Santa Barbara — APP-001-INFO

Source: https://www.courts.ca.gov/documents/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 $35,000, 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 If you are the party who is appealing (asking for the trial Misdemeanors (form CR-131-INFO) court’s decision to be reviewed), you are called the You can get these forms at any courthouse or countyAPPELLANT, 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). Read rules 8.100–8.278 of the California Rules of 4 Can I appeal any decision the trial court Court, which set out the procedures for unlimited civil made? appeals. 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— the decision at the end that decides the whole case. Other Read the local rules and find out about self-help rulings made by the trial court before the final judgment resources for the district in which you filed your appeal at www.courts.ca.gov/courtsofappeal.htm. generally cannot be separately appealed but can be reviewed only later as part of an appeal of the final Visit the Self-Help Guide to the California Courts at judgment. There are a few exceptions to this general rule. selfhelp.courts.ca.gov/. Code of Civil Procedure section 904.1 lists a few types of 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? 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 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 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 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 Appoint a receiver. happened in the trial court and the trial court’s decision to 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 APP-001-INFO, Page 1 of 16Rev. January 1, 2025, Optional Form Information on Appeal Procedures Cal. Rules of Court, rules 8.100–8.278 for Unlimited Civil Cases

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

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 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? email 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 complete continue), and the other parties in your case informed of 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 your The Court of Appeal generally will not reconsider the contact information. That notice must be filed in the Court jury’s or the trial court’s conclusions about which side had of Appeal and served on the parties in the appellate more 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. 7 Where can I find a lawyer to help me withThe Court of Appeal will generally not overturn the my appeal?judgment, order, or other decision being appealed unless the record shows a prejudicial error was made. The You have to hire your own lawyer if you want one. You winning party does not have to prove that the can get information about finding a lawyer on the Self- judgment,order, or other decision was correct. Instead, it is Help Guide to the California Courts at up to the appellant to prove that the error was made and selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help. that the error affected the outcome of the case.

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

Unless you are filing electronically, it is a good idea to INFORMATION FOR THE APPELLANT 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 stamp this copy to show that the original has been filed.appellant—the party who is appealing the trial court’s 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-109-INFO) Additional information for respondents can be found and on the Self-Help Guide to the California Courts at starting on page 13 of this information sheet. www.courts.ca.gov/selfhelp-serving.htm. 10 Is there a deadline to serve and file my 8 How do I start my appeal? notice of appeal? First, you must serve and file a notice of appeal. The notice Yes. Generally, in an unlimited civil case, the notice ofof appeal tells the other party or parties in the case and the appeal must be served on the other party or parties in thetrial court that you are appealing the trial court’s decision. case and filed with the clerk of the superior court within 60You may use Notice of Appeal/Cross-Appeal—Unlimited days after the trial court clerk or a party serves either (1) aCivil Case (form APP-002) to prepare a notice of appeal in document called a “Notice of Entry” of the trial courtan unlimited civil case. You can get form APP-002 at any judgment or appealable order or (2) a file-stamped copy ofcourthouse or county law library or online at the judgment or appealable order.www.courts.ca.gov/forms. 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). 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.” Make a record that the notice of appeal has been served. To cross-appeal, a party must file a notice of appeal within This record is called a “proof of service.” Proof of either the regular time for filing a notice of appeal or Service (Court of Appeal) (form APP-009) or Proof of within 20 days after the clerk of the superior court mails Electronic Service (Court of Appeal) (form APP-009E) notice of the first appeal, whichever is later. A party that can be used to make this record. The proof of service wishes to cross-appeal may use Notice of Appeal/Cross- must show who served the notice of appeal, who was Appeal—Unlimited Civil Case (form APP-002) to file this served with the notice of appeal, how the notice of notice in an unlimited civil case. appeal was served (by mail, in person, or electronically), and the date the notice of appeal was 11 Do I have to pay a fee to file a notice served. of appeal? Bring or send (by mail or electronically) the original Yes. Unless the court waives this fee, you must pay a fee notice of appeal and the proof of service to the trial for filing your notice of appeal. You can ask the clerk of court that issued the judgment, order, or other decision the court where you are filing the notice of appeal what the you are appealing. You should make a copy of the fee is or look up the fee for an appeal in an unlimited civil notice of appeal you are planning to file for your own case in the current Statewide Civil Fee Schedule at records before you file it with the court. 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 12 If I file a notice of appeal, do I still have 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 get do? form APP-003 at any courthouse or county law library or online at www.courts.ca.gov/forms.htm.Filing a notice of appeal does NOT automatically postpone most judgments or orders, such as those requiring you to You must serve and file this notice designating the recordpay another party money, deliver property to another party, on appeal within 10 days after you file your notice ofor comply with child custody or visitation orders (see Code appeal. “Serving and filing” this notice means that youof Civil Procedure sections 917.1–917.9 and 1176; you can must:get a copy of these laws at www.leginfo.legislature.ca.gov. These kinds of judgments or orders will be postponed, or Have somebody over 18 years old mail, deliver, or “stayed,” only if you request a stay and the court grants electronically send (serve) the notice to the other party your request or some other procedure authorizes a stay or parties in the way required by law. If the notice is (such as filing a bond in appropriate cases). mailed or personally delivered, it must be by someone who is not a party to the case—-so not you.In most cases, if the trial court denies your request for a stay, you can apply to the Court of Appeal for a stay. If you Make a record that the notice has been served. This do not get a stay and you do not do what the trial court record is called a “proof of service.” Proof of Service ordered you to do, court proceedings to collect the money (Court of Appeal) (form APP-009) or Proof of or 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 Court of Appeal assigns the appeal a case number, the appellant must serve and file in the Bring or send (by mail or electronically) the original Court of Appeal a completed Civil Case Information notice and the proof of service to the trial court that Statement (form APP-004), attaching a copy of the issued the judgment, order, or other decision you are judgment or appealed order that shows the date it was appealing. You should make a copy of the notice you entered. See rules 8.100 and 8.104 of the California Rules are planning to file for your own records before you file of Court. You may check to see if the Court of Appeal has it with the court. Unless you are filing electronically, it assigned your appeal a case number by going to the is a good idea to bring or mail an extra copy of the Appellate Courts Case Information website, located at notice to the clerk when you file your original and ask appellatecases.courtinfo.ca.gov/index.cfm. the clerk to stamp this copy to show that the original has been filed.In addition, since the Court of Appeal justices were not there to see what happened in the trial court, an official record of what happened must be prepared and sent to the Court of Appeal for its review.

