(a).The provisions of this rule must be applied in a manner consistent with Code of Civil Procedure section 271..
(Subd (a) adopted effective January 1, 2018.)
(1) Application to electronic and paper clerks' and reporters' transcripts
The requirements for clerks' and reporters' transcripts in this subdivision apply to clerks' and reporters' transcripts delivered in electronic form and in paper form.
In the clerk's and reporter's transcripts:
(A) All documents filed must have a page size of 81/2 by 11 inches;
(B) The text must be reproduced as legibly as printed matter;
(C) The contents must be arranged chronologically;
(D) The pages must be consecutively numbered, except as provided in (f), beginning with volume one's cover as page 1 and continuing throughout the transcript, including the indexes, certificates, and cover pages for subsequent volumes, and using only Arabic numerals (i.e., 1, 2, 3); and
(E) The margin must be at least 11/4 inches from the left edge.
(3) Line numbering
In the reporter's transcript the lines on each page must be consecutively numbered and must be double-spaced or one-and-a-half-spaced; double-spaced means three lines to a vertical inch.
(4) Sealed and confidential records
The clerk's and reporter's transcripts must comply with rules 8.45-8.47 relating to sealed and confidential records.
Except as provided in rule 8.45:
(A) The clerk's transcript must contain, at the beginning of the first volume, alphabetical and chronological indexes listing each document and the volume, where applicable, and page where it first appears;
(B) The reporter's transcript must contain:
(i) Alphabetical and chronological indexes listing the volume, where applicable, and page where each witness's direct, cross, and any other examination begins; and
(ii) An index listing the volume, where applicable, and page where any exhibit is marked for identification and where it is admitted or refused. The index must identify each exhibit by number or letter and a brief description of the exhibit.
(C) Each index prepared under this paragraph must begin on a separate page.
Clerks' and reporters' transcripts must be produced in volumes of no more than 300 pages.
(A) The cover of each volume of the clerk's and reporter's transcripts must state the title and trial court number of the case, the names of the trial court and each participating trial judge, the names and addresses of appellate counsel for each party, the volume number, the total number of volumes in the transcript, and the inclusive page numbers of that volume.
(B) In reporters' transcripts, in addition to the information required by (A), the cover of each volume must state the dates of the proceedings reported in that volume.
(Subd (b) amended and relettered effective January 1, 2018; adopted as subd (a); previously amended effective January 1, 2007, January 1, 2014, January 1, 2016, and January 1, 2017.)
(c) Additional requirements for record in paper form.
In addition to complying with (b), if the clerk's or reporter's transcript is filed in paper form:
(1) The paper must be white or unbleached and of at least 20-pound weight;
(2) In the clerk's transcript only one side of the paper may be used; in the reporter's transcript both sides may be used, but the margins must then be 11/4 inches on each edge; and
(3) Clerks' and reporters' transcripts must be bound on the left margin.
(Subd (c) adopted effective January 1, 2018.)
(d) Additional requirements for reporter's transcript delivered in electronic form.
In addition to complying with (b), a reporter's transcript delivered in electronic format must:
(A) Be generated electronically; it must not be created from a scanned document unless ordered by the court.
(B) Be in full text-searchable PDF (portable document format) or other searchable format approved by the court.
(C) Ensure that the electronic page counter in the PDF file viewer matches the transcript page numbering.
(D) Include an electronic bookmark to each heading and subheading; all sessions or hearings (date lines); all witness examinations where each witness's direct, cross, and any other examination begins; all indexes; and all exhibits where any exhibit is marked for identification and where it is admitted or refused. All bookmarks, when clicked, must retain the user's currently selected zoom settings.
(E) Be digitally and electronically signed by the court reporter, unless the court reporter lacks the technical ability to provide a digital signature, in which case only an electronic signature is required.
(F) Permit users to copy and paste, keeping the original formatting, but with headers, footers, line numbers, and page numbers excluded.
(G) Permit courts to electronically add filed/received stamps.
(2) Multivolume or multireporter transcripts
In addition to the requirements in (1), for multivolume or multireporter transcripts delivered in electronic format, each individual reporter must provide a digitally and electronically signed certificate with his or her respective portion of the transcript. If the court reporter lacks the technical ability to provide a digital signature, then only an electronic signature is required.
(3) Additional functionality or enhancements
Nothing in this rule prohibits courts from accepting additional functionality or enhancements in reporters' transcripts delivered in electronic form.
(Subd (d) adopted effective January 1, 2018.)
(e) Daily transcripts.
Daily or other certified transcripts may be used for all or part of the reporter's transcript, but the pages must be renumbered consecutively and the required indexes and covers must be added.
(f) Pagination in multiple reporter cases.
(1) In a multiple reporter case, each reporter must estimate the number of pages in each segment reported and inform the designated primary reporter of the estimate. The primary reporter must then assign beginning and ending page numbers for each segment.
(2) If a segment exceeds the assigned number of pages, the reporter must number the additional pages with the ending page number, a hyphen, and a new number, starting with 1 and continuing consecutively.
(3) If a segment has fewer than the assigned number of pages, on the last page of the segment, before the certificate page, the reporter must state in parentheses "(next volume and page number is ____)," and on the certificate page, the reporter must add a hyphen to the last page number used, followed by the segment's assigned ending page number.
(Subd (f) amended and relettered effective January 1, 2018; adopted as subd (e).)
(g) Agreed or settled statements.
Agreed or settled statements must conform with this rule insofar as practicable.
(Subd (g) relettered effective January 1, 2018; adopted as subd (f).)
Rule 8.144 amended effective January 1, 2018; repealed and adopted as rule 9 effective January 1, 2002; previously amended and renumbered as rule 8.144 effective January 1, 2007; previously amended effective January 1, 2008, January 1, 2014, January 1, 2016, and January 1, 2017.
Advisory Committee Comment
Subdivision (b)..Paragraph (1) of subdivision (b) clarifies that the format requirements for reporters' transcripts, including the requirements for indexes, volumes, and covers, that previously applied to transcripts delivered in paper form now apply to transcripts delivered in both paper and electronic form.
Paragraphs (4) and (5) of subdivision (b) refer to special requirements concerning sealed and confidential records established by rules 8.45-8.47. Rule 8.45(c)(2) and (3) establishes special requirements regarding references to sealed and confidential records in the alphabetical and chronological indexes to clerks' and reporters' transcripts.