Rule 10.1028. Preservation and destruction of Court of Appeal records

(a) Form or forms in which records may be preserved.

(1)  Court of Appeal records may be created, maintained, and preserved in any form or forms of communication or representation, including paper or optical, electronic, magnetic, micrographic, or photographic media or other technology, if the form or forms of representation or communication satisfy the standards or guidelines for the creation, maintenance, reproduction, and preservation of court records established under rule 10.854.

(2)  If records are preserved in a medium other than paper, the following provisions of Government Code section 68150 apply: subdivisions (c)-(l), excluding subdivision (i)(1).

(Subd (a) amended effective January 1, 2013.)

(b) Methods for signing, subscribing, or verifying documents.

Any notice, order, ruling, decision, opinion, memorandum, certificate of service, or similar document issued by an appellate court or by a judicial officer of an appellate court may be signed, subscribed, or verified using a computer or other technology in accordance with procedures, standards, and guidelines established by the Judicial Council. Notwithstanding any other provision of law, all notices, orders, rulings, decisions, opinions, memoranda, certificates of service, or similar documents that are signed, subscribed, or verified by computer or other technological means under this subdivision shall have the same validity, and the same legal force and effect, as paper documents signed, subscribed, or verified by an appellate court or a judicial officer of the court.

(Subd (b) adopted effective January 1, 2013.)

(c) Permanent records.

The clerk/executive officer of the Court of Appeal must permanently keep the court's minutes and a register of appeals and original proceedings.

(Subd (c) amended effective January 1, 2018; adopted as subd (b); previously relettered effective January 1, 2013.)

(d) Time to keep other records.

(1)  Except as provided in (2), the clerk/executive officer may destroy all other records in a case 10 years after the decision becomes final, as ordered by the administrative presiding justice or, in a court with only one division, by the presiding justice.

(2)  In a criminal case in which the court affirms a judgment of conviction, the clerk/executive officer must keep the original reporter's transcript or a true and correct electronic copy of the transcript for 20 years after the decision becomes final.

(Subd (d) amended effective January 1, 2018; adopted as subd (c); previously relettered as subd (d) effective January 1, 2013; previously amended effective January 1, 2017.)

Rule 10.1028 amended effective January 1, 2018; adopted as rule 70 effective January 1, 2005; previously renumbered effective January 1, 2007; previously amended effective January 1, 2013, and January 1, 2017.

Advisory Committee Comment

Subdivision (d)..Subdivision (d) permits the Court of Appeal to keep an electronic copy of the reporter's transcript in lieu of keeping the original. Although subdivision (a) allows the Court of Appeal to maintain its records in any format that satisfies the otherwise applicable standards for maintenance of court records, including electronic formats, the original of a reporter's transcript is required to be on paper under Code of Civil Procedure section 271(a). Subdivision (d) therefore specifies that an electronic copy may be kept, to clarify that the paper original need not be kept by the court.

Rules that reference this rule: N/A