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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 Self- included in the clerk’s transcript, you must tell Help Guide to the California Courts at www.courts.ca.gov/ the trial court in your notice designating the 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. 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 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 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 Pay the bill. a record of the documents filed in the trial court can 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 A clerk’s transcript or an appendix, must fill out and file a Request to Waive The original trial court file, or Court Fees (form FW-001). You can get form 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. 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 Completion and delivery: After the cost of of the documents filed in the superior court, preparing the trial court file has been paid or rather than designating a clerk’s transcript, that waived and the record on appeal is complete, the appendix must include all of the documents and trial court clerk will number the pages and send be prepared in the form required by rule 8.124 of the file and a list of the documents in the file to the California Rules of Court. The parties may the Court of Appeal. The trial court clerk will prepare separate appendixes or stipulate (agree) also send a copy of the list of documents to the to a joint appendix. If separate appendixes are appellant and respondent so that you can put your prepared, each party must pay for its own own files of documents from the trial court in the appendix. If a joint appendix is prepared, the correct order and number the pages. parties can agree on how the cost of preparing the (3) Agreed statement appendix will be paid or the 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 before or not want to use that option, you can choose together with the appellant’s opening brief. (elect) to use an agreed statement as the record of See 16 for information 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 than to use a reporter’s transcript, if it is local rule allowing this, and the parties agree, the available. clerk can send the Court of Appeal the original Contents: An agreed statement must explain trial court file instead of a clerk’s transcript as a what the trial court case was about, describe why record of documents filed in the trial court (see the Court of Appeal is the right court to consider rule 8.128 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 trial court relating to the points to be raised on court file. The trial court clerk will send you a appeal. bill for 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: Pay the bill. Preparation: If you elect to use this option, you 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 waive

t 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 Give the trial court a copy of a court order notice designating the record within 50 days after showing that your fees in this case have filing the notice of appeal. already been waived by the court.

