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Record in multiple or later appeals in same case, Rule 8.155. (1) A judge may require that if any authority other than California cases, statutes, constitutional provisions, or state or local rules is cited, a copy of the authority must be lodged with the papers that cite the authority. General Provisions Article 1. Unless the appellate division orders otherwise, within 20 days after notice under (b) is filed or after the appellate division directs that an exhibit be sent: (1) The trial court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the appellate division. Briefs by parties and amici curiae, Rule 8.416. Filing the appeal; certificate of appealability, Rule 8.396. Rules of the sport 4. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26, Rule 8.454. Completion and filing of the record, Rule 8.841. 98 0 obj <>stream endstream endobj 242 0 obj <>/Metadata 239 0 R/OpenAction[243 0 R/XYZ null null null]/PageLabels 236 0 R/PageMode/UseNone/Pages 238 0 R/PieceInfo<>>>/StructTreeRoot 17 0 R/Type/Catalog>> endobj 243 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Type/Page>> endobj 244 0 obj [245 0 R 246 0 R 247 0 R 248 0 R 249 0 R 250 0 R 251 0 R] endobj 245 0 obj <> endobj 246 0 obj <> endobj 247 0 obj <> endobj 248 0 obj <> endobj 249 0 obj <> endobj 250 0 obj <> endobj 251 0 obj <> endobj 252 0 obj <> endobj 253 0 obj <> endobj 254 0 obj <> endobj 255 0 obj [/ICCBased 270 0 R] endobj 256 0 obj /DeviceGray endobj 257 0 obj <> endobj 258 0 obj <> endobj 259 0 obj <>stream Public access to documents and exhibits in the possession of a temporary judge or referee should be the same as if the case were being heard by a judge. (2) Any party in possession of designated exhibits returned by the superior court must put them into numerical or alphabetical order and send them to the reviewing court. Augmenting or correcting the record in the Court of Appeal, Rule 8.360. The party requesting that exhibits be returned must prepare and submit a Declaration and Order for Release of Exhibits form. Exhibit positive leadership skills, good sportsmanship and personal and professional integrity 2. 415-522-2000. Printed copies may be purchased by contacting. 81 0 obj <>/Filter/FlateDecode/ID[<2393A8EA033E874B9C6118D68663A725><904A94F0B4E72443BB73AF29AE376902>]/Index[62 37]/Info 61 0 R/Length 92/Prev 155457/Root 63 0 R/Size 99/Type/XRef/W[1 2 1]>>stream Mental Health Rules Title 7. 241 47 [ CALIFORNIA CODE OF CIVIL PROCEDURE 1987 (c)]. Asall trial court exhibits are automatically includedin the appellate record pursuant to California Rules of Court, rule 8.122 (a) (3), this Court should take the * Respondenthas requested transfer of People's Exhibits 4 and 5 to this Court pursuant to California Rules of Court, rule 8.224. 0 Lodged documents must be tabbed to correlate to the notice of lodgment. Follow the directions for finding the code(s) you are interested in. Trial court file instead of clerk's transcript, Rule 8.917. ), (d) Access to documents and exhibits in matters before temporary judges and referees. After the periods specified in (a) have expired, a party may apply to the reviewing court for permission to send an exhibit to that court. 0000065941 00000 n Proceedings after the petition is filed, Rule 8.386. 0000004547 00000 n The public can obtain copies of marked exhibits without a court order, except for the following: Weapons or other sensitive items All juvenile records Sealed subpoenaed records Anything ordered sealed/confidential by a judge Photographs that are protected pursuant to PC 1417.8 Actions by court on receipt of electronically submitted document; date and time of filing, Rule 8.79. If there is any change in this contact information, the temporary judge or referee must promptly file a revised statement with the court. Papers Paper All papers filed must be 8 by 11 inches. k7_WERV-hI . You will need to use these forms when you file your case. hbbd``b`$j $ fY$ General Rules Applicable to Appellate Division Proceedings, Chapter 2. In 1986 county-wide uniform criminal Local Court rules and uniform exhibit processing procedures were adopted to ensure consistency in how criminal cases were handled through the court system. Notice designating the record on appeal, Rule 8.833. 