Orange — Appealing the Decision in an Infraction Case

Source: https://www.occourts.org/system/files/shc-app-05.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

APPEALING THE DECISION IN AN INFRACTION CASE

SELF-HELP FORM PACKET

SHC-APP-05 (Rev. 07/27/2021)

www.occourts.org/self-help

CR-141-INFO Information on Appeal Procedures for Infractions

For information about appeal procedures in other 1 What does this information sheet cases, see: cover? • Information on Appeal Procedures for This information sheet tells you about appeals in Misdemeanors (form CR-131-INFO) infraction cases. It is only meant to give you a general idea of the appeal process, so it does not cover • Information on Appeal Procedures for Limited everything you may need to know about appeals in Civil Cases (form APP-101-INFO) infraction cases. To learn more, you should read rules 8.900–8.929 of the California Rules of Court, which set You can get these forms at any courthouse or county out the procedures for infraction appeals. You can get law library or online at www.courts.ca.gov/forms. these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. “prejudicial error”). Prejudicial error can include 2 What is an infraction? things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appellant. When it conducts its review, the appellateInfractions are crimes that can be punished by a fine, division presumes that the judgment, order, or othertraffic school, or some form of community service but decision being appealed is correct. It is thenot by time in jail or prison. (See Penal Code sections responsibility of the appellant to show the appellate17, 19.6, and 19.8. You can get a copy of these laws at division that an error was made and that the errorhttp://leginfo.legislature.ca.gov/faces/codes.xhtml.) was harmful.Examples of infractions are many traffic violations for which you can get a ticket or violations of some city or • No substantial evidence: The appellant may also askcounty ordinances for which you can get a citation. If the appellate division to determine if there wasyou were also charged with or convicted of a substantial evidence supporting the judgment, order,misdemeanor, then your case is a misdemeanor case, not or other decision being appealed. When it conductsan infraction case. its review, the appellate division only looks to see if 3 there was evidence that reasonably supports the What is an appeal? decision. The appellate division generally will not reconsider the trial court’s conclusion about whichAn appeal is a request to a higher court to review a side had more or stronger evidence or whetherruling or decision made by a lower court. In an witnesses were telling the truth or lying.infraction case, the court hearing the appeal is the appellate division of the superior court, and the lower The appellate division generally will not overturn thecourt—called the “trial court” in this information judgment, order, or other decision being appealedsheet—is the superior court. unless the record clearly shows that one of these legal It is important to understand that an appeal is NOT a errors was made. new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new 4 Do I need a lawyer to appeal? exhibits. The appellate division’s job is to review a record of what happened in the trial court and the trial You do not have to have a lawyer; you are allowed to court’s decision to see if certain kinds of legal errors represent yourself in an appeal in an infraction case. But were made in the case: appeals can be complicated, and you will have to follow • Prejudicial error: The party that appeals (called the the same rules that lawyers have to follow. If you have “appellant”) may ask the appellate division to any questions about the appeal procedures, you should determine if an error was made about either the law talk to a lawyer. You will need to hire a lawyer yourself or court procedures in the case that caused if you want one. You can get information about finding a substantial harm to the appellant (this is called lawyer on the California Courts Online Self-Help Center

ther the law talk to a lawyer. You will need to hire a lawyer yourself or court procedures in the case that caused if you want one. You can get information about finding a substantial harm to the appellant (this is called lawyer on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-lowcosthelp.htm.

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Judicial Council of California, www.courts.ca.gov CR-141-INFO, Page 1 of 8 Rev. January 1, 2020, Optional Form Information on Appeal Procedures Cal. Rules of Court, rules 8.900–8.929 for Infractions

CR-141-INFO Information on Appeal Procedures for Infractions

If you are representing yourself, you must put your form CR-142 at any courthouse or county law library or address, telephone number, fax number (if available), online at www.courts.ca.gov/forms.htm. and e-mail address (if available) on the cover of every document you file with the court and let the court know 8 Is there a deadline for filing my noticeif this contact information changes so that the court can contact you if needed. of appeal? Yes. In an infraction case, you must file your notice of 5 Who can appeal? appeal within 30 days after the trial court makes (“renders”) its judgment in your case or issues the order Only a party in the trial court case can appeal a decision you are appealing. The date the trial court makes its in that case. You may not appeal on behalf of a friend, a judgment is normally the date the trial court orders you spouse, a child, or another relative. to pay a fine or orders other punishment in your case The party that is appealing is called the APPELLANT; (sentences you). This deadline for filing the notice of in an infraction case, this is usually the party convicted appeal cannot be extended. If your notice of appeal is of committing the infraction. The other party is called late, the appellate division will not be able to consider the RESPONDENT; in an infraction case, this is usually your appeal. the government agency that filed the criminal charges (on court papers, this party is called the People of the 9 How do I file my notice of appeal?State of California). To file the notice of appeal in an infraction case, you 6 Can I appeal any decision that the trial must bring or mail the original notice of appeal to the court made? clerk of the trial court in which you were convicted of the infraction. It is a good idea to bring or mail an extra No. Generally, you may appeal only a final judgment of copy to the clerk and ask the clerk to stamp it to show the trial court—the decision at the end that decides the that the original has been filed. whole case. The final judgment includes the punishment There is no fee for filing the notice of appeal in an that the court imposed. Other rulings made by the trial infraction case. You can ask the clerk of that court if court before final judgment cannot be separately there are any other requirements for filing your notice of appealed, but can be reviewed only later as part of an appeal. appeal of the final judgment. In an infraction case, the party that was convicted of committing an infraction After you file your notice of appeal, the clerk will send a usually appeals that conviction or the sentence (the fine copy of your notice to the office of the prosecuting or other punishment) ordered by the trial court. In an attorney (for example, the district attorney, county infraction case, a party can also appeal from an order counsel, city attorney, or state Attorney General). made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 10 If I file a notice of appeal, do I still have1466(2)(B). You can get a copy of this law at to pay my fine or complete other partshttp://leginfo.legislature.ca.gov/faces/codes.xhtml.) of my punishment? 7 How do I start my appeal? Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine orFirst, you must file a notice of appeal. The notice of completing any other part of your sentence. Toappeal tells the other party in the case and the trial court postpone your sentence, you must ask the trial court forthat you are appealing the trial court’s decision. You a “stay” of the judgment. If you want a stay, you mustmay use Notice of Appeal and Record on Appeal first ask the trial court for a stay. You can also apply to(Infraction) (form CR-142) to prepare and file a notice the appellate division for a stay, but you must show inof appeal in an infraction case. You can get your application to the appellate division that you first asked the trial court for a stay and that the trial court

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plication to the appellate division that you first asked the trial court for a stay and that the trial court

