Title
Rules and Forms | Appellate Procedure: Clarify Rule Requiring Notice of Failure to Procure the Record (Action Required)
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Summary
The Appellate Advisory Committee recommends amending rule 8.140 of the California Rules of Court. Under subdivision (a) of the rule, the superior court must notify a litigant that they have failed to timely do an act required to procure the record for the appeal of a civil case. The committee recommends adding an advisory committee comment providing examples of acts required to procure the record. This proposal was prompted by a suggestion from the chair of a county bar association’s appellate law section.
Recommendation
The Appellate Advisory Committee recommends that the Judicial Council, effective January 1, 2027, amend California Rules of Court, rule 8.140, to add an advisory committee comment providing examples of acts required to procure the record.