(a) Application
This rule governs appeals from orders of the juvenile court granting a motion to transfer a minor from juvenile court to a court of criminal jurisdiction.
(b) Form of record
(1) The clerk's and reporter's transcripts must comply with rules 8.45-8.47, relating to sealed and confidential records, and, except as provided in (2), with rule 8.144.
(2) The cover of the record must prominently display the title "Appeal from Order Transferring a Minor from Juvenile Court to a Court of Criminal Jurisdiction Under Welfare and Institutions Code Section 801."
(c) Record on appeal
(1) In addition to the items listed in rule 8.407(a), the clerk's transcript must contain:
(A) Any report by the probation officer on the behavioral patterns and social history of the minor, including any oral or written statement offered by the victim under Welfare and Institutions Code section 656.2;
(B) Any other probation report or document filed with the court on the petition under Welfare and Institutions Code section 602; and
(C) Any document in written or electronic form submitted to the court in connection with the prima facie showing under rule 5.766(c) or the motion to transfer jurisdiction.
(2) In addition to the items listed in rule 8.407(b), any reporter's transcript must contain the oral proceedings at any hearings on the prima facie showing under rule 5.766(c) and the motion to transfer jurisdiction.
(d) Preparing, certifying, and sending the record
(1) Within 20 court days after the notice of appeal is filed:
(A) The clerk must prepare and certify as correct an original of the clerk's transcript and one copy each for the appellant, the respondent, and the district appellate project; and
(B) The reporter must prepare, certify as correct, and deliver to the clerk an original of the reporter's transcript and the same number of copies as (A) requires of the clerk's transcript.
(2) When the clerk's and reporter's transcripts are certified as correct, the clerk must immediately send:
(A) The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original; and
(B) One copy of each transcript to the district appellate project and to the appellate counsel for the following, if they have appellate counsel, by any method as fast as United States Postal Service express mail:
(i) The appellant; and
(ii) The respondent.
(3) If appellate counsel has not yet been retained or appointed for the minor, when the transcripts are certified as correct, the clerk must send that counsel's copies of the transcripts to the district appellate project.
(e) Augmenting or correcting the record
(1) Except as provided in (2) and (3), rule 8.410 governs any augmentation or correction of the record.
(2) An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record. A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.
(3) The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.
(4) The clerk must certify and send any supplemental transcripts as required by (d).
(f) Time to file briefs
(1) The appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.
(2) Rule 8.412(b) governs the time for filing other briefs.
(g) Extensions of time
The superior court may not order any extensions of time to prepare the record or to file briefs; the reviewing court may order extensions of time but must require an exceptional showing of good cause.
(h) Failure to file a brief
Rule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.
(i) Oral argument and submission of the cause
(1) Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver.
(2) The court must hear oral argument within 60 days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.
(3) If counsel waive argument, the cause is deemed submitted no later than 60 days after the appellant's reply brief is filed or due to be filed.
Rule 8.417 adopted effective January 1, 2023.
Advisory Committee Comment
Subdivision (d). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.
Subdivision (d). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.