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CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request. Your fine or other record, it will not be able to consider what was said in parts of your punishment will not be postponed unless the trial court in deciding whether a legal error was made the trial court or appellate division grants a stay. If you and it may dismiss your appeal. do not get a stay and you do not pay your fine or satisfy another part of your sentence by the date ordered by the 13 What are the different forms of the court, a warrant may be issued for your arrest or a civil record?collections process may be started against you, which There are three ways a record of the oral proceedings incould result in a civil penalty being added to your fine. a trial court can be prepared and provided to the 11 Is there anything else I need to do appellate division in an infraction case: when I file my notice of appeal? a. You can use a statement on appeal. b. If the proceedings were officially electronically Yes. When you file your notice of appeal, you must tell recorded, the trial court can have a transcript the trial court (1) whether you have agreed with the prepared from the recording or, if the court has a respondent (“stipulated”) that you do not need parts of local rule permitting this and all the parties agree the normal record on appeal, and (2) whether you want a (“stipulate”), you can use the official electronic record of what was said in the trial court (this is called a recording itself as the record, instead of a transcript. record of the “oral proceedings”) sent to the appellate division and, if so, what form of that record you want to c. If a court reporter was there during the trial court use. Notice of Appeal and Record on Appeal (Infraction) proceedings, the reporter can prepare a record called (form CR-142) includes boxes you can check to tell the a “reporter’s transcript.” court whether and how you want to provide this record. Read below for more information about these options. a. Statement on appeal 12 In what cases does the appellate division need a record of the oral Description: A statement on appeal is a summary of proceedings? the trial court proceedings approved by the trial court judge who conducted the trial court You do not have to send the appellate division a record proceedings (the term “judge” includes of what was said in the trial court. But if you want to commissioners and temporary judges). raise any issue in your appeal that would require the When available: If the trial court proceedings were appellate division to consider what was said in the trial not recorded either by a court reporter or by official court, the appellate division will need a record of these electronic recording equipment or if you do not want oral proceedings. For example, if you are claiming that to use either of these forms of the record, you can there was not substantial evidence supporting the choose (“elect”) to use a statement on appeal as the judgment, order, or other decision you are appealing, the record of the oral proceedings in the trial court appellate division will need a record of the oral (please note that it may take more of your time to proceedings. Since the appellate division judges were prepare a statement on appeal than to use either a not there for the proceedings in the trial court, an official reporter’s transcript or electronic recording, if they record of these proceedings must be prepared and sent to are available). the appellate court for its review. Contents: A statement on appeal must include: Depending on what form of the record you choose to use, you will be responsible for paying to have the • A statement of the points you (the appellant) are official record of the oral proceedings prepared (unless raising on appeal; you are indigent) or for preparing an initial draft of the • A summary of the trial court’s rulings and record yourself. If you do not take care of these judgment; and responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate division does not receive the

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e trial court’s rulings and record yourself. If you do not take care of these judgment; and responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate division does not receive the

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• A summary of the testimony of each witness and clerk to stamp this copy to show that the original other evidence that is relevant to the issues you has been filed. are raising on appeal. You can get more information about how to serve (See rule 8.916 of the California Rules of Court for court papers and proof of service from What Is Proof more information about what must be included in a of Service? (form APP-109-INFO) and on the statement on appeal and the procedures for preparing California Courts Online Self-Help Center at a statement. You can get a copy of this rule at any www.courts.ca.gov/selfhelp-serving.htm. courthouse or county law library or online at Review and modifications: The prosecuting attorney www.courts.ca.gov/rules.) and any other party have 10 days from the date you Preparing a proposed statement: If you choose to serve your proposed statement to serve and file use a statement on appeal, you must prepare a proposed changes (called “amendments”) to this proposed statement. If you are not represented by a statement. The trial judge then reviews both your lawyer, you must use Proposed Statement on Appeal proposed statement and any proposed amendments (Infraction) (form CR-143) to prepare your proposed filed by the prosecuting attorney and any other party. statement. You can get form CR-143 at any The judge will then make or order you to make any courthouse or county law library or online at corrections or modifications to the proposed www.courts.ca.gov/forms. statement that are needed to make sure that the statement provides a complete and accurate Serving and filing a proposed statement: You must summary of the relevant testimony and other serve and file your proposed statement within 20 evidence. days after you file your notice of appeal. “Serve and file” means that you must: Completion and certification: If the judge makes or orders you to make any corrections or modifications • Have somebody over 18 years old mail, deliver, to the proposed statement, the corrected or modified or electronically send (“serve”) the proposed statement will be sent to you, the prosecuting statement to the prosecuting attorney and any attorney, and any other party for your review. If you other party in the way required by law. If the disagree with anything in the judge’s statement, you proposed statement is mailed or personally will have 10 days from the date the statement is sent delivered, it must be by someone who is not a to you to serve and file objections to the statement. party to the case—so not you. If the prosecuting The judge then reviews any objections, makes any attorney did not appear in your case, you do not additional corrections to the statement, and certifies need to serve the prosecuting attorney. the statement as a complete and accurate summary • Make a record that the proposed statement has of the relevant testimony and other evidence. been served. This record is called a “proof of Sending the statement to the appellate division: service.” Proof of Service (Appellate Division) Once the trial judge certifies the statement on (form APP-109) or Proof of Electronic Service appeal, the trial court clerk will send the statement to (Appellate Division) (form APP-109E) can be the appellate division along with the clerk’s used to make this record. The proof of service transcript. must show who served the proposed statement, who was served with the proposed statement, b. Official electronic recording or transcript how the proposed statement was served (by from official recording mail, in person, or electronically), and the date When available: In some infraction cases, the trial the proposed statement was served. court proceedings are officially recorded on approved electronic recording equipment. If your • File the original proposed statement and the case was officially recorded, you can ask to have a proof of service with the

court proceedings are officially recorded on
approved electronic recording equipment. If your • File the original proposed statement and the
case was officially recorded, you can ask to have a proof of service with the trial court. You should
transcript prepared for the appellate division from make a copy of the proposed statement you are
the official electronic recording of the proceedings. planning to file for your own records before you
You should check with the trial court to see if your file it with the court. It is a good idea to bring or
case was officially electronically recorded before mail an extra copy of the proposed statement to
you choose this option. Some courts also have local the clerk when you file your original and ask the

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rules that establish procedures for deciding whether misconduct in your case that harmed you, that is a statement on appeal or a transcript of only some of generally enough to show that you need a transcript. the oral proceedings will be a good enough record to If you ask for a transcript, the court may ask you consider the issues you are raising on appeal. You what issues you are raising on appeal and may should check whether the court has such a local rule. decide that a statement on appeal or a transcript of only some of the oral proceedings will be a good If the court has a local rule for the appellate division enough record to consider the issues you are raising. permitting this and all the parties agree (“stipulate”), a copy of the official electronic recording itself can If the court finds that you are not indigent, it will be used as the record of these oral proceedings send you a notice and you will have a chance to use instead of preparing a transcript. You should check a statement on appeal instead or take one of the other with the trial court to see if your case was officially actions listed in rule 8.917. electronically recorded and check to make sure that Completion and delivery: Once you deposit the there is a local rule permitting the use of the estimated cost of the transcript or official electronic recording itself before choosing this option. If you recording with the clerk or show the court you are choose this option, you must attach a copy of your indigent and need a transcript, the clerk will have the agreement with the other parties (called a transcript or copy of the recording prepared. When “stipulation”) to your notice regarding the oral the transcript is completed or the copy of the official proceedings. electronic recording is prepared, the clerk will send Cost: Ordinarily, the appellant must pay for the transcript or recording to the appellate division preparing the transcript or making a copy of the along with the clerk’s transcript. official electronic recording. The court will send you c. Reporter’s transcript an estimate of the cost for this transcript or the copy of the electronic recording. If you still want this When available: In some infraction cases, a court transcript or recording, you must deposit this amount reporter is there in the trial court and makes a record with the court. However, you can also choose to use of the oral proceedings. If a court reporter made a a statement on appeal instead, or take one of the record of your case, you can ask to have the court other actions listed in rule 8.917. reporter prepare a transcript of those oral proceedings, called a “reporter’s transcript.” You If, however, you are indigent (you cannot afford to should check with the trial court to see if a court pay the cost of the transcript or electronic reporter made a record of your case before you recording), you may be able to get a free transcript choose this option. Some courts also have local rules or official electronic recording. You can complete that establish procedures for deciding whether a and file Defendant’s Financial Statement on statement on appeal or a transcript of only some of Eligibility for Appointment of Counsel and the oral proceedings will be a good enough record to Reimbursement and Record on Appeal at Public consider the issues you are raising on appeal. You Expense (form CR-105) to show that you are should check whether the court has such a local rule. indigent. You can get form CR-105 at any courthouse or county law library or online at Cost: Ordinarily, the appellant must pay for www.courts.ca.gov/forms. The court will review this preparing a reporter’s transcript. The court reporter form to decide whether you are indigent. will provide the clerk of the trial court with an estimate of the cost of preparing the transcript, and If you are indigent, an official electronic recording the clerk will notify you of this estimate. If you want of your case was made, and you show that you need the reporter to prepare a transcript, you must deposit a transcript, the court must provide you with a free

