Amador — APP-001-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/app001info.pdf

APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

For information about appeal procedures in other kinds
GENERAL INFORMATION of cases, see:

1 What does this information sheet cover? · Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) This information sheet tells you about appeals in unlimited civil cases. These are civil cases in which the amount of · Information on Appeal Procedures for Infractions money claimed is more than $25,000, as well as other types (form CR-141-INFO) of cases, such as those filed in family court, probate court, and juvenile court. · Information on Appeal Procedures for Misdemeanors If you are the party who is appealing (asking for the trial (form CR-131-INFO) court’s decision to be reviewed), you are called the You can get these forms at any courthouse or county APPELLANT, and you should read “Information for the law library or online at www.courts.ca.gov/forms. Appellant,” starting on page 3. If you received notice that another party in your case is appealing, you are called the 3 Who can appeal?RESPONDENT and you should read “Information for the Respondent,” starting on page 13. Only a party in the trial court case can appeal a decision in This information sheet does not cover everything you may that case. You may not appeal on behalf of a friend, a need to know about appeals in unlimited civil cases. It spouse, a child, or another relative unless you are a legally gives you a general idea of the appeal process. To learn appointed representative of that person (such as the more: person’s guardian or conservator).

l Read rules 8.100–8.278 of the California Rules of Court, 4 Can I appeal any decision the trial court which set out the procedures for unlimited civil appeals. made? You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. No. Generally, you can only appeal the final judgment— l the decision at the end that decides the whole case. Other Read the local rules and find out about self-help resources for the district in which you filed your appeal rulings made by the trial court before the final judgment at www.courts.ca.gov/courtsofappeal.htm. generally cannot be separately appealed but can be l reviewed only later as part of an appeal of the final Visit the California Courts Online Self-Help Center at judgment. There are a few exceptions to this general rule. www.courts.ca.gov/selfhelp-appeals.htm. Code of Civil Procedure section 904.1 lists a few types of l Review the counties included in each appellate district at orders in an unlimited civil case that can be appealed right www.courts.ca.gov/documents/appdistmap.pdf. away. These include orders that: 2 What is an appeal? l Grant a motion to quash service of summons or grant a motion to stay or dismiss the action on the ground of An appeal is a request to a higher court to review a inconvenient forum. decision made by a judge or jury in the superior court. In an unlimited civil case, the court hearing the appeal is the l Grant a new trial or deny a motion for judgment Court of Appeal for the district in which the superior court notwithstanding the verdict. is located. The lower court—called the “trial court” in this l Discharge or refuse to discharge an attachment or grant information sheet—is the superior court. a right to attach. It is important to understand that an appeal is NOT a new l Grant or dissolve an injunction or refuse to grant or trial. The Court of Appeal will not consider new evidence, dissolve an injunction. Note: Injunctions include such as the testimony of new witnesses or new exhibits. restraining orders. The appellate court’s job is to review a record of what l Appoint a receiver. happened in the trial court and the trial court’s decision to l Are made after final judgment in the case.see if certain kinds of legal errors were made.

Judicial Council of California, www.courts.ca.gov New January 1, 2019, Optional Form Information on Appeal Procedures APP-001-INFO, Page 1 of 16 Cal. Rules of Court, rules 8.100-8.278 for Unlimited Civil Cases

APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

l Are made appealable by the Family Code or the Probate 6 Do I need a lawyer to represent me in an Code. appeal? You should consult with a lawyer or a court self-help center You do not have to have a lawyer; if you are an individual to determine if your order is final and appealable. Go to (rather than a corporation, for example), you are allowed to www.courts.ca.gov/selfhelp-selfhelpcenters.htm to find represent yourself in an appeal in an unlimited civil case. information about the self-help center in your county. But appeals can be complicated and you will have to (You can view Code of Civil Procedure section 904.1 using follow the same rules that lawyers have to follow. If you the link below: have any questions about the appeal procedures, you http://leginfo.legislature.ca.gov/faces/codes.xhtml.) should talk to a lawyer. If you decide not to use a lawyer, you must put your 5 What does the appellant need to prove to address, telephone number, fax number (if available), and win on appeal? e-mail address (if available) on the first page of every The appellant must prove that an error in the trial court document you file with the court. proceedings was made and that the error affected the However, if you need to keep your contact information outcome of the court’s or jury’s decision. An error that private (for instance, in an appeal involving a domestic affected the outcome of the case is called a “prejudicial violence restraining order), you may give a different error.” mailing address instead. But if you use a different address, be sure to check it regularly to stay informed about yourAn error can include things like errors made by the judge case and about your obligations regarding your case.about the law, errors or misconduct by the lawyers or by the jury, incorrect instructions given to the jury, or You must keep the Court of Appeal, the trial court (if the insufficient evidence to support the judgment, order, or trial court proceedings continue or are expected to other decision being appealed. Note: This is not a continue), and the other parties in your case informed of complete list of all possible errors. any change in your contact information for service of notices and other documents relating to the appeal. When the appellant argues that the error was based on insufficient evidence to support the judgment or other For your trial court case, you may complete Notice of decision being appealed, the Court of Appeal will Change of Address or Other Contact Information (form determine whether there was “substantial evidence” to MC-040), file it in the trial court, and have it served on the support the judgment, order, or other decision being parties in the case. appealed. But in conducting its review, the Court of Appeal only looks to see if there was evidence that For your case in the Court of Appeal, you may refer to reasonably supports the decision. form MC-040 as an example of the information that you need to include in a notice regarding the change in yourThe Court of Appeal generally will not reconsider the contact information. That notice must be filed in the Courtjury's or the trial court's conclusions about which side had of Appeal and served on the parties in the appellatemore or stronger evidence or whether witnesses were case.believable. It only determines whether the evidence is sufficient to support the judgment, order, or other decision. Where can I find a lawyer to help me with 7 The Court of Appeal will generally not overturn the my appeal? judgment, order, or other decision being appealed unless You have to hire your own lawyer if you want one. You the record shows a prejudicial error was made. The can get information about finding a lawyer on the winning party does not have to prove that the judgment, California Courts Online Self-Help Center at order, or other decision was correct. Instead, it is up to the www.courts.ca.gov/selfhelp-lowcosthelp.htm in the Getting appellant to prove that the error was made and that the Started section. error affected the outcome of the case.

