Record of the documents

A clerk's transcript is a record of the documents in the superior court file — the papers that were filed, the orders that were made — that is prepared by the superior court clerk.

There are some documents, such as the notice of appeal and the judgment or order being appealed, that must be included in the clerk's transcript. See rule 8.832(a) of the California Rules of Court for the documents that must be included in the record on appeal in limited civil cases (civil cases involving an amount that is $35,000 or less) and rule 8.122(b) for the documents that must be included in appeals in unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases).  Other documents that are in the superior court file will only be included in the clerk's transcript if the parties designate them.

• For limited civil cases (civil cases involving an amount that is $35,000 or less), the appellant can use Appellant's Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to designate the documents to be included in the clerk's transcript.
• For unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases), the appellant can use Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-003).

Exhibits, such as photographs or documents that were admitted into evidence, refused, or lodged (temporarily placed with the court) during the trial, are considered part of the record on appeal. But the clerk's transcript will not include any exhibits unless you ask to include them in your notice designating the record on appeal. The forms for designating the record on appeal include a space for you to ask the clerk to include the exhibits in the clerk's transcript.

If the appellant has chosen to use a clerk's transcript as the record of the documents filed in the trial court, within 10 days after the appellant has filed the notice designating the record, the respondent may serve and file a notice in the superior court designating any additional documents the respondent wants included in the clerk's transcript.

• In limited civil cases (civil cases involving an amount that is $35,000 or less), the respondent can use Respondent's Notice Designating Record on Appeal–Limited Civil Case (form APP-110).
• In unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases), the respondent can use Respondent's Notice Designating Record on Appeal–Unlimited Civil Case (form APP-010).

The superior court clerk will prepare the clerk's transcript based on what the appellant and respondent list in their notices designating the record on appeal.

In most civil appeals, there is a fee for the clerk's transcript. The appellant must pay for the costs of putting together the clerk's transcript. The superior court clerk will send the appellate a bill for the cost of preparing an original clerk's transcript for the appellate court and a copy for the appellant. The respondent does not automatically get a copy of a clerk's transcript. The superior court clerk will send the respondent a notice of the cost of a copy of the clerk's transcript. If the respondent wants a copy of the transcript, this amount must be deposited with the court. If you already have a fee waiver, you will not have to pay for the clerk's transcript. If you do not have enough money to pay for the clerk's transcript, you can apply for a fee waiver to try to get these fees waived.

Read rule 8.832 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on using the clerk's transcript in the superior court's appellate division (for limited civil cases).

Read rule 8.122 of the California Rules of Court and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information on using the clerk's transcript in the Court of Appeal (for unlimited civil cases).

An appendix is a record of the documents in the superior court file — the papers that were filed, the orders that were made — that is prepared by the parties.

The major difference between a clerk's transcript and an appendix is that the clerk's transcript is prepared by the superior court clerk and the appendix is prepared either by the appellant or jointly by stipulation. If the parties are not preparing a joint appendix, the respondent may prepare their own separate appendix to include documents not included in the appellant’s appendix.

There are some documents, such as the notice of appeal and the judgment or order being appealed, that must be included in the appendix. See rule 8.845(a) of the California Rules of Court for the documents that must be included in an appendix in limited civil cases (civil cases involving an amount that is $35,000 or less) and rule 8.124(b) for the documents that must be included in an appendix in unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases).  Other documents that are in the superior court file will only be included in the appendix if the parties choose to include them.

• For limited civil cases (civil cases involving an amount that is $35,000 or less), the appellant can use Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to designate an appendix.
• For unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases), the appellant can use Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-003) to designate an appendix.

Exhibits, such as photographs or documents that were admitted into evidence, refused, or lodged (temporarily placed with the court) during the trial, are considered part of the record on appeal. You can choose to include exhibits in the appendix.

The parties may prepare separate appendixes or agree (stipulate) to a joint appendix. If the parties prepare separate appendixes, each party is responsible for the cost of its own appendix. If a joint appendix is prepared, the parties can agree on how the cost will be paid or the appellant will pay the cost.

Read rule 8.845 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information and instructions on preparing an appendix in the superior court's appellate division.

Read rule 8.124 of the California Rules of Court and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information and instructions on preparing an appendix in the Court of Appeal (for unlimited civil cases).

The trial court's original file may be used instead of the clerk's transcript if the local rules for your appellate court allow it. You need to look at the rules for the appellate division of your superior court if you are appealing in a limited civil case or at the Court of Appeal's rules for your district if you are appealing in an unlimited civil case. If your case is in the Court of Appeal, you also need a stipulation (agreement) with the other party agreeing to use the trial court's file.

The appellant will have to pay for the cost of preparing the trial court file, unless the appellant asks for, and gets, a fee waiver from the court.

Read rule 8.863 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on using the original trial court's file instead of a clerk's transcript in the superior court's appellate division.

Read rule 8.128 of the California Rules of Court and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information on using the trial court's file instead of a clerk's transcript in the Court of Appeal (for unlimited civil cases).

An agreed statement is a summary of the trial court proceedings that all the parties have agreed to. An agreed statement can be used instead of a clerk's transcript for a record of documents in the trial court proceedings if it includes copies of the documents that must be in a clerk's transcript. It can also be used for the record of oral proceedings in the trial court (instead of the reporter's transcript).

Read rule 8.836 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on how to prepare an agreed statement in the superior court's appellate division (for limited civil cases).

Read rule 8.134 of the California Rules of Court and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information on using the trial court's file instead of a clerk's transcript in the Court of Appeal (for unlimited civil cases).