al electronic recording the clerk will notify you of this estimate. If you want of your case was made, and you show that you need the reporter to prepare a transcript, you must deposit a transcript, the court must provide you with a free this estimated amount or one of the substitutes transcript. Whether you need a transcript depends on allowed under rule 8.919 with the clerk within 10 the issues you are raising on appeal. If the issues you days after the clerk sends you the estimate. are raising on appeal include that there was not However, under rule 8.919 you can decide to use a substantial evidence supporting the judgment, order, different form of the record or take other action or other decision you are appealing or that there was instead of proceeding with a reporter’s transcript.

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If, however, you are indigent (you cannot afford to • Documents filed in the trial court: The trial court pay the cost of the reporter’s transcript), you may be clerk is responsible for preparing a record of the able to get a free transcript. You can complete and written documents filed in your case, called a file Defendant’s Financial Statement on Eligibility “clerk’s transcript,” and sending this to the appellate for Appointment of Counsel and Reimbursement and division. (The documents the clerk must include in Record on Appeal at Public Expense (form CR-105) this transcript are listed in rule 8.912 of the to show that you are indigent. You can get form CR- California Rules of Court. You can get a copy of this 105 at any courthouse or county law library or rule at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will online at www.courts.ca.gov/rules.) review this form to decide whether you are indigent. • Exhibits submitted during trial: Exhibits, such as If the court finds that you are indigent, a court photographs or maps, that were admitted in reporter made a record of your case, and you show evidence, refused, or lodged (temporarily placed that you need a transcript, the court must provide with the court) in the trial court are considered part you with a free transcript. Whether you need a of the record on appeal. If you want the appellate transcript depends on the issues you are raising on division to consider an exhibit, however, you must appeal. If the issues you are raising on appeal ask the trial court clerk to send the original exhibit to include that there was not substantial evidence the appellate division within 10 days after the last supporting the judgment, order, or other decision respondent’s brief is filed in the appellate division. you are appealing or that there was misconduct in (See rule 8.921 of the California Rules of Court for your case that harmed you, that is generally enough more information about this procedure. You can get to show that you need a transcript. If you ask for a a copy of this rule at any courthouse or county law reporter’s transcript, the court may ask you what library or online at www.courts.ca.gov/rules.) issues you are raising on appeal and may decide that Sometimes, the trial court returns an exhibit to a a statement on appeal or a transcript of only some of party at the end of the trial. If the trial court returned the oral proceedings will be a good enough record to an exhibit to you or another party and you or the consider the issues you are raising. other party ask for the exhibit to be sent to the If the court finds that you are not indigent, it will appellate division, the party who has the exhibit send you a notice and you will have a chance to pick must deliver that exhibit to the appellate division as another form of the record or take other actions soon as possible. listed in rule 8.919. Completion and delivery: Once you deposit the 15 What happens after the record is estimated cost of the transcript or one of the prepared? substitutes allowed under rule 8.919 or show the court you are indigent and need a transcript, the As soon as the record of the oral proceeding is ready, the clerk will notify the reporter to prepare the clerk of the trial court will send it to the appellate transcript. When the reporter completes the division along with the clerk’s transcript. When the transcript, the clerk will send both the reporter’s appellate division receives this record, it will send you a transcript and clerk’s transcript to the appellate notice telling you when you must file your brief in the division. appellate division.

16 What is a brief? 14 Is there any other part of the record
that needs to be sent to the appellate
A brief is a party’s written description of the facts in the division? case, the law that applies, and the party’s argument about
the issues being appealed. If you are represented by aYes. There are two other parts of the official record that
lawyer in your appeal, your lawyer will prepare yourneed to be sent to the appellate division:
brief. If you are not represented by a lawyer in your
appeal, you will have to prepare your brief yourself. You

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should read rules 8.927–8.928 of the California Rules of You can get more information about how to serve court Court, which set out the requirements for preparing, papers and proof of service from What Is Proof of serving, and filing briefs in infraction appeals, including Service? (form APP-109-INFO) and at requirements for the format and length of these briefs. www.courts.ca.gov/selfhelp-serving.htm. You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. 17 What happens after I file my brief?Contents: If you are the appellant (the party who is appealing), your brief, called the “appellant’s opening Within 30 days after you serve and file your brief, the brief,” must clearly explain what you believe are the respondent (the prosecuting agency) may, but is not legal errors made in the trial court. Your brief must refer required to, respond by serving and filing a respondent’s to the exact places in the clerk’s transcript and the brief. If the respondent does not file a brief, the appellant statement on appeal (or other record of the oral does not automatically win the appeal. The court will proceedings) that support your argument. Remember decide the appeal on the record, the appellant’s brief, and that an appeal is not a new trial. The appellate division any oral argument by the appellant. will not consider new evidence, such as the testimony of If the respondent serves and files a brief, within 20 daysnew witnesses or new exhibits, so do not include any after the respondent’s brief was served, you may, but arenew evidence in your brief. not required to, serve and file another brief replying to Serving and filing: You must serve and file your brief in the respondent’s brief. This is called a “reply brief.” the appellate division by the deadline the court set in the notice it sent you, which is usually 30 days after the record is filed in the appellate division. If you do not 18 What happens after all the briefs have file your brief by the deadline set by the appellate been filed? division, the court may dismiss your appeal. Once all the briefs have been served and filed or the time“Serve and file” means that you must: to serve and file them has passed, the court will notify • Have somebody over 18 years old mail, deliver, or you of the date for oral argument in your case. electronically send (“serve”) the brief to the respondent (the prosecuting agency) and any other 19 What is oral argument? party in the way required by law. If the brief is mailed or personally delivered, it must be by “Oral argument” is the parties’ chance to explain their someone who is not a party to the case—so not you. arguments to the appellate division judges in person. • Make a record that the brief has been served. This You do not have to participate in oral argument, if you record is called a “proof of service.” Proof of Service do not want to; you can notify the appellate division that (Appellate Division) (form APP-109) or Proof of you want to “waive” oral argument. If all parties waive Electronic Service (Appellate Division) (form APP- oral argument, the judges will decide your appeal based 109E) can be used to make this record. The proof of on the briefs and the record that were submitted. But if service must show who served the brief, who was one party waives oral argument and another party or served with the brief, how the brief was served (by parties does not, the appellate division will hold oral mail, in person, or electronically), and the date the argument with the party or parties who did not waive it. brief was served. If you do choose to participate in oral argument, you will • File the original brief and the proof of service with have up to five minutes for your argument, unless the the appellate division. You should make a copy of court orders otherwise. Remember that the judges will the brief you are planning to file for your own already have read the briefs, so you do not need to read records before you file it with the court. It is a good your brief to the judges. It is more helpful to tell the idea to

ders otherwise. Remember that the judges will the brief you are planning to file for your own already have read the briefs, so you do not need to read records before you file it with the court. It is a good your brief to the judges. It is more helpful to tell the idea to bring or mail an extra copy of the brief to the judges what you think is most important in your appeal clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed.