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

INFORMATION FOR THE APPELLANT Unless you are filing electronically, it is a good idea to bring or mail an extra copy of the notice of appeal to the This part of the information sheet is written for the clerk when you file your original and ask the clerk to appellant—the party who is appealing the trial court’s stamp this copy to show that the original has been filed. decision. It explains some of the rules and procedures You can get more information about how to serve court relating to appealing a decision in an unlimited civil case. papers and proof of service from Information Sheet for The information may also be helpful to the respondent. Proof of Service (Court of Appeal) (form APP-009-INFO) Additional information for respondents can be found and on the California Courts Online Self-Help Center at starting on page 13 of this information sheet. www.courts.ca.gov/selfhelp-serving.htm. 8 How do I start my appeal? 10 Is there a deadline to serve and file my notice of appeal?First, you must serve and file a notice of appeal. The notice of appeal tells the other party or parties in the case and the Yes. Generally, in an unlimited civil case, the notice of trial court that you are appealing the trial court’s decision. appeal must be served on the other party or parties in the You may use Notice of Appeal/Cross-Appeal (Unlimited case and filed with the clerk of the superior court within 60 Civil Case) (form APP-002) to prepare a notice of appeal days after the trial court clerk or a party serves either (1) a in an unlimited civil case. You can get form APP-002 at document called a “Notice of Entry” of the trial court any courthouse or county law library or online at www. judgment or appealable order or (2) a file-stamped copy of courts.ca.gov/forms.htm. the judgment or appealable order. If the clerk or a party served neither of these documents, 9 How do I “serve and file” the notice of the notice of appeal must be filed within 180 days after appeal? entry of judgment or appealable order (generally, the date “Serve and file” means that you must: the judgment or appeable order is file-stamped).

l Have somebody over 18 years old mail, deliver, or This deadline for filing the notice of appeal cannot be electronically send (“serve”) the notice of appeal to the extended. If your notice of appeal is late, the Court of other party or parties in the way required by law. If the Appeal will not be able to consider your appeal. notice of appeal is mailed or personally delivered, it If a notice of appeal has been filed in a case, any other must be by someone who is not a party to the case—so party to the case may file its own appeal from the same not you. judgment or order. This is called a “cross-appeal.”l Make a record that the notice of appeal has been served. This record is called a “proof of service.” Proof of To cross-appeal, a party must file a notice of appeal within Service (Court of Appeal) (form APP-009) or Proof of either the regular time for filing a notice of appeal or Electronic Service (Court of Appeal) (form APP-009E) within 20 days after the clerk of the superior court mails can be used to make this record. The proof of service notice of the first appeal, whichever is later. A party that must show who served the notice of appeal, who was wishes to cross-appeal may use Notice of Appeal/Cross- served with the notice of appeal, how the notice of Appeal (Unlimited Civil Case) (form APP-002) to file this appeal was served (by mail, in person, or electronically), notice in an unlimited civil case. and the date the notice of appeal was served. l 11 Do I have to pay a fee to file a notice Bring or send (by mail or electronically) the original of appeal? notice of appeal and the proof of service to the trial Yes. Unless the court waives this fee, you must pay a fee court that issued the judgment, order, or other decision for filing your notice of appeal. You can ask the clerk of you are appealing. You should make a copy of the the court where you are filing the notice of appeal what the notice of appeal you are planning to file for your own fee is or look up the fee for an appeal in an unlimited civil records before you file it with the court. case in the current Statewide Civil Fee Schedule at www. courts.ca.gov/7646.htm (see the “Appeal and Writ Related Fees” section near the end of the schedule).

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

If you cannot afford to pay the fee, you can ask the court to Within 10 days of filing the notice of appeal, the appellant waive it. To do this, you must fill out and file a Request to must tell the trial court in writing (designate) what Waive Court Fees (form FW-001). You can get form documents and oral proceedings, if any, to include in the FW-001 at any courthouse or county law library or online record that will be sent to the Court of Appeal. You will at www.courts.ca.gov/forms. You can file this application need to designate all parts of the record that the Court of either before you file your notice of appeal or with your Appeal will need to decide the issues you raised in the notice of appeal. The court will review this application to appeal. determine if you are eligible for a fee waiver. You can use Appellant’s Notice Designating Record on If I file a notice of appeal, do I still have 12 Appeal (Unlimited Civil Case) (form APP-003) to to do what the trial court ordered me to designate the record in an unlimited civil case. You can do? get form APP-003 at any courthouse or county law library Filing a notice of appeal does NOT automatically postpone or online at www.courts.ca.gov/forms.htm. most judgments or orders, such as those requiring you to pay another party money, deliver property to another party, You must serve and file this notice designating the record or comply with child custody or visitation orders (see Code on appeal within 10 days after you file your notice of of Civil Procedure sections 917.1–917.9 and 1176; you can appeal. “Serving and filing” this notice means that you get a copy of these laws at www.leginfo.legislature.ca.gov must: /faces/codes.xhtml). These kinds of judgments or orders will be postponed, or “stayed,” only if you request a stay l Have somebody over 18 years old mail, deliver, or and the court grants your request or some other procedure electronically send (serve) the notice to the other party authorizes a stay (such as filing a bond in appropriate or parties in the way required by law. If the notice is cases). mailed or personally delivered, it must be by someone In most cases, if the trial court denies your request for a who is not a party to the case—-so not you. stay, you can apply to the Court of Appeal for a stay. If you l Make a record that the notice has been served. Thisdo not get a stay and you do not do what the trial court record is called a “proof of service.” Proof of Serviceordered you to do, court proceedings to collect the money (Court of Appeal) (form APP-009) or Proof ofor otherwise enforce the judgment or order may be started Electronic Service (Court of Appeal) (form APP-009E)against you. can be used to make this record. The proof of service must show who served the notice, who was served with 13 What do I need to do after I file my notice the notice, how the notice was served (by mail, in of appeal? person, or electronically), and the date the notice was served. Within 15 days after the trial court clerk mails a notice that a notice of appeal has been filed in an unlimited civil case, l Bring or send (by mail or electronically) the original the appellant must serve and file in the Court of Appeal a notice and the proof of service to the trial court that completed Civil Case Information Statement (form issued the judgment, order, or other decision you are APP-004), attaching a copy of the judgment or appealed appealing. You should make a copy of the notice you order that shows the date it was entered. See rules 8.100 are planning to file for your own records before you file and 8.104 of the California Rules of Court. it with the court. Unless you are filing electronically, it is a good idea to bring or mail an extra copy of the In addition, since the Court of Appeal justices were not notice to the clerk when you file your original and ask there to see what happened in the trial court, an official the clerk to stamp this copy to show that the original has record of what happened must be prepared and sent to the been filed. Court of Appeal for its review.

