Rule 8.869 - Statement on appeal(a) DescriptionA statement on appeal is a summary of the trial court proceedings that is approved by the trial court. An appellant can elect under rule 8.864 to use a statement on appeal as the record of the oral proceedings in the trial court, replacing the reporter's transcript.
(b)Preparing the proposed statement(1) If the appellant elects under rule 8.864 to use a statement on appeal, the appellant must prepare, serve, and file a proposed statement within 20 days after filing the record preparation election.(2) Appellants who are not represented by an attorney must file their proposed statement on Proposed Statement on Appeal (Misdemeanor) (form CR-135). For good cause, the court may permit the filing of a statement that is not on form CR-135.(3) If the appellant does not serve and file a proposed statement within the time specified in (1), rule 8.874 applies. (Subd (b) amended effective March 1, 2014.)
(c)Contents of the proposed statement on appealA proposed statement prepared by the appellant must contain:
(1) A statement of the points the appellant is raising on appeal. The appeal is then limited to those points unless the appellate division determines that the record permits the full consideration of another point.(A) The statement must specify the intended grounds of appeal by clearly stating each point to be raised but need not identify each particular ruling or matter to be challenged.(B) If one of the grounds of appeal is insufficiency of the evidence, the statement must specify how it is insufficient.(2) A summary of the trial court's rulings and the sentence imposed on the defendant.(3) A condensed narrative of the oral proceedings that the appellant believes necessary for the appeal. (A) The condensed narrative must include a concise factual summary of the evidence and the testimony of each witness that is relevant to the points which the appellant states under (1) are being raised on appeal. Any evidence or portion of a proceeding not included will be presumed to support the judgment or order appealed from.(B) If one of the points which the appellant states under (1) is being raised on appeal is a challenge to the giving, refusal, or modification of a jury instruction, the condensed narrative must include any instructions submitted orally and not in writing and must identify the party that requested the instruction and any modification. (Subd (c) amended effective March 1, 2014; previously amended effective July 1, 2009.)
(d)Review of the appellant's proposed statement(1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.(2) No later than 10 days after either the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement. No hearing will be held unless ordered by the trial court judge, and the judge will not ordinarily order a hearing unless there is a factual dispute about a material aspect of the trial court proceedings.(3) Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions:(A) If the proposed statement does not contain material required under (c), the trial court judge may order the appellant to prepare a new proposed statement. The order must identify the additional material that must be included in the statement to comply with (c) and the date by which the new proposed statement must be served and filed. If the appellant does not serve and file a new proposed statement as directed, rule 8.874 applies.(B) If the trial court judge does not issue an order under (A), the trial court judge must either: (i) Make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the evidence and the testimony of each witness that is relevant to the points which the appellant states under (c)(1) are being raised on appeal; or(ii) Identify the necessary corrections and modifications and order the appellant to prepare a statement incorporating these corrections and modifications.(4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date. No later than 10 days after the hearing, the trial court judge must either: (A) Make any corrections or modifications to the statement necessary to ensure that it is an accurate summary of the evidence and the testimony of each witness that is relevant to the points which the appellant states under (c)(1) are being raised on appeal; or(B) Identify the necessary corrections and modifications and order the appellant to prepare a statement incorporating these corrections and modifications.(5) The trial court judge must not eliminate the appellant's specification of grounds of appeal from the proposed statement.(6) If the trial court proceedings were reported by a court reporter or officially electronically recorded under Government Code section 69957 and the trial court judge determines that it would save court time and resources, instead of correcting a proposed statement on appeal: (A) If the court has a local rule for the appellate division permitting the use of an official electronic recording as the record of the oral proceedings, the trial court judge may order that the original of an official electronic recording of the trial court proceedings, or a copy made by the court, be transmitted as the record of these oral proceedings without being transcribed. The court will pay for any copy of the official electronic recording ordered under this subdivision; or(B) If the court has a local rule permitting this, the trial court judge may order that a transcript be prepared as the record of the oral proceedings. The court will pay for any transcript ordered under this subdivision. (Subd (d) amended effective March 1, 2014.)
(e)Review of the corrected or modified statement(1) If the trial court judge makes any corrections or modifications to the proposed statement under (d), the clerk must serve copies of the corrected or modified statement on the parties. If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court. If the appellant does not serve and file a corrected or modified statement as directed, rule 8.874 applies.(2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.(3) Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties. The procedures in (d)(3) or (4) apply if the judge determines that further corrections or modifications are necessary to ensure that the statement is an accurate summary of the evidence and the testimony of each witness relevant to the points which the appellant states under (c)(1) are being raised on appeal. (Subd (e) amended effective March 1, 2014.)
(f)Certification of the statement on appealIf the trial court judge does not make or order any corrections or modifications to the proposed statement under (d)(3), (d)(4), or (e)(3) and does not order either the use of an official electronic recording or preparation of a transcript in lieu of correcting the proposed statement under (d)(6), the judge must promptly certify the statement.
(Subd (f) amended effective March 1, 2014.)
(g) Extensions of timeFor good cause, the trial court may grant an extension of not more than 15 days to do any act required or permitted under this rule.
Rule 8.869 amended effective 3/1/2014; adopted effective 1/1/2009; previously mended effective 7/1/2009.Advisory Committee Comment
Rules 8.806, 8.810, and 8.812 address applications for extensions of time and relief from default.
Subdivision (b)(2). Proposed Statement on Appeal (Misdemeanor) (form CR-135) is available at any courthouse or county law library or online at www.courts.ca.gov/forms.
Subdivision (d). Under rule 8.804, the term "judge" includes a commissioner or a temporary judge.
Subdivisions (d)(3)(B), (d)(4), and (f). The judge need not ensure that the statement as modified or corrected is complete, but only that it is an accurate summary of the evidence and testimony relevant to the issues identified by the appellant.