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or ask the judges if they have any questions you could answer.

20 What happens after oral argument?

After oral argument is held (or the date it was scheduled passes if all the parties waive oral argument), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerk of the court will mail you a notice of that decision.

21 What should I do if I want to give up my appeal?

If you decide you do not want to continue with your appeal, you must file a written document with the appellate division notifying it that you are giving up (this is called “abandoning”) your appeal. You can use Abandonment of Appeal (Infraction) (form CR-145) to file this notice in an infraction case. You can get form CR-145 at any courthouse or county law library or online at www.courts.ca.gov/forms. If you decide not to continue your appeal and it is dismissed, you will (with only very rare exceptions) permanently give up the chance to raise any objections to your conviction, sentence, or other matter that you could have raised in the appeal. If your punishment was stayed during the appeal, you may be required to start complying with your punishment immediately after your appeal is dismissed.

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Notice of Appeal and Record on Clerk stamps date here when form is filed. CR-142 Appeal (Infraction)

Instructions

• This form is only for appealing in an infraction case, such as a case about a traffic ticket. You can get other forms for appealing in a civil or misdemeanor case at any courthouse or county law library or online at www. courts.ca.gov/forms.

• Before you fill out this form, read Information on Appeal Procedures for You fill in the name and street address of the court Infractions (form CR-141-INFO) to know your rights and responsibilities. that issued the judgment or order you are You can get form CR-141-INFO at any courthouse or county law library or appealing: online at www.courts.ca.gov/forms. Superior Court of California, County of ORANGE • You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.902(b) of the California Rules of Court for very limited exceptions). If your notice of appeal is late, the court will not take your appeal. You fill in the number and name of the trial court case in which you are appealing the judgment or • Fill out this form and make a copy of the completed form for your records. order: Trial Court Case Number: • Take or mail the completed form to the clerk’s office for the same trial court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that Trial Court Case Name: the original has been filed.

1 Your Information The clerk will fill in the number below: Appellate Division Case Number: a. Name of appellant (the party who is filing this appeal): Name:

b. Appellant’s contact information (required):
Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: E-mail:

c. Appellant’s lawyer in the trial court proceedings:
The lawyer filling out this form is is not representing the appellant in this appeal.

Name: State Bar number: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: E-mail: Fax:

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form Notice of Appeal and Record on Appeal CR-142, Page 1 of 4 Cal. Rules of Court, rules 8.831, 8.901, 8.910 (Infraction)

Trial Court Case Number:

Trial Court Case Name:

2 Judgment or Order You Are Appealing

I am/My client is appealing (check a, b, or c):

a. the final judgment of conviction in the case (Pen. Code, § 1466(b)(1)).
The trial court issued (rendered) this judgment on (fill in the date):

b. an order made by the trial court after judgment that affects an important (substantial) right of mine/my client
(Pen. Code, § 1466(b)(2)).
The trial court issued (rendered) this order on (fill in the date):

c. Other (describe the action you are appealing and indicate the date the trial court took the action):

Your Choices About the Record on Appeal

Stipulation for Limited Record

3 The respondent and I/my client have agreed (“stipulated”) under rule 8.910 that parts of the normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts of the record that are not required is attached. (At the top of each page write “CR-142, item 3.”) Record of Oral Proceedings You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the trial court proceedings in deciding whether an error was made in those proceedings.

4 I elect (choose)/My client elects to proceed (check a or b): a. WITHOUT a record of the oral proceedings in the trial court (skip item 5 ; sign and date this form). I understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a legal error was made.

(Write initials here):

b. WITH a record of the oral proceedings in the trial court (complete item 5 below). I understand that if I elect
(choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I
want to use and take the actions described below to make sure this record is provided to the appellate
division. I understand that if I do not take the actions described below and the appellate division does not
receive this record, I am not likely to succeed in my appeal.
(Write initials here):

5 I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one — a, b, c, or d):

a. Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check and
complete (1) or (2).)

Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 2 of 4 (Infraction)

Trial Court Case Number:

Trial Court Case Name:

5 (continued) (1) I have attached my proposed statement on appeal to this notice. (If you are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Infraction) (form CR-143) to prepare and file this proposed statement. You can get form CR-143 at any courthouse or county law library or online at www.courts.ca.gov/forms.)

(2) I have NOT attached my proposed statement on appeal to this notice. I understand that I must serve the
prosecuting attorney if the prosecuting attorney appeared in the case and file this proposed statement in
the trial court within 20 days of the date I file this notice and that if I do not file the proposed statement
on time, the court may proceed on the clerk’s transcript only.
OR
b. Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. Some courts also have local rules
that establish procedures for determining whether only a portion of a transcript or a different form of the
record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.
(Check and complete (1) or (2).)
(1) I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this
transcript, it will not be prepared and provided to the appellate division.

(2) I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I
have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel
and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You can get form CR-105
at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review
this form to decide if you are eligible for a free transcript.)

OR

c. Copy of Official Electronic Recording. This option is available only if an official electronic recording was made of what was said in the trial court, the court has a local rule for the appellate division permitting the use of the official electronic recording itself as the record of the court proceedings, and you and the respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the record of what was said in your case. Check with the trial court to see if an official electronic recording was made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with the respondent to this notice. (Check and complete (1) or (2).)

(1) I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I
do not pay for this recording, it will not be provided to the appellate division.

(2) I am asking that this official electronic recording be provided at no cost to me because I cannot afford to
pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105).
(You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.gov
/forms. The court will review this form to decide if you are eligible for a free copy of the official
electronic recording.)

Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 3 of 4 (Infraction)

Trial Court Case Number:

Trial Court Case Name:

5 (continued) OR

d. Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who
made a record of what was said in court. Check with the trial court to see if there was a court reporter in
your case before choosing this option. Some courts also have local rules that establish procedures for
determining whether only a portion of the reporter’s transcript or a different form of the record will be
sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.

Within 10 days of receiving the court reporter’s estimate of the cost of preparing the reporter’s transcript, I
will (check and complete one of the following):

(1) File with the trial court a certified transcript of all the proceedings required by rule
8.918.

(2) Pay for the transcript myself by depositing with the trial court an amount equal to the
estimated cost of the transcript.

(3) Pay the reporter directly and file with the trial court a written waiver of the deposit
that is signed by the reporter.

(4) Request a reporter’s transcript at no cost. I am asking that this transcript be provided
at no cost to me because I cannot afford to pay this cost. I have completed and
attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel
and Reimbursement and Record on Appeal at Public Expense (form CR-105). (You
can get form CR-105 at any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review this form to decide if you are
eligible for a reporter’s transcript at no cost to you.)

I understand that if I do not pay for this transcript and I am not eligible for a reporter’s transcript at no cost,
the reporter’s transcript will not be prepared and provided to the appellate division.

