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Perspective

Jun. 4, 2016

Don't gamble with the right to appeal

As highlighted in a recent case, appellants must designate the transcript on appeal whenever resolution of the appeal turns on what occurred before the trial court. By Ilana Herscovitz and Anne Grignon

Ilana Herscovitz

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By Ilana Herscovitz and Anne Grignon

Appealing without a reporter's transcript is risky. The Court of Appeal is bound by matters in the record, and any fact not in the appellate record does not exist for purposes of the appeal. Protect Our Water v. County of Merced, 110 Cal. App. 4th 362, 364 (2003). However, due to budget cuts in California over the past several years, many counties no longer provide court reporters to litigants. The b...

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