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

You can get more information about how to serve court Clerk’s transcript. If you want any documents papers and proof of service from Information Sheet for other than those listed in rule 8.122(b) to be Proof of Service (form APP-009-INFO) and on the included in the clerk’s transcript, you must tell California Courts Online Self-Help Center at www.courts the trial court in your notice designating the .ca.gov/selfhelp-serving.htm. record on appeal. You can use form APP-003 to do this. You will need to identify each document 14 What is the official record of the trial you want included in the clerk’s transcript by its court proceedings? title and filing date or, if you do not know the There are three parts of the official record: filing date, the date the document was signed.

l A record of the documents filed in the trial court (other If you (the appellant) request a clerk’s transcript, than exhibits); the respondent also has the right to ask the clerk l to include additional documents in the clerk’s A record of what was said in the trial court (this is transcript. If this happens, you will be served called the “oral proceedings”); and with a notice saying what other documents the l Exhibits that were admitted in evidence, refused, or respondent wants included in the clerk’s lodged (temporarily placed with the court) in the trial transcript. court. Cost: The appellant is responsible for paying for Read below for more information about these parts of the preparing a clerk’s transcript. The trial court clerk record. will send you a bill for the cost of preparing an original and one copy of the clerk’s transcript. a. Record of the documents filed in the trial court You must do one of the following three things The first part of the official record of the trial court within 10 days after the clerk sends this bill or the proceedings is a record of the documents that were Court of Appeal may dismiss your appeal: filed in the trial court. There are three ways in which l Pay the bill. a record of the documents filed in the trial court can l Ask the trial court to waive the cost because be prepared for the Court of Appeal: you cannot afford to pay. To do this, you l A clerk’s transcript or an appendix, must fill out and file a Request to Waive

l The original trial court file, or Court Fees (form FW-001). You can get form
l FW-001 at any courthouse or county law An agreed statement.
library or online at www.courts.ca.gov/forms.
Read below for more information about these htm. The trial court will review this
options. application to determine if you are eligible for
(1) Clerk's transcript or appendix a fee waiver.

l Description: A clerk’s transcript is a compilation Give the trial court a copy of a court order
of the documents filed in the trial court that is showing that your fees in this case have
prepared by the trial court clerk. An appendix is a already been waived by the court.
compilation of these documents prepared by a Completion and delivery: After the cost of
party. (Cal. Rules of Court, rule 8.124.) preparing the clerk’s transcript has been paid or
Contents: Certain documents, such as the notice waived, the trial court clerk will compile the
of appeal and the trial court judgment or order requested documents into a transcript format and,
being appealed, must be included in the clerk’s when the record on appeal is complete, will
transcript or appendix. These documents are forward the original clerk’s transcript to the
listed in rule 8.122(b) and rule 8.124(b) of the Court of Appeal for filing. The trial court clerk
California Rules of Court and in Appellant’s will send you a copy of the transcript. If the
Notice Designating Record on Appeal (Unlimited respondent bought a copy, the clerk will also
Civil Case) (form APP-003). send a copy of the transcript to the respondent.

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Appendix: If you choose to prepare an appendix of Completion and delivery: After the cost of the documents filed in the superior court, rather preparing the trial court file has been paid or than designating a clerk’s transcript, that appendix waived and the record on appeal is complete, the must include all of the documents and be prepared trial court clerk will number the pages and send in the form required by rule 8.124 of the California the file and a list of the documents in the file to Rules of Court. The parties may prepare separate the Court of Appeal. The trial court clerk will appendixes or stipulate (agree) to a joint appendix. also send a copy of the list of documents to the If separate appendixes are prepared, each party appellant and respondent so that you can put your must pay for its own appendix. If a joint appendix own files of documents from the trial court in the is prepared, the parties can agree on how the cost correct order and number the pages. of preparing the appendix will be paid or the (3) Agreed statement appellant will pay the cost. Description: An agreed statement is a summary The party preparing the appendix must serve the of the trial court proceedings agreed to by the appendix on each other party (unless the parties parties. (See rule 8.134 of the California Rules of have agreed or the Court of Appeal has ordered Court.) otherwise) and file the appendix in the Court of When available: If the trial court proceedings Appeal. The appellant’s appendix or a joint were not recorded by a court reporter or if you do appendix must be served and filed with the not want to use that option, you can choose appellant’s opening brief. See 16 for information (elect) to use an agreed statement as the record of about the brief. the oral proceedings. Please note that it may take (2) Trial court file more of your time to prepare an agreed statement When available: If the Court of Appeal has a local than to use a reporter’s transcript, if it is rule allowing this, and the parties agree, the clerk available. can send the Court of Appeal the original trial Contents: An agreed statement must explain court file instead of a clerk’s transcript as a record what the trial court case was about, describe why of documents filed in the trial court (see rule 8.128 the Court of Appeal is the right court to consider of the California Rules of Court). an appeal in this case (why the Court of Appeal Cost: As with a clerk’s transcript, the appellant is has “jurisdiction”), and describe the rulings of the responsible for paying for preparing the trial court trial court relating to the points to be raised on file. The trial court clerk will send you a bill for appeal. this preparation cost. The statement should include only those facts You must do one of the following things within that you and the other parties think are needed to 10 days after the clerk sends this bill or the Court decide the appeal. of Appeal may dismiss your appeal:

l Pay the bill. Preparation: If you elect to use this option, you
l must file either (1) an agreed statement or (2) a Ask the trial court to waive the cost because written agreement (called a “stipulation”) that the you cannot afford to pay. To do this, you must parties are trying to agree on a statement, along fill out and file a Request to Waive Court Fees with your notice designating the record on (form FW-001). You can get form FW-001 at appeal. If you file the stipulation and the parties any courthouse or county law library or online agree on a statement, you must file the statement at www.court.ca.gov/forms. The trial court within 40 days after filing the notice of appeal. If will review this application to determine if you file the stipulation and the parties cannot you are eligible for a fee waiver. agree on the statement, you must file a new notice
l Give the trial court a copy of a court order designating the record within 50 days after filing
showing that your fees in this case have the notice of appeal.
already been waived by the court.

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

b. Record of what was said in the trial court There are three ways in which a record of the oral (the “oral proceedings”) proceedings can be prepared for the Court of Appeal: Important! The type of record of the oral l If you or the other party arranged to have a court proceedings that you choose, including a reporter present during the trial court reporter's transcript or a settled statement, proceedings, the reporter can prepare a record, should be carefully considered, as it may affect called a “reporter’s transcript.” your appeal. You should consult with a lawyer to l You can use an agreed statement. determine the best option in your case.

l You can use a settled statement. The second part of the official record of the trial
court proceedings is a record of what was said in the Read below for more information about these
trial court (this is called a record of the “oral options.
proceedings”). You do not have to send the Court of
Appeal a record of the oral proceedings. But if you (1) Reporter’s transcript
want to raise any issue in your appeal that would
require the Court of Appeal to consider what was Description: A reporter’s transcript is a written
said in the trial court, the Court of Appeal will need a record (sometimes called a “verbatim” record) of
record of those oral proceedings. For example, if you the oral proceedings in the trial court prepared by
are claiming that there was not substantial evidence a court reporter. Rule 8.130 of the California
supporting the judgment, order, or other decision you Rules of Court establishes the requirements for
are appealing, the Court of Appeal will presume reporter's transcripts.
there was substantial evidence unless it has a record When available: If a court reporter was present
of the oral proceedings. in the trial court and made a record of the oral
You are responsible for deciding how the record of proceedings, you can choose (elect) to have the
the oral proceedings will be provided and, depending court reporter prepare a reporter’s transcript for
on what option you select and your circumstances, the Court of Appeal. But a court reporter might
you may also be responsible for paying for preparing not have been present unless you or another party
this record or for preparing an initial draft of the in your case had made specific arrangements to
record. If you do not take care of these have a court reporter present. If you are unsure,
responsibilities, a record of the oral proceedings in check with the trial court to see if a court reporter
the trial court will not be prepared and sent to the made a record of the oral proceedings in your
Court of Appeal. If the Court of Appeal does not case before choosing this option.
receive this record, you may forfeit your Contents: If you elect to use a reporter’s
arguments on appeal, or the Court of Appeal may transcript, you must identify by date (this is
make presumptions in favor of the judgment or called “designating”) what proceedings you want
order. to be included in the reporter’s transcript. You
In an unlimited civil case, you can use Appellant’s can use the same form you used to tell the court
Notice Designating Record on Appeal (Unlimited you wanted to use a reporter’s transcript—
Civil Case) (form APP-003) to tell the trial court Appellant’s Notice Designating Record on
whether you want a record of the oral proceedings Appeal (Unlimited Civil Case) (form APP-003)—
and, if so, the form of the record that you want to to do this.
use. You can get form APP-003 at any courthouse or If you elect to use a reporter’s transcript, the
county law library or online at www.courts.ca.gov respondent also has the right to designate
/forms. additional proceedings to be included in the
reporter’s transcript. If you elect to proceed

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

without a reporter’s transcript, however, the (2) Agreed statement respondent may not designate a reporter’s Description: An agreed statement is a written transcript without first getting an order from the summary of the trial court proceedings agreed to Court of Appeal. by all the parties. See rule 8.134 of the California Cost: The appellant is responsible for paying for Rules of Court. preparing a reporter’s transcript. The trial court When available: If the trial court proceedings clerk or the court reporter will notify you of the were not recorded by a court reporter or if you do cost of preparing an original and one copy of the not want to use that option, you can choose reporter’s transcript. You must deposit payment (elect) to use an agreed statement as the record of for this cost (and a fee for the trial court) or one the oral proceedings. Please note that it may take of the substitutes allowed by rule 8.130 with the more of your time to prepare an agreed statement trial court clerk within 10 days after this notice is than to use a reporter’s transcript, if it is sent. (See rule 8.130 for more information about available. this deposit and the permissible substitutes, such Contents: An agreed statement must explain as a waiver of this deposit signed by the court what the trial court case was about, describe why reporter.) the Court of Appeal is the right court to consider Unlike the fee for filing the notice of appeal and an appeal in this case (why the Court of Appeal the costs for preparing a clerk’s transcript, the has “jurisdiction”), and describe the rulings of the court cannot waive the fee for preparing a trial court relating to the points to be raised on reporter’s transcript. Money from a special fund, appeal. called the Transcript Reimbursement Fund, may The statement should include only those facts be available to help you pay for the transcript. that you and the other parties think are needed to You can get information about this fund at decide the appeal. www.courtreportersboard.ca.gov/consumers Preparation: If you elect to use this option, you /index.shtml#rtf. must file either (1) an agreed statement or (2) a If you are unable to pay the cost of a reporter’s written agreement (called a “stipulation”) that the transcript, a record of the oral proceedings can be parties are trying to agree on a statement, along prepared in other ways, by using an agreed with your notice designating the record on statement or a settled statement, which are appeal. If you file the stipulation and the parties described below. agree on a statement, you must file the statement within 40 days after filing the notice of appeal. If Completion and delivery: After the cost of you file the stipulation and the parties cannot preparing the reporter’s transcript or a agree on the statement, you must file a new notice permissible substitute has been deposited, the designating the record within 50 days after filing court reporter will prepare the transcript and the notice of appeal. submit it to the trial court clerk. When the record is complete, the trial court clerk will submit the (3) Settled statement original transcript to the Court of Appeal and Description: A settled statement is a summary of send you a copy of the transcript. If the the trial court proceedings that is approved by the respondent has purchased it, a copy of the trial court judge who conducted those reporter’s transcript will also be mailed to the proceedings (the term “judge” includes respondent. commissioners, referees, hearing officers, and temporary judges). When available: Under rule 8.137 of the California Rules of Court, you can choose (elect) to use a settled statement as the record of the oral