Date:

Type or print your name Signature of appellant or attorney

Revised January 1, 2020 Notice of Appeal and Record on Appeal CR-142, Page 4 of 4 (Infraction)

Proposed Statement on Appeal Clerk stamps date here when form is filed. CR-143 (Infraction)

Instructions • This form is only for preparing a statement on appeal in an infraction case, such as a case about a traffic ticket.

• Before you fill out this form, read Information on Appeal Procedures for Infractions (form CR-141-INFO) to know your rights and responsibilities. You can get form CR-141-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. • This form can be filed at the same time as your notice of appeal. If it is not Youthat issuedfill in thethenamejudgmentand streetor orderaddressyou areof the court filed with your notice of appeal, this form must be filed no later than 20 appealing: days after you file your notice of appeal. If you have chosen to use a Superior Court of California, County of statement on appeal and do not file this form on time, the court may ORANGE dismiss your appeal.

• Fill out this form and make a copy of the completed form for your records and for each of the other parties. • You must serve a copy of the completed form on each of the other parties in Youcasefillin inwhichthe numberyou are andappealingname ofthethejudgmenttrial courtor the case and keep proof of this service. You can get information about how order: to serve court papers and proof of service from What Is Proof of Service? Trial Court Case Number: (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. Trial Court Case Name: The People of the State of California • Take or mail the original completed form and proof of service on the other v. parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the You fill in the appellate division case number (if clerk and ask the clerk to stamp it to show that the original has been filed. you know it): Appellate Division Case Number:

1 Your Information a. Appellant (the party who is filing this appeal): Name: Street address: Street City State Zip Mailing address (if different): Street City State Zip Phone: Email:

b. Appellant’s lawyer (skip this if the appellant is filling out this form):
The lawyer filling out this form (check (1) or (2)):
(1) was the appellant’s lawyer in the trial court. is the appellant’s lawyer for this appeal.
Name: State Bar number:
Street address:
Street City State Zip
Mailing address (if different):
Street City State Zip
Phone: Email:
Fax:

www.courts.ca.govJudicial Council of California,

Rev. January 1, 2021, Optional Form Proposed Statement on Appeal CR-143, Page 1 of 7 Cal. Rules of Court, rule 8.837 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

Information About Your Appeal

2 On (fill in the date): , I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form.

Proposed Statement

3 Reasons for Your Appeal Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors were made in the trial court proceedings (read form CR-141-INFO to learn about these legal errors): • There was not “substantial evidence” supporting the judgment, order, or other decision you are appealing. • A “prejudicial error” was made during the trial court proceedings. The appellate division: • Cannot retry your case or take new evidence. • Cannot consider whether witnesses were telling the truth or lying. • Cannot consider whether there was more or stronger evidence supporting your position than there was supporting the trial court’s decision. (Check all that apply and describe the legal error or errors you believe were made that are the reason for this appeal.) a. There was not substantial evidence that supported the judgment, order, or other decision that I/my client indicated in the notice of appeal is being appealed in this case. (Explain why you think the judgment, order, or other decision was not supported by substantial evidence):

b. The following error or errors about either the law or court procedure was/were made that caused substantial
harm to me/my client. (Describe each error and how you were/your client was harmed by that error.)

(1) Describe the error:

Describe how this error harmed you/your client:

(2) Describe the error:

Describe how this error harmed you/your client:

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 2 of 7 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

(3) Describe the error:

Describe how this error harmed you/your client:

Check here if you need more space to describe these or other errors and attach a separate page or pages describing the errors. At the top of each page, write “CR-143, item 3.”

4 The Charges Against Me/My Client a. If the charges against you/your client are based on a citation (ticket) you received, provide the citation number (fill in the citation number from your ticket): b. The charges against me/my client were (list all of the charges indicated on the citation or complaint filed with the court by the prosecutor):

c. I/My client (check (1), (2), or (3))

(1) pleaded not guilty to all of the charges.

(2) pleaded guilty to only the following charges:

(3) pleaded guilty to all of these charges.

5 Summary of Any Motions and the Court's Order on the Motion

a. Were any motions (requests for the trial court to issue an order) made in this case that are relevant to the reasons
you gave in 3 for this appeal?
Yes (fill out b) No (skip to 6 )

b. In the spaces below, describe any motions (requests for orders) that were made in the trial court that are
relevant to the reasons you gave in 3 for this appeal. Write a complete and accurate summary of what was
said at any hearings on these motions and indicate how the trial court ruled on these motions:

(1) I/My client made the following requests (motions) in the trial court (check all that apply):

(a) To submit a photograph or photographs as evidence (describe the photographs):

There was was not a hearing on this motion.

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 3 of 7 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

5 b. (1) (a) If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing:

The court did did not accept the photographs.
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 5b(1)(a).”

(b) To submit a map or maps as evidence (describe the maps):

There was was not a hearing on this motion.

If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:

The court did did not accept the maps.
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 5b(1)(b).”

(c) To submit other material as evidence (describe what you asked to submit as evidence):

There was was not a hearing on this motion.

If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:

The court did did not accept this material.
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 5b(1)(c).”

(d) Other (describe any other request you made in the trial court and whether the court granted or
denied this request):

Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 5b(1)(d).”

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 4 of 7 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

5 b. (2) The prosecutor made the following request (motion) in the trial court (describe any request the prosecutor made in the trial court and whether the court granted or denied this request):

There was was not a hearing on this motion.

If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:

The court did did not grant this motion.

Other (describe any other action the trial court took on this motion):

Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 5b(2).”

(3) Check here if other motions were filed that are relevant to the reasons you gave in 3 for this appeal, and
attach a separate page or pages describing these other motions, identifying who made them and whether
there was a hearing on the motion, summarizing what was said at the hearing on the motion, and indicating
whether the trial court granted or denied the motion. At the top of each page, write CR-143, item 5b(3).

6 Summary of Testimony and Other Evidence

a. Was there a trial in your case?

No (skip items b, c, d, e and f, and go to item 7 )

Yes (complete items b, c, d, e and f)

b. Did you/your client testify at the trial?

No Yes (Write a complete and accurate summary of the testimony you/your client gave that is relevant to the reasons you gave in 3 for this appeal. Include only what you actually said; do not comment or give your opinion about what was said. Please indicate whether any objections were made concerning your/your client’s testimony or any exhibits you/your client asked to present and whether these objections were sustained.):

Check here if you need more space to summarize your/your client’s testimony and attach a separate page or pages summarizing this testimony. At the top of each page, write “CR-143, Item 6b.”

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 5 of 7 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

6 c. Did an officer from the police department, sheriff’s office, or other government agency that charged you/your client testify at the trial? (Check one): No Yes (fill out (1)–(2)):

(1) The witness’s name is (fill in the witness’s name):

(2) This witness testified that (Write a complete and accurate summary of the witness’s testimony that is
relevant to the reasons you gave in 3 for this appeal. Include only what the witness actually said; do not
comment on or give your opinion about what the witness said. Please indicate whether any objections were
made concerning this witness’s testimony or any exhibits this witness asked to present and whether these
objections were sustained.):

Check here if you need more space to summarize this witness’s testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-143, Item 6c.”

d. Were there any other witnesses at the trial?
No

Yes (fill out (1)–(4)):
(1) The witness’s name is (fill in the witness’s name):

(2) The witness was was not an officer from the government agency that charged me/my client.

(3) The witness testified on behalf of me/my client the prosecution.

