California Rule of Court 2.1040 covers electronic recordings presented or offered into evidence in trial courts. For a recording other than a deposition, the party offering it must give the court and the opposing parties a transcript and a duplicate of the recording before presenting it; the transcript need not be certified. For a recorded deposition or other prior testimony, the party lodges a transcript and cites page and line numbers on the record. The rule was last amended effective July 1, 2011.
$0.25 an hour · first hour free
Before presenting a recording of a deposition or other prior testimony, the party lodges a transcript with the court and identifies on the record the page and line numbers being played. It then serves and files the transcript cover and the marked pages, by the close of evidence or within five days of presenting the recording, whichever is later. No transcript is needed if the court reporter takes down everything that is played.
Before presenting or offering any other recording, such as body cam, dashcam, a phone call or a voicemail, the party gives the court and opposing parties a transcript and a duplicate of the recording. The transcript need not be certified. For good cause the judge can allow them to be provided later. A transcript is not required in uncontested proceedings or where the other side does not appear unless the judge orders one, when the parties stipulate that the recording has no relevant words, or for good cause.
The court marks the recording for identification and the clerk files the transcript. Unless the judge orders otherwise, the court reporter does not transcribe a recording as it is played.
The advisory committee comment says the rule exists to make an adequate record for appeal, that a transcript helps the court and jurors follow the recording, and that the recording itself, not the transcript, is the evidence (People v. Sims (1993) 5 Cal.4th 405). Good cause to excuse a transcript can include a party lacking the capacity to prepare one, or a recording too poor to transcribe usefully.
Subtitled makes the transcript subdivision (b) asks for: drop the recording in, correct the draft, and download a searchable Court PDF on Letter paper with 25 numbered lines a page, a caption page, timestamps and a transcriber's declaration to sign, or an editable Word file ($5.00 per hour of recording, on top of the $0.25 transcript). Page and line numbers on every page also suit the citing that subdivision (a) describes.
Sources: California Rules of Court, rule 2.1040.
Last reviewed 27 October 2026. Not legal advice.
A party offering a recording into evidence must give the court and opposing parties a transcript and a duplicate of the recording beforehand. For depositions and prior testimony, a transcript is lodged and page and line numbers are cited on the record.
No. Subdivision (b) says the transcript need not be certified.
In uncontested proceedings or where the responding party does not appear unless the judge orders one, when the parties stipulate the recording has no relevant words, or when the judge finds good cause.
No. The advisory committee comment says the recording itself is the evidence, citing People v. Sims (1993) 5 Cal.4th 405.