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

proceedings if (1) the trial court proceedings Serving and filing a proposed settled statement:
were not recorded by a court reporter or (2) if you You must serve and file the proposed statement
have an order waiving your court fees and costs. within 30 days after filing your notice electing to
Please note that it may take more of your time to use a settled statement or within 30 days after the
prepare a settled statement than to use a trial court clerk sends, or a party serves, the order
reporter’s transcript, if it is available. granting the motion to use a settled statement.
If you want to use a settled statement as the “Serve and file” means that you must:
record of the oral proceedings for reasons other l Have somebody over 18 years old mail,
than the two previously mentioned, you must file deliver, or electronically send (serve) the
a motion to ask the trial court for an order. You proposed settled statement to the respondent
may use Appellant’s Motion to Use a Settled in the way required by law. If the proposed
Statement (Unlimited Civil Case) (form statement is mailed or personally delivered, it
APP-025) for this purpose. Read rule 8.137 about must be by someone who is not a party to the
the requirements of your motion or request for case—so not you.
order.
l Make a record that the proposed settled
Contents: A settled statement must include: statement has been served. This record is

l A statement of the points you (the appellant) called a “proof of service.” Proof of Service
are raising on appeal; (Court of Appeal) (form APP-009) or Proof
l of Electronic Service (Court of Appeal) (form A condensed narrative of the oral proceedings APP-009E) can be used to make this record. that you specified in the notice designating The proof of service must show who served the record on appeal or motion. The the proposed statement, who was served with condensed narrative is a summary of the the proposed statement, how the proposed testimony of each witness and other evidence statement was served (by mail, in person, or that is relevant to the issues you are raising on electronically), and the date the proposed appeal; and statement was served.
l A copy of the judgment or order you are l File the original proposed settled statement appealing attached to the settled statement.
and the proof of service with the trial court.
Preparing a proposed settled statement: If you You should make a copy of the proposed
elect to use a settled statement, you must prepare statement you are planning to file for your
a proposed settled statement. You may use own records before you file it with the court.
Appellant’s Proposed Settled Statement Unless you are filing electronically, it is a
(Unlimited Civil Case) (form APP-014) to good idea to bring or mail an extra copy of
prepare your proposed statement. You can get the the proposed statement to the clerk when you
form at any courthouse or county law library or file your original and ask the clerk to stamp
online at www.courts.ca.gov/forms. this copy to show that the original has been
filed. (See rule 8.137 of the California Rules of Court
for more information about what must be You can get more information about how to serve
included in a settled statement and the procedures court papers and proof of service from
for preparing a statement. You can get a copy of Information Sheet for Proof of Service (form
this rule at any courthouse or county law library APP-009-INFO) and on the California Courts
or online at www.courts.ca.gov/rules.) Online Self-Help Center at www.courts.ca.gov
/selfhelp-serving.htm.

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

Respondent’s review: The respondent has 20 days corrections or modifications to the proposed
from the date you serve your proposed settled statement, the corrected or modified statement
statement to serve and file either: will be sent to you and the respondent for your

l Proposed changes (called “amendments”) to review. the proposed statement; or If the judge orders you to make any corrections l or modifications to the proposed statement, you If the oral proceedings in the trial court were must serve and file the corrected or modified reported by a court reporter, a notice statement within the time ordered by the judge. indicating that the respondent is electing to See rule 8.140, which explains the consequences provide a reporter’s transcript instead of for a party’s failure to make corrections to the proceeding with a settled statement. proposed statement. Review of appellant’s proposed settled If you or the respondent disagree with anything in statement: If the respondent proposes changes, the modified or corrected statement, you have 10 the trial court judge then reviews both your days from the date the modified or corrected proposed statement and the respondent’s statement is sent to you to serve and file proposed proposed amendments. The trial judge will either amendments or objections to the statement. The make or order you (the appellant) to make any judge then reviews the modified or corrected corrections or modifications to the statement that statement and any proposed modifications. If the are needed to make sure that the statement judge decides that further corrections or provides an accurate summary of the testimony modifications are necessary, the review process and other evidence relevant to the issues you described above takes place again. indicated you are raising on appeal. For more Completion and certification: If the judge does information, see rule 8.137(f) of the California not order any corrections or modifications to the Rules of Court. See also rule 8.140, which proposed statement, the judge must promptly explains the consequences for a party’s failure to certify the statement as an accurate summary of make corrections that are ordered to be made to the evidence and testimony of each witness the proposed statement. relevant to the issues you indicated you are Request for hearing to review proposed settled raising on appeal. statement: No later than 10 days after the Alternatively, the parties may serve and file a respondent files proposed amendments, or the stipulation (agreement) that the statement as time to do so has expired, a party may request a originally served or corrected or modified is hearing to review and correct the proposed correct. Such a stipulation is equivalent to the statement. No hearing will be held unless ordered judge’s certification of the statement. by the trial court judge. A judge will not ordinarily order a hearing unless there is a factual Sending settled statement to the Court of dispute about a material aspect of the trial court Appeal: Once the trial court judge certifies the proceeding. If there is a hearing, see rule 8.137 statement or the trial court receives the parties’ for more information. stipulation, the trial court clerk will send the Additional review procedures: If there is no statement to the Court of Appeal as required hearing after the respondent proposes changes to under rule 8.150 of the California Rules of Court. the settled statement, and if the judge makes any