(4) This witness testified that (Write a complete and accurate summary of the witness’s testimony that is
relevant to the reasons you gave in 3 for this appeal. Include only what the witness actually said; do
not comment on or give your opinion about what the witness said. Please indicate whether any objections
were made concerning the witness’s testimony or any exhibits the witness asked to present and whether
these objections were sustained.):

e. Check here if other witnesses gave testimony at the trial that is relevant to the reasons you gave in 3 for this
appeal. Attach a separate page or pages identifying each other witness that testified at your trial, stating
whether that witness testified on your/your client’s behalf or the prosecution’s behalf, summarizing the
witness’s testimony that is relevant to the reasons you gave in 3 for this appeal, and indicating whether any
objections were made concerning the witness’s testimony or any exhibits the witness asked to present and
whether these objections were sustained. At the top of each page, write “CR-143, item 6e.”

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 6 of 7 (Infraction)

The People of the State of California v. Trial Court Case Number:

Trial Court Case Name:

f. Summarize the evidence, other than testimony, that was given during the trial that is relevant to the reasons you gave in 3 for this appeal. (Write a complete and accurate summary of the evidence given by both you and the respondent. Include only the evidence given; do not comment on or give your opinion about this evidence.):

Check here if you need more space to summarize the evidence and attach a separate page or pages summarizing the evidence. At the top of each page, write “CR-135, Item 6f.”

7 The Trial Court's Findings

a. I/My client was found guilty of the following offenses (list all of the offenses for which you were/your client was found guilty):

b. I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your client was found not guilty):

c. The following charges were dismissed after proof of correction was shown to the judge (list all of the charges that were dismissed):

8 The Sentence

The trial court issued the following final judgment in this case (check all that apply and fill in any required
information):

a. A fine (fill in the amount of the fine): $

b. Traffic school

c. Community service (fill in the number of hours):

d. Other punishment (describe any other punishment that the court imposed in this case):
(describe any other punishment that the trial court imposed in this case):

REMINDER: You must serve and file this form no later than 20 days after you file your notice of appeal. If you do not file this form on time, the court may dismiss your appeal. Date:

Type or print your name Signature of appellant or attorney

Rev. January 1, 2021 Proposed Statement on Appeal CR-143, Page 7 of 7 (Infraction)

Order Concerning Appellant's Clerk stamps date here when form is filed. CR-144 Proposed Statement on Appeal (Infraction)

1 The court has received and reviewed the Proposed Statement on Appeal (form CR-143) filed by the appellant on (fill in date):

2 The court makes the following order: a. The court certifies that parts 4 through 8 of the statement as proposed by the appellant are an accurate summary of the testimony and other evidence that is relevant to the issues that the Clerkcourt: fills in the name and street address of the appellant indicated in item 3 are the reasons for this appeal. This Superior Court of California, County of statement is ready to be sent to the appellate division. ORANGE

b. Corrections are needed in order for parts 4 through 8 of the
statement proposed by the appellant to be an accurate summary of
the testimony and other evidence that is relevant to the issues the
appellant indicated in item 3 are the reasons for this appeal. Clerk fills in the number and name of the case:
Trial Court Case Number:
(1) A modified statement is attached to this order. This modified
statement must be sent to the parties. Trial Court Case Name:
The People of the State of California
v.
(2) The appellant is ordered to prepare a statement incorporating
the modifications listed below and to serve and file this Clerk fills in the number below:
modified statement.
Appellate Division Case Number:

(a)

(b)

(c)

(3) More corrections than could be listed above were needed in order for parts 4 through 8 of the
statement proposed by the appellant to be an accurate summary of the testimony and other evidence that
is relevant to the issues appellant indicated in item 3 are the reasons for this appeal. A list of the
required modifications is attached. The appellant is ordered to prepare a statement incorporating those
modifications and to serve and file this modified statement.

Judicial Council of California, www.courts.ca.gov Revised March 1, 2014, Optional Form Order Concerning Appellant's CR-144, Page 1 of 2 Cal. Rules of Court, rule 8.916(d) Proposed Statement on Appeal (Infraction)

Trial Court Case Number: Trial Court Case Name:

c. The proposed statement does not contain the following material required by rule 8.916:

The appellant is ordered to prepare a new proposal statement that includes this material.

d. The trial court proceedings in this case were reported by a court reporter or officially recorded electronically
under Government Code section 69957. Instead of correcting this statement, the court orders under rule
8.916(d)(6)(B) that a transcript be prepared as the record of these proceedings. (Check the court’s local rules
to make sure the court has adopted a rule providing that this option is available.)
e. This superior court has a local rule for the appellate division authorizing the use of an official electronic
recording as the record of the oral proceedings. The trial court proceedings in this case were officially
electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic
recording be prepared as the record of these proceedings at the court’s expense.

Date: Signature of trial court judicial officer

Revised March 1, 2014 Order Concerning Appellant's CR-144, Page 2 of 2 Proposed Statement on Appeal (Infraction)

APP-109-INFO What Is Proof of Service?

When a document is electronically served, it must be GENERAL INFORMATION served either by electronic transmission or by electronic notification. “Electronic transmission” means sending What does this information sheet cover? the document to the person’s electronic service address, an email address the person has given the This information sheet tells you how to fill out Proof of court and the other parties to the case for this purpose. Service (Appellate Division) (form APP-109) or Proof of “Electronic notification” means sending a notice to the Electronic Service (Appellate Division) (form APP- person with the exact name of the document and a 109E). This information sheet is not part of the proof of hyperlink—a link to a web address—at which the service and does not need to be copied, served, or filed. document may be viewed and downloaded. 1 What is “serving” a document? 2 What documents have to be served? “Serving” a document on a person means having the Rule 8.817 of the California Rules of Court requires that document delivered to that person. The general before you file any document with the court in a case in requirements for serving documents are set out in the appellate division of the superior court, you must California Code of Civil Procedure sections 1010.6– serve one copy of the document on each of the other 1013a (you can get a copy of these laws at any county parties in the case and on anyone else when required by law library or online at www.leginfo.ca.gov.calaw.html). law (statute or rule of court). Other rules require that There are three main ways to serve documents: (1) by certain documents in cases in the appellate division be mail, (2) by personal delivery, or (3) by electronic served, including the notice of appeal and the notice service. designating the record on appeal in appeals in limited civil cases and briefs in all appeals. (For moreWhen a document is served by mail, it must be put in a information about appeals in general and about thesesealed envelope or package that is addressed to the documents, read Information on Appeal Procedures forperson who is being served and that has the postage fully Limited Civil Cases (form APP-101-INFO), Informationprepaid. The envelope then has to be deposited with the on Appeal Procedures for Misdemeanors (form CR-131-U.S. Postal Service by leaving it at a U.S. Postal Service INFO), and Information on Appeal Procedures foroffice or mail drop or at an office or business mail drop Infractions (form CR-141-INFO).)where the person serving the document knows the mail is picked up every day and deposited with the U.S. 3 Who can serve a document?Postal Service. When a document is personally delivered to a party who State law (the Code of Civil Procedure) says that a is represented by an attorney, the document must either document in a court case can only be served by a person be given directly to the attorney representing that party who is over 18 years old. Service by mail or by personal or the document can be placed in an envelope or package delivery must be by someone who is not a party in the addressed to the attorney and left with the receptionist at case; electronic service may be performed directly by a the attorney’s office or with a person who is in charge of party. the attorney’s office. When a document is personally If you are a party in a case and wish to serve documentsserved on a party who is not represented by an attorney, by mail or by personal delivery, you must havethe document must either be given directly to the party someone else who is over 18 and who is not a party inor the document can be given to someone who is at least your case serve any documents in your case for you.18 years old at the party’s residence between the hours You will need to give the person who is serving theof eight in the morning and six in the evening. document for you (the server) the names and addresses You may be able to serve a document electronically if of all the people who need to be served with that the person being served has agreed to accept electronic document. You will also need to give the server one service or if the court has ordered the person to accept copy of each document that needs to be served for each electronic service. The requirements for electronic person who is being served. service are set out in California Code of Civil Procedure section 1010.6.

