What should be included in the record on appeal?
Rule 8.320 (adult) and Rule 8.407 (juvenile) describe what should be provided by the Superior Court as part of the normal record on appeal. Additionally, Local Rule 1 describes additional materials considered part of the normal record in the Second District.
Pursuant to Local Rule 2, appellant should file a record correction letter immediately and any motion to augment within 30 days of the filing of the record or appointment of counsel. A timely filed record correction letter stays the briefing. A proposed order describing the materials to be added to the record must be provided to the Court of Appeal with the motion to augment.
Marsden hearing transcripts for Ventura, Santa Barbara and San Luis Obispo (tri-county) cases
For tri-county cases, the superior court should be sending Marsden hearing transcripts to appointed counsel in all cases. If they did not, counsel should call the appeals clerk of the proper county:
- Ventura: (805) 289-8527
- Santa Barbara: (805) 882-4534
- San Luis Obispo: (805) 706-3609
The Superior Court should then email it to counsel. If they will not send the transcript, appointed counsel should email or call Patricia Silva, the Assistant Clerk/Executive Officer, patricia.silva@jud.ca.gov (805) 641-4700 for assistance.
Samples & Resources
- Sample Rule 8.340 Letter
- Sample Motion to Augment with Request for Extension of Time
- Augment Proposed Order
Mailing Addresses for Record Omission (8.340) Letters
2DCA Stays & Extensions Guide for Record Omissions