As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement. The application must explain why the oral proceedings cannot be transcribed.
(b) Order and proposed statement.
The judge must rule on the application within five days after it is filed. If the judge grants the application, the parties must comply with the relevant provisions of rule 8.137, but the applicant must deliver a proposed statement to the judge for settlement within 30 days after it is ordered, unless the reviewing court extends the time.
(Subd (b) amended effective January 1, 2007.)
(c) Serving and filing the settled statement.
The applicant must prepare, serve, and file in superior court an original and, if the statement is filed in paper form, three copies of the settled statement.
(Subd (c) amended effective January 1, 2016.)
Rule 8.346 amended effective January 1, 2016; adopted as rule 32.3 effective January 1, 2004; previously amended and renumbered as rule 8.346 effective January 1, 2007.