What is the test for establishing that facts are not in the record?
California, United States of America
The following excerpt is from Estrada v. Kim, B292482 (Cal. App. 2019):
One of the "immutable rules" of appellate practice is that "if it is not in the record, it did not happen." (Protect Our Water v. County of Merced (2003) 110 Cal.App.4th 362, 364.) Absent statutory or other guidance to the contrary, we are not in a position to presume that the appellant has demonstrated facts that are not in the record.
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