Unlimited Civil Appeal Transcripts - Superior Court of California ...

Unlimited Civil Appeal TranscriptsFAQs – FOR OFFICIAL REPORTERS PRO TEMPORE1. How will I be notified if an appellant requests a transcript to beused as the record of oral proceedings in an unlimited civilappeal?The appellant will, per California Rules of Court, (CRC) rule 8.121 file a notice ofdesignation with the Los Angeles Superior Court, LASC Civil Appeals unit, and serve youwith a copy. The notice of designation should state your name and the dates ofproceedings to be included in the appeal transcript. The respondent may also file anotice of designation indicating additional proceeding dates they want included in thetranscript per CRC Rule 8.130(a)(3).Upon verification that the parties have either deposited the funds for the transcript withthe court, filed a “Court Reporter Waiver of Deposit,” or filed a copy of anapplication to the Transcript Reimbursement Fund, the LASC Civil Appeals unit willprepare and mail to your address on file a “Notice to Reporter to Prepare Transcripton Appeal” with the designation attached.2. My address has changed, whom do I need to notify?You should provide notice in writing to the parties paying for a transcript, and the LASCCivil Appeals unit located at the Stanley Mosk Courthouse, 111 North Hill Street, Room111-A, Los Angeles, California, 90012. You may e-mail this information to the LASCCivil Appeals unit at civilappeals@lasuperiorcourt.org.If the party deposited funds with the court for the transcript, you must also complete a“Payee Data Record Form” and submit it to the LASC Civil Appeals unit to updateyour vendor address information in the court’s payment system. Without thisinformation the court will not be able to send you payment for the transcripts.3. How will I be paid for the appeal transcript?The appellant (or any party who wants a transcript) may, on the day their notice ofdesignation is filed, choose one of the following options:A. The parties may contact you directly for an estimate and pay you directly. Youshould complete and provide to them a “Court Reporter Waiver of Deposit forTranscript on Appeal” form which they must file with the court. Upon receipt, thecourt will send you a “Notice to Reporter to Prepare Transcript on Appeal.”B. The parties may apply to the Court Reporters Board for payment or reimbursementfrom the Transcript Reimbursement Fund. If approved, the Board will notify theapplicant and he or she must file notice with the court stating the sum ofreimbursement paid per Business and Professions Code section 8030.6. Uponreceipt, the court will send you a “Notice to Reporter to Prepare Transcript onAppeal.” Upon completion of the transcript(s), you may seek reimbursementthrough the Court Reporters Board.1

C. The parties may contact you directly for an estimate and deposit the amount youindicate with the court, or the parties may deposit with the court an amountcalculated per CRC Rule 8.130(b)(1)(B), i.e. “$325 per fraction of the day’sproceedings that did not exceed 3 hours, or $650 per day or fraction that exceeded 3hours.”Upon deposit with the court, the LASC Civil Appeals Unit will send you a “Notice toReporter to Prepare Transcript on Appeal.”If you believe the amount deposited is inadequate, you may, within 15 days after thecourt mails the “Notice to Reporter to Prepare Transcript on Appeal,” file withthe court and mail to the designating parties a “Notice of Inadequate Funds forPreparation of Reporter’s Transcript on Appeal” and indicate the additionaldeposit required. The party has 10 days to deposit the additional amount. If theamount is not paid, the court will send a Notice of Default to the party. The courtwill notify you whether the party paid so you can commence preparation of thetranscript.Upon completion of the transcript(s), you must submit an invoice, “Affidavit forRelease of Funds and Request for Payment of Reporter’s Transcript onAppeal,” along with the original and copies of the transcript to the Primary Reporterwho must transmit all the transcripts and invoices to the court at the LASC CivilAppeals unit located at the Stanley Mosk Courthouse, 111 North Hill Street, Room111-A, Los Angeles, California, 90012.After the transcripts are reviewed and have been found to comply with CRC Rule8.144, the court will mail you a check. Any excess funds on deposit with the courtwill be refunded to the parties when the complete record on appeal is transmitted tothe Second District Court of Appeal.NOTE: If the parties deposit the funds with the court, you must not send an invoiceto the parties, nor accept payment from them. If you do, you must notify the courtwhich party paid you directly and how much, so that the court can refund the moneythey deposited.If you are submitting an invoice with LASC for the first time, you must complete a“Payee Data Record Form” and submit it to the LASC Civil Appeals unit to beentered as a vendor in the court’s payment system which is administered by theAdministrative Office of the Courts (AOC). Without this information the court cannotpay you for your transcripts.After obtaining a vendor number, use that number on all subsequent invoices.When preparing an invoice, use a unique and different invoice number for eachtransaction. Payment will be held if two invoices bearing the same invoice numberare submitted.4. Whom do I notify if the Notice to Prepare Transcript on Appeal isincorrect?Prepare a “Notice of Correction re: Notice to Prepare Transcript on Appeal,” andmail it to the LASC Civil Appeals unit immediately. This form is used to notify the courtof errors, e.g. you were not the reporter who reported the proceedings, additionalreporters were omitted, proceeding dates requested were omitted from the notice, orthe actual date of the proceeding requested occurred on a different date, etc. The LASC2