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

c. Exhibits You should read rules 8.200–8.224 of the California Rules of Court, which set out the requirements for preparing, The third part of the official record of the trial court serving, and filing briefs in unlimited civil appeals, proceeding is the exhibits, such as photographs, including requirements for the format and length of these documents, or other items that were admitted in briefs. You can get copies of these rules at any courthouse evidence, refused, or lodged (temporarily placed with or county law library or online at www.courts.ca.gov/rules the court) in the trial court. Exhibits are considered .htm. part of the record on appeal, but the clerk will not include any exhibits in the clerk’s transcript unless Contents and format of briefs: If you are the appellant, you ask that they be included in your notice your brief, called an “appellant’s opening brief,” must designating the record on appeal. Appellant’s Notice clearly explain the legal errors you believe were made in Designating Record on Appeal (Unlimited Civil the trial court. Your brief must refer to the exact places in Case) (form APP-003) includes a space for you to the clerk’s transcript and the reporter’s transcript (or the make this request. other forms of the record you are using) that support your argument. Each brief must be no longer than 14,000 words You also can ask the trial court to send original if produced on a computer, including footnotes. A brief exhibits to the Court of Appeal at the time briefs are produced on a typewriter must not be longer than 50 pages. filed. (See rule 8.224 for more information about this The brief must contain a table of contents and a table of procedure and see below for information about authorities. The cover of appellant’s opening brief filed in briefs.) paper form must be green. For other content and formatting Sometimes, the trial court returns an exhibit to a requirements for the brief, read rules 8.40 and 8.204 of the party at the end of the trial. If the trial court returned California Rules of Court. an exhibit to you or another party and you or the Remember that an appeal is not a new trial. The Court of other party ask for that exhibit to be included in the Appeal will not consider new evidence, such as new clerk’s transcript or sent to the Court of Appeal, the exhibits or the testimony of new witnesses, so do not party who has the exhibit must deliver that exhibit to include any new evidence in your brief. the trial court clerk as soon as possible. Serving and filing: You must serve and file your opening brief within 40 days after the record is filed in the Court of 15 What happens after the official record Appeal or 70 days from the date the appellant chooses to has been prepared? proceed with no reporter’s transcript under rule 8.124. “Serve and file” means that you must: As soon as the record on appeal is complete, the clerk of l Have somebody over 18 years old mail, personallythe trial court will send it to the Court of Appeal for the deliver, or electronically send (serve) the brief to thedistrict in which the trial court is located. When the Court other parties in the way required by law. If the brief isof Appeal receives the record, it will send you a notice mailed or personally delivered, it must be by someonetelling you when you must file your brief in the Court of who is not a party to the case—so not you.Appeal.

l Make a record that the brief has been served. This

16 What is a brief? record is called a “proof of service.” Proof of Service Description: A “brief” is a party’s written description of (Court of Appeal) (form APP-009) or Proof of the facts in the case, the law that applies, and the party’s Electronic Service (Court of Appeal) (form APP-009E) argument about the issues being appealed. If you are can be used to make this record. The proof of service represented by a lawyer in your appeal, your lawyer will must show who served the brief, who was served with prepare your brief. If you are not represented by a lawyer, the brief, how the brief was served (by mail, in person, you will have to prepare your brief yourself. or electronically), and the date the brief was served.

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l File the original brief and the proof of service with the 19 What is “oral argument”? Court of Appeal. You should make a copy of the brief you are planning to file for your own records before you “Oral argument” is not a chance to present new evidence. file it with the court. Unless you are filing Instead, it is a chance to orally explain the arguments you electronically, it is a good idea to bring or mail an extra made in your brief to the Court of Appeal justices. You do copy of the brief to the clerk when you file your original not have to participate in oral argument if you do not want and ask the clerk to stamp this copy to show that the to; you can notify the Court of Appeal that you want to original has been filed. “waive” oral argument. If all parties waive oral argument, l the justices will decide your appeal based on the briefs and Note: If a party chooses to prepare an appendix of the the appellate record. But if any party requests oral documents filed in the trial court instead of designating argument, the Court of Appeal will hold oral argument. a clerk’s transcript, the appellant’s appendix or a joint appendix must be served and filed with the appellant’s If you choose to participate in oral argument, you will have opening brief. a limited amount of time as set by the court. You can get more information about how to serve court papers and proof of service from Information Sheet for Remember that the justices will have already read the Proof of Service (Court of Appeal) (form APP-009-INFO) briefs, so you do not need to read your brief to the justices and on the California Courts Online Self-Help Center at or merely repeat the information in it. It is more helpful to www.courts.ca.gov/selfhelp-serving.htm. tell the justices what you think is most important in your appeal or ask the justices if they have any questions you You and the other parties can agree (stipulate) to extend the could answer. time for filing this brief by up to 60 days (see rule 8.212(b) for requirements for these agreements). You can also apply You can find more information about oral argument into the presiding justice of the Court of Appeal to extend the appeals cases in rule 8.256 of the California Rules oftime for filing this brief if you can show good cause for an Court and online at www.courts.ca.gov/12421.htm.extension (see rule 8.63 for information about extensions of time). You can use Application for Extension of Time to File Brief (Civil Case) (form APP-006) to ask the court for an extension. 20 What happens after oral argument? If you do not file your brief by the deadline set by the After oral argument is held or waived, the justices of the Court of Appeal, the court may dismiss your appeal. Court of Appeal will make a decision about your appeal. The clerk of the court will mail you a notice of the Court of Appeal’s decision. 17 What happens after I file my brief?

