Rule 8.842 - Failure to procure the record(a)Notice of defaultExcept as otherwise provided by these rules, if a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the reviewing court may impose the following sanctions:
(1) If the defaulting party is the appellant, the court may dismiss the appeal; or(2) If the defaulting party is the respondent, the court may proceed with the appeal on the record designated by the appellant. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2014.)
(b)SanctionsIf the party fails to take the action specified in a notice given under (a), the trial court clerk must promptly notify the appellate division of the default, and the appellate division may impose one of the following sanctions:
(1) If the defaulting party is the appellant, the reviewing court may dismiss the appeal. If the appeal is dismissed, the reviewing court must promptly notify the superior court. The reviewing court may vacate the dismissal for good cause.(2) If the defaulting party is the respondent, the reviewing court may order the appeal to proceed on the record designated by the appellant, but the respondent may obtain relief from default under rule 8.812. (Subd (b) amended effective January 1, 2014; previously amended effective January 1, 2011.)
Rule 8.842 amended effective 1/1/2016; adopted effective 1/1/2009; previously amended effective 1/1/2011, and1/1/2014.