If you designated material for your Record on Appeal, but find that it was accidentally omitted by the Superior Court clerk, you need to file a Notice in the Superior Court requesting inclusion of the material.

Rule 8.155(b) of the California Rules of Court provides:

(b)       Omissions

(1) If a clerk or reporter omits a required or designated portion of the record, a party may serve and file a notice in superior court specifying the omitted portion and requesting that it be prepared, certified, and sent to the reviewing court. The party must serve a copy of the notice on the reviewing court.

(2) The clerk or reporter must comply with a notice under (1) within 10 days after it is filed. If the clerk or reporter fails to comply, the party may serve and file a motion to augment under (a), attaching a copy of the notice.

The “notice” must be served on all parties and the appellate court, and must specify the omitted portions and request that they be prepared, certified and sent to the appellate court. If you want material added to the Record on Appeal that you did not include in your Designation of Record on Appeal, then you cannot use this method.

However, if the clerk fails to comply with the notice, you may then file a motion in the appellate court to augment the record under CRC 8.155(a). A copy of the notice that was filed in the superior court must be attached to the motion to augment.