate court

under sealB. includes a transcript of the

proceedings automaticallyC. checks with the trial judge to

determine whether to transcribe itD. asks the DA whether to transcribe

the hearing

Answer: B

20.The transcript of oral proceedings taken at a deposition hearing in juvenile court excludesA. opinions of the CourtB. arguments to the CourtC. opening statementsD. objections and rulings

Answer: C

True or False

1. If more than one reporter is producing the transcript, each reporter must wait to be paid until the other reporter(s) complete their portion(s) of the transcript.

False

2. All transcripts of records on appeal should be single-spaced on white 8 ½ x 11” paper.

False

3. A reporter has ten days to comply with a notice to provide omitted material in a transcript.

True

4. Reporters must use recycled paper.

True

5. When there are two or more reporters, block numbering must be used.

True

6. If any part of a transcript is incorrect, the court may not direct that it be corrected without a motion from one of the parties.

False

7. A motion in limine cannot be made until after closing argument.

False

8. On appeal in a noncapital case, either party may request the inclusion in the record of proceedings on voir dire examination of jurors.

True

9. If the defendant raises a Marsden issue in his brief,the People, upon motion, shall receive a copy of any portions of the transcript which have not been deemed confidential.

True

10.The reporter need not attach a certificate that the transcript is correct in criminal cases.

False

11.Portions of the transcript which were typed during the trial shall be retyped on appeal and bound with any portions of the transcript not previously typed.

False

12.The rules governing appeals from the superior court in criminal cases are generally applicable to appeals from the juvenile court.

True

13.The normal record in a criminal action appealed from juvenile court shall also include a sealed reporter’s transcript of the Marsden hearing.

True

14.One week after the deadline for filing the transcript in a multi-reporter case, all delinquent reporters shall be taken off the calendar.

False

CALIFORNIA RULES OF COURT

Rule 44 Filing of Papers

An original and one copy shall be filed in the reviewing court, unless a different number is specifically set forth.

Rule 45 Extension of Time

Superior Court judges may not extend the time for preparing a record on appeal.

Rule 46.5 Sanctions

A court reporter’s failure to file the record in a timely manner is an unlawful interference with the proceedings of the reviewing court.Sanctions may be imposed for such breach of duty.

Rule 124 Reporter’s Transcript

Rules 4-30(e) mirror Rule 124.

Rule 201 Papers Filed

The term “papers” includes all documents offered for filing in any case in the superior court, but it does not included printed forms, municipal court appeals, nor briefs filed in appellate departments.The use of recycled paper is required for most filings.

Rule 203.5 Electronic Recordings

A party offering a recording into evidence must also offer a typewritten transcript of the recording.Unless the judge orders otherwise, the court reporter does not need to take down or transcribe a recording that is admitted into evidence.

Rule 316 Deposition Testimony

The first page of a deposition used as an exhibit must state the deponent’s name and the date of the deposition.The exhibit shall contain only the relevant pages of the transcript.The original page number must be clearly visible at the bottom of the page.

Rule 335 Motion to compel

The document to which response is requested shall accompany a motion to compel further responses to interrogatories, to compel answers to questions asked at a deposition, or to compel production of documents.

Rule 470 Appeal Rights

The court shall advise the defendant of his right to appeal and the steps required after a sentence has been imposed in a criminal case.

Questions on Sections 44 - 470

1. Unless the reporter is instructed to the contrary, he will file an original and how many copies of his transcript with the reviewing court?A. 1B. 2C. 3

Answer: A

2. The judges of the superior courtA. are required to review transcripts on

appealB. must grant extensions for transcript

preparation within 10 days of request

C. may not grant an extension to prepare a transcript on appeal

Answer: C

3. The failure of the reporter to perform a duty which delays the filing of the record on appealA. will be covered by an automatic

extensionB. may be treated as an unlawful

interference with the proceedings of the trial court

C. will result in automatic suspensionAnswer: B

4. The reporter files a transcript estimate with the clerk within how long after the receipt of the notice of appeal?A. 10 daysB. 20 daysC. 30 days

Answer: A

5. If part of a witness’s testimony in included in the transcript, all of it must beA. submitted within 10 days of the

requestB. sealed until the court can rule on

admissibilityC. absent a stipulation by the parties

Answer: C

6. Unless specified, the normal transcript shall not includeA. opening statementsB. objections to the testimonyC. rulings of the court

Answer: A

7. Typeface shall be essentially equivalent toA. ManuscriptB. EliteC. Courier

Answer: C

8. The left margin shall startA. at least one inch from the line

numberB. one-half inch from the left edge of

the paperC. at least one inch from the left edge

of the paper

Answer: C

9. On the cover to the right and opposite the title of the case, shall appear theA. appearances of counselB. judge’s nameC. number of the case

Answer: C

10.After receiving the fees from the appellant, the reporter shall file the transcript inA. 10 daysB. 20 daysC. 30 days

Answer: B

True or False

1. After the filing of a notice of appeal, the failure of the court reporter to prepare the transcript in a timely manner may be treated as an unlawful interference with the proceedings.

True

2. The reporter does not transcribe the proceedings wherein a defendant is notified of his right to appeal if sentence has already been imposed.

False

3. The parties, by filing a timely stipulation, may direct that part of the reporter’s notes be not transcribed.

True

4. An appellant may request of the reporter a transcript which contains only the proceedings or portions thereof which the appellant desires transcribed.

True

5. All court documents shall be on 8 ½ X 13” white paper.

False

6. Page numbers shall be at the top right of each page.

False

7. Sanctions may be imposed for failure of a court reporter to file a transcript in a timely fashion.

True

8. The trial judge may extend the time for preparation of an appeal transcript for 60 days in the aggregate.

False

9. Unless ordered to the contrary, a reporter would file an original and 3 copies with the reviewing court.

False

10.The reporter shall note in the transcript all places where omissions of oral proceedings occurred.

True