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CALIFORNIA RULES OF COURT

2001 California Rules of Court

Rule 7. Settled statement

(a) [Applicability-appellants who qualify] An appellant may use the procedure in this rule in lieu of a reporter's transcript only

(i) if the appellant is without adequate funds to order and pay for a reporter's transcript and funds are not available for a transcript from the Transcript Reimbursement Fund administered by the Certified Shorthand Reporters Board, or

(ii) if a transcript is unavailable because of the absence of a reporter or the loss or illegibility of the reporter's notes, or

(iii) if allowed by the trial judge on noticed motion, on the ground that a substantial saving of cost would be achieved and a statement can be settled without significant burden on the opposing party or on the court.

A party who has proceeded in the trial court in forma pauperis is deemed without adequate funds for a transcript; other parties may establish that they are without adequate funds upon a motion for leave to use the procedure provided in this rule.

(Subd (a) adopted effective July 1, 1988.)

(b) [Proposal of narrative statement] If, in lieu of a reporter's transcript, the appellant is permitted to set forth the oral proceedings by a settled statement, the appellant may serve and file a notice stating an intention to do so within 10 days after filing the notice of appeal. Within 30 days thereafter the appellant shall serve and file a condensed statement in narrative form of all or such portions of the oral proceedings as are deemed material to the determination of the points on appeal. If necessary for accuracy, clarity, or convenience, portions of the evidence may be set forth by question and answer, subject to the approval of the court in settling the statement. If the condensed statement purports to cover only a portion of the oral proceedings, the appellant shall state the points to be raised on appeal, and in that event shall be precluded from presenting any grounds for reversal not embraced within the points stated unless the reviewing court, on motion, permits the appellant to present additional errors or grounds of appeal on such terms as it may prescribe. Within 20 days after service of the narrative statement, the respondent may serve and file proposed amendments thereto. The appellant's condensed statement and the respondent's proposed amendments may incorporate any instructions given or refused which the party deems material.

(Subd (b) amended and relettered effective July 1, 1988; previously amended effective January 1, 1951, January 1, 1959, January 1, 1961, July 1, 1971, and January 1, 1976.)

(c) [Settled statement in lieu of both transcripts] If the appellant is permitted to use the procedure provided for in this rule and desires to present the appeal wholly on a settled statement in lieu of both a reporter's and clerk's transcript, the appellant shall serve and file a notice so stating within 10 days after filing the notice of appeal and, in that event, the provisions of subdivision (b) shall be applicable. The appellant's proposed statement shall contain in addition to the condensed statement of the oral proceedings copies of the following:

(1) the judgment roll or the portions deemed material to a determination of the points on appeal, and if there is no judgment roll, the judgment appealed from;

(2) the notice of appeal;

(3) the notice to the clerk of election to proceed by a settled statement;

(4) the pretrial order, if any, if the statement contains a copy of the judgment roll or any part of it; and

(5) any notice of intention to move for a new trial or motion to vacate the judgment, the ruling, if any, and a recital or resumé of any oral proceedings.

The appellant's proposed statement, and the respondent's proposed amendments, may include any other papers or records which either party might have had incorporated in the clerk's transcript under the provisions of rule 5. Both the statement and the proposed amendments may be accompanied by a list of the exhibits admitted in evidence or rejected that the party desires to have transmitted as originals as provided in rule 10.

(Subd (c) amended and relettered effective July 1, 1988; previously amended effective January 1, 1951, January 1, 1959, January 1, 1961, July 1, 1971, and January 1, 1976.)

(d) [Settlement and engrossment] On the filing by the respondent of the proposed amendments or on the expiration of the time to file (whichever shall first occur), the clerk shall set a time not more than 10 days thereafter for settlement of the statement by the judge who tried the case and shall give not less than five days' notice to all parties of the time set. At the time set, or at the time to which the judge may continue the hearing, the judge shall settle the statement and fix the time within which the appellant shall engross it as settled. Within the time fixed, the appellant shall engross the statement in accordance with the order of the judge and shall serve and file the engrossed statement. If the respondent does not serve and file objections to the engrossed statement within five days, it shall be presumed that it is engrossed in accordance with the order of the judge and shall be presented by the clerk to the judge for certification. If the parties stipulate that the statement as originally served or as engrossed is correct, the stipulation shall have the same effect as certification thereof if certified by the judge.

(Subd (d) amended effective July 1, 1988.)

Rule 7 amended effective July 1, 1988; previously amended effective January 1, 1951, January 1, 1959, January 1, 1961, July 1, 1971, and January 1, 1976.

Drafter's Notes
1988-The council, responding to a suggestion by a superior court judge, amended rule 7 to provide that a settled statement procedure can be used if a transcript is unavailable because the appellant cannot afford one or because of specified problems relating to the court reporter. The use of a settled statement would also be permitted if the trial judge determines, on noticed motion, that a substantial cost saving would be achieved by a settled statement and the statement can be settled without significant burden on either the opposing party or the court. The amendment does not affect the use of agreed statements.

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