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Electronic Transcripts - The Basics

Effective January 1, 2018, a new statute, an amended rule of Court, and a new First District Miscellaneous Order open the door to electronic reporters’ transcripts (Rimage linking to FAQsTs) in some court-appointed appeals. The statute makes the default form of RTs electronic instead of paper. (Code Civ. Pro. § 271(a).) The miscellaneous order, however, invokes an exception provided for in the statute (§ 271(a)(1)), deeming defendants in felony appeals to have requested paper copies. (Misc Order 2017-01, subd. (a).) Both the statute and the order include other exceptions, including if the court reporter or the Court does not have the capacity to comply (§ 271(a)(2)-(3)).

In sum, in First District cases, the following apply:

Felony Appeals – Defendant’s Copy

a paper copy is to be delivered to defendant’s appellate counsel, unless counsel requests an electronic copy

Felony Appeals – Copies for Parties/Entities Other than Defendant (e.g. Attorney General):

an electronic copy is to be delivered to counsel, unless counsel requests a paper copy

All Other Indigent Appeals (e.g. dependency and delinquency)

an electronic copy is to be delivered to appellate counsel, unless counsel requests a paper copy

Reporter does not have the technology to deliver electronic transcripts or the Court does not have the technology to receive the electronic transcript

the transcript will be delivered in paper format

The Clerk's Transcripts

the changes do not apply to the Clerk's Transcripts, which should still be delivered in paper format

 

 

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