3. These rules are subject to change due to changes in statewide rules, statutes, or local business practices. In identifying the type of pages omitted, the omission page might say, for example, "probation report" or "Marsden hearing transcript.". Briefs by parties and amici curiae, Rule 8.397. Sending and filing the record in the appellate division, Rule 8.873. Rules of Court, rules 3.900, 3.920; Local Rule 2.24.) COVID-19: COURT OPERATIONS DURING THE COVID-19 PANDEMICRevised 5/2/2022 - 9:32 am. The exhibits department exists to upholdthe ethical conduct of the Court. San Diego Commerce. All papers presented for filing must be pre-punched in the standard two-hole position. For example, if a declaration is attached to a document, the bookmark to the declaration might say "Robert Smith Declaration," and if a complaint is attached to a declaration as an exhibit, the bookmark to the complaint might say "Exhibit A, First Amended Complaint filed 8/12/17.". Trial of Small Claims Cases on Appeal, Division 6. The public can obtain copies of marked exhibits without a court order, except for the following: Copies of exhibits may be purchased at the location where the trial took place during normal business hours. 0000002750 00000 n Adolescent growth and development, that a student is an individual and an athlete. (3) If a document would ordinarily be filed with the court after it is submitted to a judge or if a party submits an ex parte application, the party that submits the document or application to a temporary judge or referee must file the original with the court no later than the next court day after the document or application was submitted to the temporary judge or referee and must promptly provide a filed-stamped copy of the document or application to the temporary judge or referee. On request of the temporary judge or referee, the clerk must deliver exhibits filed or lodged with the court to the possession of the temporary judge or referee, who must not release them to any person other than the clerk, unless the court orders otherwise. Subdivision (d)(1). 916-875-2555. In order to provide an accurate recording of proceedings for the purposes of appeal, all Court Districts use For The Record to produce audio recordings of court proceedings. Preparing and sending the record, Rule 8.410. Oral argument and submission of the cause, Rule 8.264. [Reserved] Title 3. The electronic recording is not an official recording and may not be filed/attached to pleadings or submitted as the official record. Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction, Rule 8.450. 0000058674 00000 n Title One. (Subd (c) amended effective January 1, 2017; adopted as part of subd (b); previously amended and lettered as subd (c) effective January 1, 2007. 0 0000004679 00000 n Application of division and scope of rules, Rule 8.804. (3) A party filing a notice under (1) or (2) must serve a copy on the reviewing court. Filing, finality, and modification of decision, Rule 8.548. The cost for copies is $0.50 per page. Court order requiring electronic service, Former rule 8.80. California Rules of Court. (4) Electronic exhibits must meet the requirements in rule 2.256(b). You can try calling the department's clerk for help, but depending on the clerk, since they don't give legal advice, they may refer you to the judge's orders. Preparation of reporter's transcript, Rule 8.920. Certifying the record in pre-1997 trials [Repealed], Rule 8.630. Applications to file overlength briefs in appeals from a judgment of death, Rule 8.634. 0000009836 00000 n Juror-identifying information, Rule 8.872. Documents must be consecutively paginated. Plain English. Unless the reviewing court orders otherwise, within 20 days after the first notice under (a) is filed: (1) The superior court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the reviewing court. 0000065762 00000 n Decision on request of a court of another jurisdiction. Pursuant to California Rules of Court, Rule 8.70 and California Supreme Court Rules Regarding Electronic Filing, filings for the following documents in civil and criminal proceedings and matters arising from a judgment of death can be made through the court's electronic filing system (TrueFiling).Electronic filing is the filing of an electronic document in lieu of a paper original. (1) Within 10 days after the last respondent's brief is filed or could be filed under rule 8.927, if the appellant wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged, the appellant must serve and file a notice in the trial court designating such exhibits. Stay of execution and release on appeal, Rule 8.861. Pursuant to California Rule of Court 3.1110(f) and Los Angeles County Superior Court Rules 3.52 and 3.53, all exhibits must be