copies to the parties pursuant to CRC Rule 8.150. If they do not comply with CRC Rule8.144, the transcripts will be returned for correction and re-submission.Please do not send the original or any copies of the transcript directly to the parties.They must be filed with the LASC Civil Appeals unit for compliance with both CRC Rules8.144 and 8.150. If the party deposited funds for your payment with the court,payment cannot be made until the original and all copies of the transcripts are filed andreviewed by the court.7. How do I get an extension of time to file the appeal transcript?File your request for extension of time with the Second District Court of Appeal. Per CRCRule 8.130(f), only the reviewing court can extend the time to prepare the reporter’stranscript. (Also see CRC Rule 8.60 which governs extensions of time.)If a transcript is overdue and the Second District Court of Appeal (DCA) has not notifiedthe court of the granting of an extension, the LASC Civil Appeals unit will mail a Noticeof Default to the Appellant for failure to procure the record of oral proceedingspursuant to CRC Rule 8.140. If the transcript, or an order for extension from DCA is notsubmitted within 15 calendar days from the date of the mailing of the Notice of Default,the LASC Civil Appeals unit will request DCA to dismiss the appeal. Failure to timelyfile an appellate transcript may subject a court reporter to Court or licensingsanctions.8. Before the appeal was filed, I provided my client with certifiedtranscripts for all or some of the proceeding dates indicated on hisor her notice of designation. Can he or she submit them to thecourt in lieu of paying for the preparation of an appeal transcript?Yes, provided that the certified transcript(s) comply with the format requirements statedin CRC Rule 8.144, otherwise they will be returned to the submitting party to forward tothe reporter for correction. If the transcript(s) are for some of the proceeding datesonly, they must be sent to the Primary Reporter for inclusion with the entire appealtranscript.9. What is the minimum transcript format standard for appealtranscripts?CRC Rule 8.144 determines the standard format. See the Appeal TranscriptGuidelines for Court Reporters for more detailed information. In addition, CRC Rule8.130 governs the time limits for filing, content, and method of payment. CRC Rule8.121 governs the appellant’s responsibility to specify in the notice of designation thename of the reporter and the proceeding dates needed for the transcript.10. How do I coordinate with multiple reporters in preparing theappeal transcript?The Primary Reporter will be designated by the court and named on the “Notice toReporter to Prepare Transcript on Appeal.” The Primary Reporter is responsiblefor designating the series of page numbers each reporter will use when preparingtheir individual transcripts, among other duties. For more information on the pagenumbering format and duties of Primary or non-primary reporters, see CRC Rule8.144, and the Appeal Transcript Guidelines for Court Reporters.4

For specific information, questions and exemplars regarding format, pleasereview the Appeal Transcript Guidelines for Court Reporters link on LosAngeles Superior Court’s website. If you are unable to find the answer toyour question, e-mail courtreporterservices@lasuperiorcourt.org.6