Rule 8.324 - Application in superior court for addition to normal record(a) Appeal by the PeopleThe People, as appellant, may apply to the superior court for inclusion in the record of any item that would be part of the normal record in a defendant's appeal.
(b) Application by either partyEither the People or the defendant may apply to the superior court for inclusion in the record of any of the following items:
(1) In the clerk's transcript: any written defense motion granted in whole or in part or any written motion by the People, with supporting and opposing memoranda and attachments;(2) In the reporter's transcript: (A) The voir dire examination of jurors;(B) Any opening statement; and(C) The oral proceedings on motions other than those listed in rule 8.320(c). (Subd (b) amended effective January 1, 2007.)(c)Application(1) An application for additional record must describe the material to be included and explain how it may be useful in the appeal.(2) The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.(3) The clerk must immediately present the application to the trial judge.(d)Order(1) Within five days after the application is filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant. Denial of the application does not preclude a motion in the reviewing court for augmentation under rule 8.155.(2) If the judge does not rule on the application within the time prescribed by (1), the requested material-other than exhibits-must be included in the clerk's transcript or the reporter's transcript without a court order.(3) The clerk must immediately notify the reporter if additions to the reporter's transcript are required under (1) or (2). (Subd (d) amended effective January 1, 2007.)
Rule 8.324 amended and renumbered effective 1/1/2007; adopted as rule 31.1 effective 1/1/2004.Advisory Committee Comment
Rules 8.45-8.46 address the appropriate handling of sealed and confidential records that must be included in the record on appeal. Examples of confidential records include Penal Code section 1203.03 diagnostic reports, records closed to inspection by court order under People v. Marsden (1970) 2 Cal.3d 118 or Pitchess v. Superior Court (1974) 11 Cal.3d 531, in-camera proceedings on a confidential informant, and defense expert funding requests (Pen. Code, § 987.9; Keenan v. Superior Court (1982) 31 Cal.3d 424, 430).
Subdivision (d)(1)(E). This rule identifies the minutes that must be included in the record. The trial court clerk may include additional minutes beyond those identified in this rule if that would be more cost-effective.