No Party Can Appeal a Judgeã¢â‚¬â„¢s Ruling on a Pretrial Motion.ã¢â‚¬â€¹
2022 California Rules of Courtroom
Dominion eight.867. Limited normal record in certain appeals
(a) Awarding and additions
This dominion establishes a limited normal record for certain appeals. This rule does non alter the parties' correct to request that exhibits exist transmitted to the reviewing court under dominion 8.870 nor preclude either an application in the superior court under (eastward) for additions to the limited normal record or a motility in the reviewing courtroom for augmentation under rule 8.841.
(Subd (a) adopted effective March ane, 2014.)
(b) Pretrial appeals of rulings on motions under Penal Lawmaking section 1538.five
If earlier trial either the accused or the People appeal a ruling on a movement under Penal Code department 1538.5 for the return of property or the suppression of evidence, the normal record is composed of:
(1)Tape 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 subpoena;
(B) The motion under Penal Code department 1538.5, with supporting and opposing memoranda, and attachments;
(C) The order on the movement under Penal Code section 1538.5;
(D) Whatsoever court minutes relating to the gild; and
(E) The detect of appeal.
(2)Record of the oral proceedings in the trial court
If an appellant wants to raise any effect that requires consideration of the oral proceedings in the trial courtroom, a reporter'due south transcript, a transcript prepared under dominion 8.868, an official electronic recording under dominion 8.868, or a statement on entreatment nether rule eight.869 summarizing any oral proceedings incident to the order on the motility under Penal Code section 1538.5.
(Subd (b) adopted effective March 1, 2014.)
(c) Appeals from judgments on demurrers or sure appealable orders
If the People appeal from a judgment on a demurrer to the complaint, including any notice to announced, or if the accused or the People entreatment from an appealable order other than a ruling on a movement for new trial or a ruling covered by (a), the normal record is equanimous of:
(1)Record of the documents filed in the trial court
A clerk'south transcript or original trial court file containing:
(A) The complaint, including any notice to appear, and any subpoena;
(B) Any demurrer or other plea;
(C) Any move or notice of motion granted or denied by the society appealed from, with supporting and opposing memoranda and attachments;
(D) The judgment or order appealed from and whatever abstract of judgment or commitment;
(E) Whatever court minutes relating to the judgment or order appealed from and:
(i) If at that place was a trial in the example, whatever court minutes of proceedings at the time the original verdict is rendered and whatever subsequent proceedings; or
(two) If the original judgment of confidence is based on a guilty plea or nolo contendere plea, whatever court minutes of the proceedings at the time of entry of such plea and whatever subsequent proceedings;
(F) The notice of appeal; and
(One thousand) If the appellant is the defendant, all probation officeholder reports.
(2)Tape of the oral proceedings in the trial court
If an appellant wants to raise any issue which requires consideration of the oral proceedings in the trial courtroom:
(A) A reporter's transcript, a transcript prepared under rule 8.868, an official electronic recording under dominion eight.868, or a statement on entreatment under rule 8.869 summarizing any oral proceedings incident to the judgment or order being appealed.
(B) If the appeal is from an lodge after judgment, a reporter'south transcript, a transcript prepared under rule eight.868, an official electronic recording under rule 8.868, or a statement on entreatment under rule eight.869 summarizing whatever 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 fourth dimension of entry of such plea.
(Subd (c) amended and lettered effective March 1, 2014; adopted every bit unlettered subd.)
(d) Appeals of the weather of probation
If a defendant's appeal of the judgment contests only the conditions of probation, the normal record is composed of:
(i)Record of the documents filed in the trial courtroom
A clerk's transcript or original trial courtroom file containing:
(A) The complaint, including whatever notice to appear, and any subpoena;
(B) The judgment or order appealed from and any abstract of judgment or commitment;
(C) Any court minutes relating to the judgment or social club appealed from and:
(i) If at that place was a trial in the example, any court minutes of proceedings at the time the original verdict is rendered and any subsequent proceedings; or
(ii) If the original judgment of conviction is based on a guilty plea or nolo contendere plea, whatever court minutes of the proceedings at the time of entry of such plea and whatever subsequent proceedings;
(D) The observe of entreatment; and
(E) All probation officer reports.
(ii)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 courtroom, a reporter's transcript, a transcript prepared under rule viii.868, an official electronic recording under rule 8.868, or a statement on appeal nether dominion 8.869 summarizing any oral proceedings from:
(A) The sentencing proceeding; and
(B) If the judgment of confidence is based on a guilty plea or nolo contendere plea, the proceedings at the time of entry of such plea.
(Subd (d) adopted effective March 1, 2014.)
(e) Additions to the record
Either the People or the defendant may apply to the superior court for inclusion in the record under (b), (c), or (d) of any item that would normally exist included in the clerk's transcript nether dominion eight.861 or a reporter's transcript under rule 8.865.
(1) An application for additional tape must draw the material to be included and explain how information technology may be useful in the appeal.
(ii) The application must exist filed in the superior court with the notice of entreatment or as soon thereafter as possible, and will exist treated as denied if it is filed after the record is sent to the reviewing court.
(3) The clerk must immediately present the application to the trial guess.
(four) Within v days after the application is filed, the judge must order that the tape include equally much of the boosted material every bit the judge finds proper to fully present the points raised by the applicant. Denial of the application does non preclude a motion in the reviewing court for augmentation under rule 8.841.
(5) If the guess does not rule on the application within the time prescribed past (4), the requested textile-other than exhibits-must be included in the clerk'due south transcript or the reporter'southward transcript without a court order.
(6) The clerk must immediately notify the reporter if additions to the reporter's transcript are required nether (4) or (5).
(Subd (e) adopted effective March 1, 2014.)
Rule eight.867 amended effective March 1, 2014; adopted effective January ane, 2009; previously amended effective January ane, 2013.
Subdivisions (b)(1)(D), (c)(one)(E), and (d)(ane)(C). These provisions identify the minutes that must be included in the tape. The trial court clerk may include additional minutes across those identified in these subdivisions if that would be more than cost-effective.
Subdivisions (c)(1)(One thousand) and (d)(i)(Eastward). Rule 8.862(c) addresses the appropriate handling of probation officers' reports that must exist included in the clerk's transcript.
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Source: https://www.courts.ca.gov/cms/rules/index.cfm?title=eight&linkid=rule8_867
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