Preparing the Appellate Record in Los Angeles County

Written Materials and Oral Proceedings

The appellate record can include written trial-court materials and a record of relevant oral proceedings. Depending upon the case and authorized method, the written record may use a clerk's transcript or appendix, while oral proceedings may be presented through a reporter's transcript or another authorized form of record.

Clerk's and Reporter's Transcripts in Los Angeles County

Los Angeles Superior Court's Role

Los Angeles Superior Court maintains Civil Appeals operations that prepare and certify appellate records for appropriate matters proceeding to the Second District and the Superior Court Appellate Division.

This makes record preparation a continuing trial-court function even though the merits of a Court of Appeal matter will be decided by the Second District.

• Los Angeles Superior Court — Appellate Division and Appeals Division DirectorySuperior Court of California, County of Los Angeles lacourt.ca.gov

Second District Local Rule 3

For civil appeals to the Second District, Local Rule 3 supplements the statewide record-designation rules. The designation identifies each requested oral proceeding by date, department, reporter or electronic-recording monitor, and nature of the proceeding. Documents requested for a clerk's transcript are identified by title and filing date, and designated exhibits receive additional identifying information.

The Second District provides form 2DCA/APP-003 for record designation.

• Second Appellate District — Local Rules and OrdersCalifornia Court of Appeal, Second Appellate District appellate.courts.ca.gov
• Second Appellate District — FormsCalifornia Court of Appeal, Second Appellate District appellate.courts.ca.gov

Clerk's Transcript, Appendix, and Exhibits

A clerk's transcript is assembled from designated trial-court materials. An appendix is prepared by the parties under the applicable rules. An appendix does not eliminate the separate requirement to provide an adequate record of oral proceedings when those proceedings are necessary to the issues on appeal.

Exhibits also require attention: material used below does not necessarily appear in a clerk's transcript merely because it existed in the trial-court file.

Correcting or Augmenting the Record

Second District Local Rule 2 distinguishes between material that was already designated but inadvertently omitted and material a party seeks to add through augmentation. An omitted designated item is ordinarily addressed first through the Superior Court clerk; a request to add other proper trial-court material may require augmentation in the reviewing court.

Augmentation is not a mechanism for converting new evidence into evidence that was before the trial court.

• Second Appellate District — Local Rule 2California Court of Appeal, Second Appellate District appellate.courts.ca.gov

Record Preparation Should Track the Appellate Issues

The objective is not to create the largest possible record. It is to provide the reviewing court with the materials necessary to evaluate the issues actually presented.

• California Civil Appeals
• Appellate Strategy Before Judgment