Within 30 days after you serve and file your brief, the 21 What should I do if I want to give up my respondent must respond by serving and filing a appeal? respondent’s brief. Within 20 days after the respondent’s brief was filed, you may, but are not required to, file If you do not want to continue with your appeal, you must another brief replying to the respondent’s brief. This is notify the court. If the record has not yet been filed in the called a “reply brief.” Court of Appeal, file Abandonment of Appeal (Unlimited Civil Case) (form APP-005) in the superior court. 18 What happens after all the briefs If the record has already been filed in the Court of Appeal, have been filed? file Request for Dismissal of Appeal (Civil Case) (form After all the briefs have been filed or the time to file them APP-007) in the Court of Appeal. has passed, the Court of Appeal will contact you to tell you the date for oral argument in your case or ask if you want to participate in oral argument.

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24 Is there a deadline to file a INFORMATION FOR THE RESPONDENT cross-appeal?
Yes. You must serve and file your notice of appeal within

This part of this information sheet is written for the either the regular time for filing a notice of appeal respondent—the party responding to an appeal filed by (generally 60 days after service of Notice of Entry of the another party. It explains some of the rules and procedures judgment or a file-stamped copy of the judgment) or within relating to responding to an appeal in an unlimited civil 20 days after the clerk of the trial court serves notice of the case. The information may also be helpful to the appellant. first appeal, whichever is later.

22 I have received a notice of appeal from 25 I have received a notice designating the another party. Do I need to do anything? record on appeal from another party. Do I need to do anything? You do not have to do anything, but there may be consequences if you do nothing. The notice of appeal You do not have to do anything, but there may be simply tells you that another party is appealing the trial consequences if you do nothing. A notice designating the court’s decision. However, this would be a good time to get record on appeal lets you know what kind of official record advice from a lawyer, if you want it. You do not have to the appellant has asked to be sent to the Court of Appeal. have a lawyer; if you are an individual (not a corporation, Depending on the kind of record chosen by the appellant, for example), you are allowed to represent yourself in an however, you may have the option to: appeal in an unlimited civil case. But appeals can be l Add to what is included in the record; complicated and you will have to follow the same rules that l Participate in preparing the record; orlawyers have to follow.

l Ask for a copy of the record.If you have any questions about the appeal procedures, you

should talk to a lawyer. You must hire your own lawyer if Look at the appellant’s notice designating the record on you want one. You can get information about finding a appeal to see what kind of record the appellant has chosen lawyer on the California Courts Online Self-Help Center at and read about that form of the record in the response to www.courts.ca.gov/selfhelp-lowcosthelp.htm. question 14 above. Then read below for what your options are when the appellant has chosen that form of the record. If the other party appealed, can I appeal, 23 a. Clerk's transcript or appendix too? Clerk’s transcript: If the appellant is using a clerk’s Yes. Even if another party has already appealed, you may transcript, you have the option of asking the clerk to still appeal the same judgment or order. This is called a include additional documents in the clerk's transcript. “cross-appeal.” To cross-appeal, you must serve and file a To do this, within 10 days after the appellant serves notice of appeal. You can use Notice of Appeal/Cross- its notice designating the record on appeal, you must Appeal (Unlimited Civil Case) (form APP-002) to file this serve and file a notice designating additional notice in an unlimited civil case. Please read the documents to be included in the clerk’s transcript. information for appellants about filing a notice of appeal, You may use Respondent’s Notice Designating starting on page 3 of this information sheet, if you are Record on Appeal (Unlimited Civil Case) (form considering filing a cross-appeal. APP-010) for this purpose.

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

Whether or not you ask for additional documents to with the trial court clerk within 10 calendar days be included in the clerk’s transcript, you must pay a after this notice is sent. (See rule 8.130 for more fee if you want a copy of the clerk’s transcript. The information about this deposit and the permissible trial court clerk will send you a notice indicating the substitutes, such as a waiver of this deposit signed by cost for a copy of the clerk’s transcript. If you want a the court reporter.) copy, you must deposit this amount with the court within 10 days after the clerk’s notice was sent. Unlike the fee for preparing a clerk’s transcript, the court cannot waive the fee for preparing a reporter’s If you cannot afford to pay this cost, you can ask the transcript. Money from a special fund, called the trial court to waive it. To do this, you must fill out Transcript Reimbursement Fund, may be available to and file a Request to Waive Court Fees (form help you pay for the transcript. You can get FW-001). You can get form FW-001 at any information about this fund at courthouse or county law library or online at www. www.courtreportersboard.ca.gov/consumers/index. courts.ca.gov/forms. The trial court will review this shtml#trf. application and determine if you are eligible for a fee waiver. The clerk will not prepare a copy of the The reporter will not prepare a copy of the reporter's clerk’s transcript for you unless you deposit payment transcript for you unless you deposit the cost of the for the cost or obtain a fee waiver. transcript, or provide one of the permissible substitutes, or your application for payment by the Appendix: If the appellant is using an appendix, and Transcript Reimbursement Fund is approved. you and the appellant have not agreed to a joint appendix, you may prepare a separate respondent’s c. Agreed statement appendix. See pages 5–6 for more information about If you and the appellant agree to prepare an agreed preparing an appendix. statement (a summary of the trial court proceedings that is agreed to by the parties), you and the appellant b. Reporter's transcript will need to reach an agreement on that statement If the appellant is using a reporter’s transcript, you within 40 days after the appellant files its notice of have the option of asking for additional proceedings appeal. See rule 8.134 of the California Rules of to be included in the reporter’s transcript. To do this, Court. within 10 days after the appellant files its notice d. Settled statement designating the record on appeal, you must serve and file a notice designating additional proceedings to be If the appellant elects to use a settled statement (a included in the reporter’s transcript. You may use summary of the trial court proceedings that is Respondent’s Notice Designating Record on Appeal approved by the trial court), the appellant will send (Unlimited Civil Case) (form APP-010) for this you a proposed settled statement to review. You will purpose. have 20 days from the date the appellant served you this proposed statement to serve and file either: Whether or not you ask for additional proceedings to be included in the reporter’s transcript, you must l generally pay a fee if you want a copy of the Suggested changes (called “amendments”) that reporter’s transcript. The trial court clerk or reporter you think are needed to make sure that the settled will send you a notice indicating the cost of statement provides an accurate summary of the preparing a copy of the reporter’s transcript. If you evidence and testimony of each witness relevant want a copy of the reporter's transcript, you must to the issues the appellant is raising on appeal deposit payment for this cost (and a fee for the trial (see page 10 of this form and rule 8.137(e)–(h) court) or one of the substitutes allowed by rule 8.130 for more information about the amendment process); or

