What is the test for determining whether there is or not there is a record to be made available to review the cause of error in the court below?

California, United States of America


The following excerpt is from David T., In re, 127 Cal.Rptr. 729, 55 Cal.App.3d 798 (Cal. App. 1976):

'. . . where literal compliance with the rules has become impossible Without fault of anyone, and we are confronted with a situation not expressly covered by the rules, we should inquire whether there is or can be made available a record on which this court can perform its function of reviewing the cause and determining whether there was error in the court below and, if so, whether such error requires reversal.' (Italics ours.) (People v. Chessman, 35 Cal.2d 455, 460, 218 P.2d 769, 772.)

See also People v. Scott, supra, 23 Cal.App.3d 80, 85, 100 Cal.Rptr. 34.

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