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Judicial Council of California, www.courts.ca.gov

ents for electronic person who is being served. service are set out in California Code of Civil Procedure section 1010.6.

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Judicial Council of California, www.courts.ca.gov APP-109-INFO, Page 1 of 5 Rev. January 1, 2021, Optional Form What Is Proof of Service?

APP-109-INFO What Is Proof of Service?

If you are serving documents electronically, you can do 6 How do I fill out the Proof of Service? so yourself or have another person over 18 do it for you. The person doing the serving (the server) will need the These instructions are for Proof of Service (Appellate names and electronic service addresses of everyone who Division) (form APP-109), if you are serving the must be served, as well as the document to be served in a document by mail or personal delivery. If you are form that allows it to be electronically transmitted or serving the document electronically, please see 7 , made available by hyperlink. below, for instructions on how to fill out Proof of Electronic Service (Appellate Division) (form APP- 4 What is proof of service? 109E).

A “proof of service” shows the court that a document You can fill out most of the information on Proof of was served as required by the law. Rule 8.817 also Service (Appellate Division) (form APP-109) by copying requires a party who is filing a document with the court the information from the document you are serving in a case in the appellate division to attach a proof of before you serve that document. However, you should service to the document the party wants to file. You can not sign and date the form until after you have finished use Proof of Service (Appellate Division) (form APP- serving the document. By signing form APP-109, you 109) or Proof of Electronic Service (Appellate Division) are swearing, under penalty of perjury, that the (form APP-109E) to give the court this proof of service information that you put in the form is true and in any case in the appellate division of the superior correct. court. The server should follow the instructions below for completing the Proof of Service (Appellate Division) When you fill out the Proof of Service (Appellate (form APP-109) or Proof of Electronic Service Division) (form APP-109), you should print neatly or (Appellate Division) (form APP-109E). If another person use a typewriter. If you have Internet access, you can fill is serving the documents for you–as is required if the out the form online at www.courts.ca.gov/forms (use the document will be served by mail or personal delivery– “fillable” version of the form). tell the server to give you the original form when it is filled out and signed. You will need to attach the original Filling in the top section of form APP-109: proof of service to the document you want to file. First box, right side of form: Leave this box blank for theIf you are electronically filing the document, the proof of court’s use.service may also be filed electronically. However, the original signed proof of service must be kept by the Second box, right side of form: Fill in the name of theparty filing the document and produced upon request. county in which the case is filed and the street address of the court. You can copy this information from the first INFORMATION FOR THE SERVER page of the document that you are serving. If the document you are serving is another Judicial Council form, this information will be in the second box on the right-hand side of the form. 5 Who fills out the Proof of Service or Proof of Electronic Service? Third box, right side of form: Fill in the trial court caseIf you are the server (the person who serves a document name and number. You can copy this information fromfor a party in a court case), you must prepare and sign the first page of the document that you are serving. If thethe proof of service. If you served the document by mail document you are serving is another Judicial Councilor personal delivery, you can use Proof of Service form, this information will be in the third box on the(Appellate Division) (form APP-109) to prepare this right-hand side of the form.proof of service in any case in the appellate division. If you served the document electronically, you can use Fourth box, right side of form: Fill in the appellate Proof of Electronic Service (Appellate Division) (form division case number, if you know it. If this number is APP-109E) to prepare the proof of service. available, it will be on the first page of the document that you are serving. If the document you are serving is

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 2 of 5

APP-109-INFO What Is Proof of Service?

another Judicial Council form, this number will be in the (a) Check box 4a(3)(a) if you are personally fourth box on the right-hand side of the form. depositing the document with the U.S. Postal Service, such as at a U.S. Post Office Filling in items 1–5: or U.S. Postal Service mailbox.

Items 1 and 2 : You are stating, under penalty of (b) Check box 4a(3)(b) if you are putting the perjury, that you are over the age of 18 and that you are document in the mail at your place of not a party in this court case. business.

Item 3 : Check one of the boxes and provide your home Once you have finished filling out these parts of the or business address. This information is important form, make one copy of Proof of Service (Appellate because, if you serve the document by mail, you must Division) (form APP-109) with this information live or work in the county from which the document was filled in for each person you are serving by mail. Put mailed. this copy of Proof of Service (Appellate Division) (form APP-109) in the envelope with the document Item 4 : Check or fill in the name of the document that you are serving. Seal the envelope and mail it as you you are serving. If the document you are serving is have indicated on the Proof of Service. another Judicial Council form, the name of the document is located on both the top and the bottom of the first page b. Check box 4b. If you personally delivered the of the form. If the document you are serving is not a documents. Remember, when a document is Judicial Council form, the name of the document should personally delivered to a party who is represented by be on the top of the first page of the document. an attorney, the document must either be given directly to the party’s attorney or the document can a. Check box 4a if you are serving the document by be placed in an envelope or package addressed to the mail. BEFORE YOU SEAL AND MAIL THE attorney and left with the receptionist at the ENVELOPE WITH THE DOCUMENT YOU ARE attorney’s office or with a person who is in charge of SERVING, fill in the following parts of the form. the attorney’s office. When a document is personally served on a party who is not represented by an (1) You are stating, under penalty of perjury, that attorney, the document must either be given directly you are putting one copy of the document you to the party or the document can be given to identified in item 4 in an envelope addressed to someone who is at least 18 years old at the party’s each person listed in 4a(2), sealing the envelope, residence between the hours of eight in the morning and putting first-class postage on the envelope. and six in the evening.

(2) Fill in the name and address of each person to For each person to whom you personally
whom you are mailing the document. You can delivered the document, fill in:
copy this information from the list of people to
be served or the envelopes provided by the party (a) The person’s name.
for whom you are serving the document. If you
need more space to list names and addresses, (b) The address at which you delivered the
check the box under item 4a(2) and attach a page document to this person.
listing them. At the top of the page, write
“APP-109, Item 4a.” (c) The date on which you delivered the
document to this person.
(3) Fill in the date you are mailing the document
and the city and state from which you are (d) The time at which you delivered the
mailing it. REMEMBER: You must live or work document.
in the county from which the document is
mailed. If you need space to list more names, addresses,
and delivery dates and times, check the box

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 3 of 5

APP-109-INFO What Is Proof of Service?

under 4b. and attach a page listing this Third box, right side of form: Fill in the trial court case
information. At the top of the page, write number and name. You can copy this information from
“APP-109, Item 4b.” the first page of the document that you are serving. If the
document you are serving is another Judicial Council

Item 5 : At the bottom of the form, type or print your form, this information will be in the third box on the name, sign the form, and fill in the date that you signed right-hand side of that form. the form. By signing this form, you are stating under penalty of perjury that all the information you filled Fourth box, right side of form: Fill in the appellate in on Proof of Service (Appellate Division) (form APP- division case number, if you know it. If this number is 109) is true and correct. available, it will be on the first page of the document that you are serving. If the document you are serving is After you have finished serving the document and filled another Judicial Council form, this information will be in, signed, and dated Proof of Service (Appellate in the fourth box on the right-hand side of that form. Division) (form APP-109), give the original completed form to the party for whom you served the document. Filling in items 1–5:

How do I fill out the Proof of Electronic Item 1 : You are stating, under penalty of perjury, that 7 Service? you are over the age of 18.

