(1) If in the notice designating the record on appeal under rule 8.121, the appellant elects to use a reporter’s transcript, in that notice the appellant must specify the date of each proceeding to be included in the transcript, and may specify portions of designated proceedings that are not to be included.
(2) If the appellant designates less than all the testimony, the notice must state the points to be raised on appeal; the appeal is then limited to those points unless, on motion, the reviewing court permits otherwise.
(3) If the appellant serves and files a notice designating a reporter’s transcript, the respondent may, within 10 days after such service, serve and file a notice in superior court designating any additional proceedings the respondent wants included in the transcript.
(4) If the appellant elects to proceed without a reporter’s transcript, the respondent cannot require that a reporter’s transcript be prepared. But the reviewing court, on its own or the respondent’s motion, may order the record augmented under rule 8.155 to prevent a miscarriage of justice. Unless the court orders otherwise, the appellant is responsible for the cost of any reporter’s transcript the court may order under this subdivision.
(5) Any notice of designation must be served on each known reporter of the designated proceedings.
(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 2005, and January 1, 2007.)
(b) Deposit or substitute for cost of transcript
(1) With its notice of designation, a party must deposit with the superior court clerk the approximate cost of transcribing the proceedings it designates, using either:
(A) The reporter’s written estimate; or
(B) An amount calculated at $325 per fraction of the day’s proceedings that did not exceed three hours, or $650 per day or fraction that exceeded three hours.
(2) If the reporter believes the deposit is inadequate, within 15 days after the clerk mails the notice under (d)(1) the reporter may file with the clerk and mail to the designating party an estimate of the transcript’s total cost, showing the additional deposit required. The party must deposit the additional sum within 10 days after the reporter mails the estimate.
(3) Instead of a deposit, the party may substitute the reporter’s written waiver of a deposit, a copy of a Transcript Reimbursement Fund application filed under (c)(1), or a certified transcript of the designated proceedings. A reporter may waive the deposit for-and a party may submit a certified transcript of-a part of the designated proceedings, but such a waiver or transcript replaces the deposit for only that part.
(Subd (b) amended effective January 1, 2010; previously amended effective January 1, 2007.)