exchanged and pre-numbered, except for those anticipated in good faith to be used for impeachment or during rebuttal. Amendments to rules and statutes, Rule 8.811. Protection of privacy in documents and records, Rule 8.42. Disposition of transferred case, Rule 8.1105. Request for writ of supersedeas or temporary stay, Rule 8.121. There could be forms can be printed or downloaded from the court's website. Renumbered effective April 25, 2019. If you wish to view any of these codes, they are available through the California Law web site. 0000059219 00000 n Courts Cheat Sheet; Query Builder; Jurisdiction Selector; Suggestions; Basic Search. (3) A party filing a notice under (1) or (2) must serve a copy on the appellate division. Proceedings if the return is ordered to be filed in the reviewing court, Rule 8.387. (Subd (b) amended effective January 1, 2007.). hb```R!b`0p|X(|=GGCGX B1i4c`YhY2 \ *wNDoYT | A2lLq\aFs x No original court records may be used in any location other than a court facility, unless so ordered by the presiding judge or his or her designee. See California Rule of Court 8.122 (b). (1) An index of exhibits must be provided. Exhibit positive leadership skills, good sportsmanship and personal and professional integrity 2. Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit. Policies and factors governing extensions of time, Rule 8.66. Service, Filing, Filing Fees, Form, and Privacy, Article 3. (1) Documents and exhibits in the possession of a temporary judge or referee that would be open to the public if filed or lodged with the court must be made available during business hours for inspection by any person within a reasonable time after request and under reasonable conditions. 62 0 obj <> endobj 2652 4th Ave. 2nd Floor. Unless otherwise ordered by the court, all exhibits shall be pre-marked and exchanged 10 days before the day of trial. Notice designating the record on appeal, Rule 8.123. Deposition testimony as an exhibit (a) Title page The first page of any deposition used as an exhibit must state the name of the deponent and the date of the deposition. California Rules of Court prevail, Rule 8.23. 379 0 obj <> endobj Other than the title page, the exhibit must contain only the relevant pages of the transcript. Appointment of appellate counsel by the Court of Appeal, Rule 8.304. The trial court clerk must also send a list of the exhibits sent. Briefs by parties and amici curiae; judicial notice, Rule 8.524. By following the procedures and policies set forth by the Court we will preserve and protect all exhibits filed with the Court, keeping them safe, secure and confidential. Business Professional with extensive experience in Paralegal and other Attorney Support Services, Proofreading, Editing, Business Administration, Office Management, Non-Profit Management, Events . q!94_/@= jE 0000004879 00000 n Filing, finality, and modification of decision, Rule 8.300. A temporary judge or referee may direct that access to documents and exhibits be available by scheduled appointment. The first page of each paper must specify immediately below the number of the case: (1) The date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge, if ascertainable; (2) The nature or title of any attached document other than an exhibit; (3) The date of filing of the action; and, (Subd (b) amended effective January 1, 2007; previously amended effective July 1, 1997.). Record of administrative proceedings, Rule 8.128. You may also bring your trial exhibits with you to court, if you are appearing at the hearing in-person. 0000000016 00000 n 0000007282 00000 n - Local Forms Appendix B. General format (a) Notice of motion A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. Rule 2.400 amended effective January 1, 2010; adopted as rule 243 effective January 1, 1949; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 1993, January 1, 2008, and January 1, 2009. Its capital is Lansing, and its largest city is Detroit. Writs of Mandate, Certiorari, and Prohibition in the Supreme Court and Court of Appeal, Chapter 9. A court show (also known as a judge show, legal/courtroom program, courtroom series, or judicial show) is a broadcast programming subgenre of either legal dramas or reality legal programming. 0000008663 00000 n "6k =HX HpG4 Se`bd8d100R#@ N= Record when trial proceedings were officially electronically recorded, Rule 8.871. Local rule 3-4. Right to appointment of appellate counsel and prerequisites for appeal, Rule 8.408. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings, Chapter 6. Petition for writ of habeas corpus filed by petitioner not represented by an attorney, Rule 8.384. Preparing, certifying, and sending the record, Rule 8.340. 638 et seq. The court will only accept pre-marked exhibits in court on the day of trial. Fees for copies of electronic records, Rule 8.112. Each judge has their own rules for their own courtroom, and there should have been orders addressing what documents need to be submitted for trial, and when. Transmitting record to Court of Appeal, Rule 8.1010. Substituting parties; substituting or withdrawing attorneys, Rule 8.816. Renumbered effective April 25, 2019. t((p&rYzr&8) (a) Availability of Referee (b) Form for Approval (c) Judgment. Transfer of Appellate Division Cases to the Court of Appeal, Division 7. Filing, modification, and finality of decision; remittitur, Rule 8.800. For instance, in the court where I regularly appear, the local rules require blank stickers attached to trial exhibits marked "P" for Plaintiff or "D" for Defendant. If oral Sacramento Local Rule (Local Rule) 1.06. The transcript from Biden's speech at the White House Black History Month event is included below: "I may be a white boy, but I'm not stupid," he declared. 0000005606 00000 n The superior court clerk must also send a list of the exhibits sent. Service, filing, and filing fees, Rule 8.29. endstream endobj 380 0 obj <>/Metadata 15 0 R/Pages 377 0 R/StructTreeRoot 25 0 R/Type/Catalog/ViewerPreferences<>>> endobj 381 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 382 0 obj <>stream Subdivision (f)(4). EXHIBITS. Failure to procure the record, Rule 8.882. Filing, finality, and modification of decisions; remittitur, Rule 8.1005. (See Stats. Prosecuting attorney's notice regarding the record, Rule 8.912. (d) Request and return by reviewing court. Construction Rule 8.10. These documents shall be submitted to the court on the first day of trial. Augmenting and correcting the record in the reviewing court, Rule 8.412. (Subd (e) amended effective January 1, 2016.). If you will be requesting exhibits, please specify which exhibits are to be returned. Attention: Multiple tabs are multiple problems. For the purposes of the Court of Appeal, if a document is not in the record on appeal it does not exist. (Subd (b) amended effective January 1, 2010; adopted effective July 1, 1993; previously amended effective January 1, 2007.). The amended rules become effective Jan. 1, 2018. ; uperior court of california county of los angeles. Renumbered effective January 1, 2011, Rule 8.1014. %%EOF MOTION PRACTICE CIVIL LAW TIME LIMITS MOTION DEADLINES Notice of Motion Stay of execution and release on appeal, Rule 8.324. Filing, finality, and modification of decisions; rehearing; remittitur, Rule 8.963. Doing so makes the exhibit part of the pleading without the need to have the entire document reproduced within the it. 0000072744 00000 n Appeal from order establishing conservatorship, Rule 8.482. (See also rule 8.122(a)(3).). The public can view marked exhibits without a court order, except for the following: Exhibits can be viewed at the location where the trial took place during normal business hours. (Subd (a) amended effective January 1, 2020; previously amended effective January 1, 2011. (Subd (d) amended and relettered effective January 1, 2007; adopted as subd (c.). . The statement must be filed at the same time as the temporary judge's or referee's certification under rule 2.831(b), 3.904(a), or 3.924(a). Please take notice that, pursuant to the local rules for the superior court of the state of california, county of los angeles, rule 3.4(e), cross-defendant . Adolescent growth and development, that a student is an individual and an athlete. Sacramento, CA 95826. Former rule 8.499. (Subd (c) amended effective January 1, 2007.). (b) Notice of designation If a document cannot practicably be converted to a text-searchable PDF (e.g., if the document is entirely or substantially handwritten, a photograph, or a graphic such as a chart or diagram that is not primarily text based), the document may be converted to a non-text-searchable PDF file. If the reviewing court clerk finds the list correct, the clerk must sign and return a copy to the party. Authenticate documents or photographs. 