Record of oral proceedings

A reporter's transcript is a word-for-word typed record of everything that was said in court during the trial or hearing.

A reporter's transcript is only available if a court reporter was present during the trial court proceedings and made a record of what was said in those proceedings. Not all trial court hearings or trials have a court reporter, so you may not be able get a reporter's transcript and may need to use one of the other acceptable ways to provide the record of oral proceedings.

In most civil cases, a court reporter will only have been there if you or one of the other parties arranged to have the court reporter there. You should ask the superior court clerk if there was a court reporter in your case before you choose this option.

If the reporter's transcript is available

Consider asking for (designating) a reporter's transcript of what was said at the trial or hearing that relates to the issues you want to raise on appeal.

• For limited civil cases (civil cases involving an amount that is $35,000 or less), the appellant can use Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to designate the proceedings they want to be included in the reporter'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).

If the respondent wants, they can also choose additional proceedings to include in the record. Within 10 days after the appellant has served their notice designating the record, the respondent may serve and file a notice in the superior court designating any additional proceedings the respondent wants included in the reporter'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 court reporter will prepare the 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 preparing and getting a copy of a reporter's transcript. The appellant must pay for the costs of preparing the original reporter's transcript and sending it to the appellate court and the cost of the appellant's copy of the reporter's transcript. If the respondent wants a copy of the reporter's transcript, the respondent must pay for their copy.

• In a limited civil case, the court or the reporter gives the appellant who designated the reporter’s transcript and any respondent who requested a copy of the transcript an estimate of the cost of the transcript. The parties must deposit this amount or one of the substitutes that is allowed with the superior court within 10 days after the estimate is sent (see rule 8.834 for the substitutes for depositing the estimated cost).
• In an unlimited civil case, this deposit must be made when the party files their designation. The party can either get an estimate from the reporter or estimate the cost as provided in rule 8.130 of the California Rules of Court. If a party chooses to deposit the estimated cost of the transcript with the court, the party must also pay the court a fee of $50. The fees for the reporter's transcripts are not court costs or fees, the court cannot waive them. However, if you are low-income and cannot afford the fees, some financial assistance may be available from the Court Reporters Board through the Transcript Reimbursement Fund. If you cannot pay for a reporter's transcript, you can prepare a record of the oral proceedings in other ways.

In an unlimited civil case, if the respondent does not wish to pay for their own copy of the reporter's transcript, they may borrow the appellant's copy after notifying the appellant no more than 20 days after the record is filed in the Court of Appeal. The record is lent to the respondent when the appellant's opening brief is served and is returned to the appellant when the respondent's brief is served.

Read rule 8.834 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on using a reporter's transcript for an appeal in the superior court's appellate division.

Read rule 8.130 of the California Rules of Court and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information on using a reporter's transcript for a proceeding 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 a 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 how to prepare an agreed statement in the Court of Appeal (for unlimited civil cases).

A "statement on appeal" (the name used in limited civil cases) or "settled statement" (the name used in unlimited civil cases) is a summary of the trial court proceedings that is approved by the trial court judge who conducted the proceedings.

In limited civil cases, a statement on appeal can be used for the record of oral proceedings (what was said in the trial court) if the appellant chooses this option. This option is often used when the trial court proceedings were not recorded by either a court reporter or official electronic recording equipment.

In unlimited civil cases, the appellant can choose to use a settled statement as the oral proceedings, but if the trial court proceedings were not recorded by a court reporter or the appellant has a fee waiver. If you want to use the settled statement for other reasons, you must get the trial court's permission. You can use Appellant's Motion to Use Settlement Statement (Unlimited Civil Case) (form APP-025) to make the request.

In unlimited civil cases, if a court reporter recorded the trial court proceedings, the respondent can choose to use a reporter’s transcript instead of a settled statement. The respondent is then responsible for the cost of the reporter’s transcript.

Read California Rule of Court 8.837 and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on how to prepare a statement on appeal for limited civil cases.

Read California Rule of Court 8.137 and Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) for more information on settled statements and how to prepare one in unlimited civil cases.

In some limited civil cases, the trial court proceedings may have been officially recorded on approved electronic recording equipment (this option is not available in unlimited civil cases). In these limited civil cases, you can choose to have a transcript prepared from the official electronic recording of these proceedings, or if the local rules allow this and all the parties agree, you can use the electronic recording itself.

There is a fee for preparing a transcript from an official electronic recording.

Read rules 2.952 and 8.835 of the California Rules of Court and Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) for more information on official electronic recordings and transcripts of these recordings.