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l If the oral proceedings in the trial court were 26 What happens after the official record reported by a court reporter, a notice indicating has been prepared? that you are choosing to provide a reporter’s
transcript, at your expense, instead of proceeding As soon as the record on appeal is complete, the clerk of
with a settled statement (see rule 8.137(e)(2) for the trial court will send it to the Court of Appeal. When the
the requirements for choosing to provide a Court of Appeal receives this record, it will send you a
reporter’s transcript). notice telling you when you must file your brief in the
Court of Appeal.
Have somebody over 18 years old mail, personally
deliver, or electronically send (serve) the proposed A brief is a party’s written description of the facts in the
amendments to the appellant in the way required by case, the law that applies, and the party's argument about
law. If the proposed amendments are mailed or the issues being appealed. If you are represented by a
personally delivered, it must be by someone who is lawyer, your lawyer will prepare your brief. If you are not
not a party to the case—so not you. represented by a lawyer in your appeal, you will have to
prepare your brief yourself.

l Make a record that the proposed amendments You should read rules 8.200–8.224 of the California Rules have been served. This record is called a “proof of Court, which set out the requirements for preparing, of service.” Proof of Service (Court of Appeal) serving, and filing briefs in unlimited civil appeals, (form APP-009) or Proof of Electronic Service including requirements for the format and length of these (Court of Appeal) (form APP-009E) can be used briefs. You can get these rules at any courthouse or county to make this record. The proof of service must law library or online at www.courts.ca.gov/rules.htm. show who served the proposed amendments, who
was served with the proposed amendments, how The appellant serves and files the first brief, called an
the proposed amendments were served (by mail, “appellant’s opening brief.” You must respond by serving
in person, or electronically), and the date the and filing a “respondent’s brief” within 30 days after the
proposed amendments were served. appellant’s opening brief is filed. “Serve and file” means
that you must:
l File the original proposed amendments and the
l Have somebody over 18 years old mail, personally proof of service with the trial court. You should
deliver, or electronically send (serve) the brief to the make a copy of the proposed amendments you
other parties in the way required by law. If the brief is are planning to file for your own records before
mailed or personally delivered, it must be by someone you file them with the court. Unless you are filing
who is not a party to the case—so not you. electronically, it is a good idea to bring or mail an
extra copy of the proposed amendments to the l Make a record that the brief has been served. This
clerk when you file your original and ask the record is called a “proof of service.” Proof of Service
clerk to stamp this copy to show that the original (Court of Appeal) (form APP-009) or Proof of
has been filed. Electronic Service (Court of Appeal) (form APP-009E)
can be used to make this record. You can get more information about how to serve
court papers and proof of service from Information The proof of service must show who served the brief, who
Sheet for Proof of Service (Court of Appeal (form was served with the brief, how the brief was served (by
APP-009-INFO) and on the California Courts Online mail, in person, or electronically), and the date the brief
Self-Help Center at www.courts.ca.gov/selfhelp- was served.
serving.htm.

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l File the original brief and the proof of service with the 28 What is “oral argument”? Court of Appeal. You should make a copy of the brief you are planning to file for your own records before you “Oral argument” is not a chance to present new evidence. file it with the court. Unless you are filing Instead, it is a chance to orally explain the arguments you electronically, it is a good idea to bring or mail an extra made in your brief to the Court of Appeal justices. You do copy of the brief to the clerk when you file your original not have to participate in oral argument if you do not want and ask the clerk to stamp this copy to show that the to; you can notify the Court of Appeal that you want to original has been filed. “waive” oral argument. If all parties waive oral argument, the justices will decide your appeal based on the briefs andYou can get more information about how to serve court the appellate record. But if any party requests oralpapers and proof of service from Information Sheet for argument, the Court of Appeal will hold oral argument.Proof of Service (Court of Appeal) (form APP-009-INFO) and on the California Courts Online Self-Help Center at If you choose to participate in oral argument, you will havewww.courts.ca.gov/selfhelp-serving.htm. a limited amount of time as set by the court. You and the other parties can agree (stipulate) to extend the time for filing this brief by up to 60 days (see rule 8.212(b) Remember that the justices will have already read the for requirements for these agreements). You can also apply briefs, so you do not need to read your brief to the justices to the presiding justice of the Court of Appeal to extend the or merely repeat the information in it. It is more helpful to time for filing this brief if you can show good cause for an tell the justices what you think is most important in your extension. You can use Application for Extension of Time appeal or ask the justices if they have any questions you to File Brief (Unlimited Civil Case) (form APP-006) to ask could answer. the court for an extension. You can find more information about oral argument in If you do not file a respondent’s brief, the appellant does appeals cases in rule 8.256 of the California Rules of not automatically win the appeal. The court will decide the Court and online at www.courts.ca.gov/12421.htm. appeal on the record, the appellant’s brief, and any oral argument by the appellant. Remember that an appeal is not a new trial. The Court of Appeal will not consider new 29 What happens after oral argument? evidence, such as new exhibits or the testimony of new After oral argument is held or waived, the justices of thewitnesses, so do not include any new evidence in your Court of Appeal will make a decision about your appeal.brief. The clerk of the court will mail you a notice of the Court of If you file a respondent’s brief, the appellant then has an Appeal’s decision. opportunity to serve and file another brief within 20 days to reply to your brief.

27 What happens after all the briefs have been filed? After all the briefs have been filed or the time to file them has passed, the Court of Appeal will contact you to tell you the date for oral argument in your case or ask if you want to participate in oral argument.

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