0000058949 00000 n Before you can admit a document, photograph, or other exhibit into evidence, you must show to the judge that it is what you claim it is, and that it hasn't been altered in any way. Preparing and certifying the record of preliminary proceedings, Rule 8.619. Requirements for signatures on documents, Rule 8.805. Hearing and decision in the Supreme Court, Rule 8.380. (Subd (e) adopted effective January 1, 2010.). The amendments change the law on electronic service as understood by the appellate court in Insyst, Ltd v. Applied Materials, Inc. (2009) 170 Cal.App.4th 1129, which interpreted the rules as authorizing electronic transmission as the only effective means of electronic service. Pursuant to San Diego Local Rule 2.5.6, "Exhibits must be legible and complete, and not require the use of another resource to hear or view the exhibits." The following are specifically prohibited and ARE NOT ALLOWED for exhibit . Court Order: If no oral argument is held, the Tentative Ruling becomes the official court order. California Rules of Court Code of Civil Procedure of California Local Civil Rules of Court, Santa Clara County Other witnesses You have to get your witnesses to go to trial at the right time. California Rules of Court NOTE: The Supreme Court amended Title 9 of the California Rules of Court to add and renumber the Rules on Law Practice, Attorneys and Judges and clarify the court's inherent power and authority. Hearing and decision in the Supreme Court, Rule 8.480. Finality and modification of decision, Rule 8.891. Sanctions to compel compliance, Rule 8.25. 3341 Power Inn Road, Room 316. Requirements for signatures on documents, Rule 8.77. The Consent to Bring Prohibited Items into the Courthouse as Exhibits form requirements shall not apply to on-duty law enforcement officers bringing weapons as evidence into the Court as part of official Court business. xref Once the trial or hearing has been concluded, the Court may order the exhibits to be released to the District Attorney's Office, the law enforcement agency submitting the complaint, counsel for the parties, or parties appearing in propria persona (self-represented). Do you have to attach contract to complaint California? Habeas Corpus Appeals and Writs, Article 1. 2022 California Rules of Court Rule 8.921. 0000009264 00000 n Pursuant to rule 3.722(d) of the california rules of court, based upon the court's review of the filed documents and the docket of this action, the court . Documents and exhibits are not normally available to the public during a hearing or when needed by the judge for hearing or decision preparation. Appeal from order granting relief by writ of habeas corpus, Rule 8.391. United States District Court Northern District of California 450 Golden Gate Avenue San Francisco, CA 94102. Briefs by parties and amicus curiae, Rule 8.631. Rules Relating to Appeals and Writs in Small Claims Cases, Chapter 1. 432 0 obj <>stream Trial Court Rules (Rules 2.1 - 2.1100) | PDF (1.39 MB) Title Three. Subdivision (b) governs documents prepared for electronic filing in the first instance in a reviewing court and does not apply to previously created documents (such as exhibits), whose formatting cannot or should not be altered. The party must also send a list of the exhibits sent. You may . Applications and Motions; Extending and Shortening Time, Article 6. Petition for writ of supersedeas, Rule 8.116. Rule 3.1116 amended and renumbered effective January 1, 2007; adopted as rule 316 effective January 1, 1992. Rule 8.18. 0000072674 00000 n personal injury; Boolean (richard or dick) and cheney . When filing a complaint, Rule 10(c) allows exhibits to be attached to a complaint (or other pleading) that are referenced in the complaint (or other pleading). The original page number of any deposition page must be clearly visible. Pursuant to California Government Code . If the exhibits are not transmitted electronically, the superior court clerk must send two copies of the list. A copy of the audio recording may be purchased either at the Traffic or Small Claims window in the Clerks Office at the location where the hearing took place for the cost of $22. The superior court clerk must also send a list of the exhibits sent. Habeas Corpus Proceedings Not Related to Judgment of Death, Article 2. File motions and oppositions with court on first day of trial. 0000001601 00000 n - The exhibit is provided to the court reporter from counsel. Appellate Rules Index List of Effective Dates Appendix A. Petitions filed by an attorney for a party, Rule 8.935. the court to confirm between 2 p.m. and 4 p.m. on the court day before the hearing. 