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 (RTs) 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 |