(a) Clerks' duties.
(1) To assist the Court of Appeal in determining whether to order transfer, the superior court clerk must send the record specified in (b) to the Court of Appeal within five days after:
(A) The appellate division certifies a case for transfer under rule 8.1005;
(B) The superior court clerk sends a copy of an appellate division opinion certified for publication to the Court of Appeal under rule 8.887;
(C) The superior court clerk receives a copy of a petition for transfer under rule 8.1006; or
(D) The superior court receives a request for the record from the Court of Appeal.
(2) The clerk/executive officer of the Court of Appeal must promptly notify the parties when the clerk files the record.
(Subd (a) amended effective January 1, 2018; adopted as subd (b); previously amended effective January 1, 2007, and July 1, 2009; previously amended and relettered effective January 1, 2011.)
The record sent to the Court of Appeal under (a) must contain:
(1) The original record on appeal prepared under rules 8.830-8.843, 8.860-8.873, or 8.910-8.923;
(2) Any briefs filed in the appellate division;
(3) The decision of the appellate division; and
(4) Any application for certification for transfer, any answer to that application, and the appellate division's order on the application.
(Subd (b) amended and relettered effective January 1, 2011; adopted as subd (a); previously amended effective January 1, 2007, and July 1, 2009.)
Rule 8.1007 amended effective January 1, 2018; repealed and adopted as rule 65 effective January 1, 2003; previously amended and renumbered as rule 8.1010 effective January 1, 2007; previously amended effective July 1, 2009; previously amended and renumbered effective January 1, 2011.
Advisory Committee Comment
Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.