2010, ch. - Plain white . Each Superior Court in California has its own local rules - these can be found on the court's website and will include rules on trial exhibits. The documents themselves must be lodged with the court no sooner than 10 court days and no later than three court days prior to the hearing, absent a court order Lodged documents will be stamped "received" by the court. CourtFiling.net offers the option to quickly electronically serve any parties with the click of a button. Costs and sanctions in civil appeals, Rule 8.911. Please contact the Exhibit Coordinator to schedule an appointment to view the exhibits. endstream endobj startxref The definition of "electronic service" has been amended to provide that a party may effectuate service not only by the electronic transmission of a document, but also by providing electronic notification of where a document served electronically may be located and downloaded. 3.10 . . Contents of reporter's transcript, Rule 8.919. 0000001898 00000 n This action is hereby designated a complex case pursuant to'california rules of court 3.400 and 3.403(b) andis singly assigned for all purposes to judge . Application, construction, and definitions, Former rule 8.71. Augmenting and correcting the record in the appellate division, Rule 8.842. Munger tolles olson llp stamp - ete. Limited normal record in certain appeals, Rule 8.922. William R. Ridgeway Family Relations Courthouse. 0000065415 00000 n Civil Rules (Rules 3.1 - 3.2237) | PDF (1.38 MB) Title Four. Contents and format of briefs, Rule 8.208. When filling out applications, please close all other open tabs and windows or risk data loss. :fj F>eF30}-\$!N}+D4 5kyB@9-hlmiS4 [C, #eP4|xiPo4A%}Xp~#o#""m0o_lp+kH5$vA*TRq)SAV.~ AsiQ'~5+iX}3/(~4J))+\~/g@{. Death Penalty-Related Habeas Corpus Proceedings, Division 3. Appeals and Records in Misdemeanor Cases, Article 1. Trial court file instead of clerk's transcript, Rule 8.835. (Subd (a) amended effective January 1, 2007.) 0000003154 00000 n 0000059135 00000 n Renumbered effective April 25, 2019. According to Federal Rules of Civil Procedure (FRCP) 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children's names, should be redacted from the filings made with the court and accompanying exhibits, (exhibits normally do not need to be attached to the original complaint, but . 2018 Superior Court of California, County of San Bernardino, All Rights Reserved |, COVID-19: COURT OPERATIONS DURING THE COVID-19 PANDEMIC, Family Court Services Orientation Class Info, Failure to Appear/Respond to a Jury Summons, Court Case Information and Document Sales, How to Navigate San Bernardino Superior Court, San Bernardino Superior Court Rules of Practice, Local Emergency Rules Related to COVID-19, Online Form Preparation and Filing (TurboCourt), Consent to Bring Prohibited Items into the Courthouse as Exhibits form, Please contact the Exhibit Coordinator to schedule an appointment to view the exhibits, Declaration and Order for Release of Exhibits, Anything ordered sealed/confidential by a judge, Photographs that are protected pursuant to PC 1417.8. Address and other contact information of record; notice of change, Rule 8.36. If the exhibits are not transmitted electronically, the party must send two copies of the list. Documents violating rules not to be filed, Rule 8.20. Renumbered effective April 25, 2019. When the remittitur issues, the appellate division must return all exhibits not transmitted electronically to the trial court or to the party that sent them. Certifying the trial record for accuracy, Former rule 8.625. Filing, finality, and modification of decision; rehearing; remittitur, Rule 8.652. Judicial Council forms can be used in every Superior Court in California. Rules of the sport 4. The clerk must require a signed receipt for a released exhibit. . Contents of clerk's transcript, Rule 8.913. A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. Former rule 8.498. 0000065686 00000 n Department Policies and Procedures. Petitioner's exhibits shall be marked with numbers (1, 2, 3, etc.) Subdivision (b). Augmenting or correcting the record in the appellate division, Rule 8.924. 0000006655 00000 n Filing the appeal; certificate of probable cause, Rule 8.312. Appeal from judgment authorizing conservator to consent to sterilization of conservatee, Rule 8.483. Subdivision (b)(2) provides a procedure by which parties send designated exhibits directly to the reviewing court in cases in which the superior court has returned the exhibits to the parties under Code of Civil Procedure section 1952 or other provision.
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