You can fill out most of the information on Proof of Item 2 : Electronic Service (Appellate Division) (form APP- a. Check one of the boxes and provide your home or 109E) by copying the information from the document business address. you are serving before you serve that document. However, you should not sign and date the form until b. Fill in your electronic service address. This is the after you have finished serving the document. By address at which you have agreed to accept electronic signing form APP-109E you are swearing under service, usually an email address. penalty of perjury that the information you have put in the form is true and correct. Item 3 : Check or fill in the name of the document that you are serving. If the document you are serving is You can fill out the Proof of Electronic Service another Judicial Council form, the name of the document (Appellate Division) (form APP-109E) online at is located on both the top and the bottom of the first page www.courts.ca.gov/forms (use the “fillable” version of of the form. If the document you are serving is not a the form), or you can print it out and fill it in, printing Judicial Council form, the name of the document should neatly or using a typewriter. be on the top of the first page of the document.

Filling in the top section of form APP-109E: Item 4 : Fill in the name of each person served, and the name or names of the parties represented, if the person First box, right side of form: Leave this box blank for the served is an attorney. For each person served, fill in that court’s use. person’s electronic service address and the date you served the person. If you need more space to list Second box, right side of form: Fill in the name of the additional persons served, check the box under item 4 county in which the case is filed and the street address of b. and attach a page listing them, with their electronic the court. You can copy this information from the first service addresses and the date each person was served. page of the document that you are serving. If the At the top of the page, write “APP-109E, Item 4.” document you are serving is another Judicial Council form, this information will be in the second box on the When you have filled in the information in items 1–4, right-hand side of that form. create an electronic copy of the Proof of Electronic Service (Appellate Division) (form APP-109E) with this

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 4 of 5

APP-109-INFO What Is Proof of Service?

information filled in. Transmit the filled-in form with the document you are serving to each person served.

Item 5 : At the bottom of the form, type or print your name, sign the form, and fill in the date that you signed the form. By signing this form, you are stating under penalty of perjury that all the information you filled in on the Proof of Electronic Service (Appellate Division) (form APP-109E) is true and correct. If you are not the party for whom the documents are served, give the original completed Proof of Electronic Service (Appellate Division) (form APP-109E) to the party for whom you served the document.

If you are electronically filing the document that is served, the proof of service may also be filed electronically. However, the original signed proof of service must be kept by the party filing it and produced upon request.

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Rev. January 1, 2021 What Is Proof of Service? APP-109-INFO, Page 5 of 5

Clerk stamps date here when form is filed. Proof of Service APP-109 (Appellate Division)

Instructions • This form is only for providing proof that a document has been served (delivered) in a proceeding in the superior court appellate division. If you are serving a document electronically, please use Proof of Electronic Service (Appellate Division) (form APP-109E). • The person who serves (delivers) a document in this case and who fills out this form: Must be at least 18 years old You fill in the name and street address of the court that issued the decision that is being challenged in Must NOT be a party in this case this case: • Before you fill out this form, read What Is Proof of Service? (form Superior Court of California, County of APP-109-INFO) to understand your responsibilities. ORANGE 700 CIVIC CENTER DRIVE 1 At the time I served the documents listed in 4 , I was at least 18 years old. SANTA ANA, CA 92701

2 I am not a party in the case identified in the box on the right side of this page. You fill in the number and name of the trial court case in which the decision being challenged was issued: 3 My home business address is: Trial Court Case Number:

Street City State Zip
Trial Court Case Name:

4 I mailed or personally delivered the following document, as indicated below (check or fill in the name of the document you are serving and check and complete either a or b). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)
Other (write in the name of the document):

a. Service by Mail

(1) I put one copy of the document identified 4 in an envelope addressed to each person listed in (2), sealed the envelope, and put first-class postage on the envelope.

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2017, Optional Form Proof of Service APP-109 Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

(2) The envelope or envelopes were addressed as follows:
(a) Name of person served:
Address on envelope:
Street City State Zip

(b) (Name of person served:

Address on envelope:
Street City State Zip
Check here if you mailed copies of the document identified in 4 to more people. Attach a
separate page listing the names and addresses on each additional envelope you mailed. Write
“APP-109, Item 4a” on the top of the page.

(3) I mailed the envelope or envelopes on (date): from (city):
(state): by depositing the envelope or envelopes (check one):
(a) With the U.S. Postal Service or
(b) At an office or business mail drop where I know the mail is picked up every day and deposited
with the U.S. Postal Service.

b. Service by Personal Delivery
I personally gave one copy of the document identified in 4 to each of the following people:
(1) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

(2) (a) Name of person served:

(b) (Address where you gave the documents to this person:

Street City State Zip
(c) Date when you gave the documents to this person:
(d) Time when you gave the documents to this person:

Check here if you gave copies of the document identified in 4 to more people. Attach a separate
page listing the names of each of these people, the address where you gave each of them the
document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the
top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

Rev. January 1, 2017 Proof of Service APP-109 Page 2 of 2 (Appellate Division)

Clerk stamps date here when form is filed. Proof of Electronic Service APP-109E (Appellate Division)

Instructions

• This form is only for providing proof that a document has been electronically served (delivered) in a proceeding in the superior court appellate division.

• The person who serves (delivers) a document in this case and who fills out this form must be at least 18 years old. You fill in the name and street address of the court that issued the decision that is being challenged in • Before you fill out this form, read What Is Proof of Service? (form this case: APP-109-INFO) to understand your responsibilities. Superior Court of California, County of

ORANGE

1 At the time I served the documents listed in 3 , I was at least 18 years 700 CIVIC CENTER DRIVE old. SANTA ANA, CA 92701

2 a. My home business address is: You fill in the number and name of the trial court case in which the decision being challenged was issued:

Trial Court Case Number:
Street City State Zip

b. My electronic service address is: Trial Court Case Name:

3 I electronically served the following document, as indicated below (check or fill in the name of the document you are serving). You fill in the appellate division case number (if you know it): Notice of Appeal/Cross Appeal (Limited Civil Case) Appellate Division Case Number:

Notice Designating Record on Appeal (Limited Civil Case)

Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)

Appellant’s Opening Brief

Respondent’s Brief

Appellant’s Reply Brief

Abandonment of Appeal (Limited Civil Case)

Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)

Other (write in the name of the document):

Judicial Council of California, www.courts.ca.gov New January 1, 2017, Optional Form Proof of Electronic Service APP-109E, Page 1 of 2 (Appellate Division)

Appellate Division Appellate Division Case Number: Case Name:

4 I electronically served the document checked in 3 as follows

a. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

b. (1) Name of person served: On behalf of (name or names of parties represented, if person served is an attorney):

(2) Electronic service address of person served:

(3) On (date):

Check here if you gave copies of the document listed in 3 to more people. Attach a separate page listing the names of these people, the names of parties represented if the person served is an attorney, the electronic service address used for each person served, and the date you electronically served the document. Write “APP-109E, Item 4” on top of the page.

5 I declare under penalty of perjury under California state law that the information above is true and correct.

Date:

Type or print server’s name Server signs here after serving

New January 1, 2017 Proof of Electronic Service APP-109E, Page 2 of 2 (Appellate Division)