Pursuant to California Rules of Court, rule 8.224, there are two methods for transferring trial court exhibits to the Court of Appeal: (1) a designation can be filed in the trial court; or (2) a motion can be filed in the Court of Appeal. Based on our consultation with the Sixth District Clerk, the preferred method is to file a motion in the court of appeal. Importantly, the motion can be filed at any stage of the proceedings. Thus, if you need to examine critical exhibits before preparing the opening brief, the Court of Appeal will order their production. Once the exhibits arrive at the Court of Appeal, arrangements can usually be made with either the clerk’s office or our office for the transmission of the exhibits to your office. Depending upon the nature of the exhibits, it may occasionally be necessary for you to travel to the Court of Appeal to view the exhibits. In such an instance, we will authorize your travel time if you notify us of the necessity of the trip in advance.
In making the motion, counsel should employ the following format. The pleading should be denominated as a “Motion for Transfer of Exhibits Pursuant to California Rules of Court, Rule 8.224(d).” In the text of the motion, reference should be made to rule 8.224(d) and the fact that the rule permits the court to order the transfer of exhibits at any time. Finally, the motion should explain the necessity for the transfer.
(November 6, 2018)