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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 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 You can use an agreed statement. determine the best option in your case. 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 Description: A reporter’s transcript is a written require the Court of Appeal to consider what was record (sometimes called a “verbatim” record) of said in the trial court, the Court of Appeal will need a the oral proceedings in the trial court prepared by record of those oral proceedings. For example, if you a court reporter. Rule 8.130 of the California are claiming that there was not substantial evidence Rules of Court establishes the requirements for supporting the judgment, order, or other decision you reporter’s transcripts. are appealing, the Court of Appeal will presume 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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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#trf. 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 permissible substitute has been deposited, the notice designating the record within 50 days after court reporter will prepare the transcript and filing 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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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 must serve and file the proposed statement you have an order waiving your court fees and within 30 days after filing your notice electing to costs. Please note that it may take more of your use a settled statement or within 30 days after the time to 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 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. Make a record that the proposed settled Contents: A settled statement must include: statement has been served. This record is 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 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. A copy of the judgment or order you are 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

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

ule 8.137 Appeal: Once the trial court judge certifies the for more information. statement or the trial court receives the parties’ Additional review procedures: If there is no stipulation, the trial court clerk will send the hearing after the respondent proposes changes to statement to the Court of Appeal as required the settled statement, and if the judge makes any under rule 8.150 of the California Rules of Court.

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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 part of the record on appeal, but the clerk will not Contents and format of briefs: If you are the appellant, include any exhibits in the clerk’s transcript unless your brief, called an “appellant’s opening brief,” must you ask that they be included in your notice clearly explain the legal errors you believe were made in designating the record on appeal. Appellant’s Notice the trial court. Your brief must refer to the exact places in Designating Record on Appeal (Unlimited Civil the clerk’s transcript and the reporter’s transcript (or the Case) (form APP-003) includes a space for you to other forms of the record you are using) that support your make this request. argument. Each brief must be no longer than 14,000 words if produced on a computer, including footnotes. A brief You also can ask the trial court to send original produced on a typewriter must not be longer than 50 pages. exhibits to the Court of Appeal at the time briefs are The brief must contain a table of contents and a table of filed. (See rule 8.224 for more information about this authorities. The cover of appellant’s opening brief filed in procedure and see below for information about paper form must be green. For other content and formatting briefs.) requirements for the brief, read rules 8.40 and 8.204 of the Sometimes, the trial court returns an exhibit to a California Rules of Court. party at the end of the trial. If the trial court returned 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 Appeal or 70 days from the date the appellant chooses to15 What happens after the official record proceed with no reporter’s transcript under rule 8.124. has been prepared? “Serve and file” means that you must: As soon as the record on appeal is complete, the clerk of 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. 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.

Rev. January 1, 2025 Information on Appeal Procedures APP-001-INFO, Page 11 of 16 for Unlimited Civil Cases

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

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, Note: If a party chooses to prepare an appendix of the the justices will decide your appeal based on the briefs and documents filed in the trial court instead of designating the appellate record. But if any party requests oral a clerk’s transcript, the appellant’s appendix or a joint argument, the Court of Appeal will hold oral argument. appendix must be served and filed before or together with the appellant’s opening brief. If you choose to participate in oral argument, you will have 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 Self-Help Guide to the California Courts 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 youYou 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 of Courttime for filing this brief if you can show good cause for an and online at www.courts.ca.gov/12421.htm.extension (see rule 8.63 for information about extensions of time). You may use Application for Extension of Time to File Brief—Unlimited 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 theCourt 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 of17 What happens after I file my brief? Appeal’s decision. Within 30 days after you serve and file your brief, the respondent must respond by serving and filing a 21 What should I do if I want to give up myrespondent’s brief. Within 20 days after the respondent’s appeal?brief was filed, you may, but are not required to, file another brief replying to the respondent’s brief. This is If you do not want to continue with your appeal, you must called a “reply brief.” notify the court. If the record has not yet been filed in the Court of Appeal, file Abandonment of Appeal (Unlimited 18 What happens after all the briefs Civil Case) (form APP-005) in the superior court. have been filed? If the record has already been filed in the Court of Appeal, After all the briefs have been filed or the time to file them file Request for Dismissal of Appeal (Civil Case) (form has passed, the Court of Appeal will contact you to tell you APP-007) in the Court of Appeal. the date for oral argument in your case or ask if you want to participate in oral argument.

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

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 Add to what is included in the record; complicated and you will have to follow the same rules that Participate in preparing the record; orlawyers have to follow. 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 Self-Help Guide to the California Courts at and read about that form of the record in the response to selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help. question 14 above. Then read below for what your options are when the appellant has chosen that form of the record. 23 If the other party appealed, can I appeal 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 “cross-appeal.” To cross-appeal, you must serve and file a transcript. To do this, within 10 days after the notice of appeal. You can use Notice of Appeal/Cross- appellant serves its notice designating the record on Appeal—Unlimited Civil Case (form APP-002) to file this appeal, you must serve and file a notice designating notice in an unlimited civil case. Please read the additional documents to be included in the clerk’s information for appellants about filing a notice of appeal, transcript. You may use Respondent’s Notice starting on page 3 of this information sheet, if you are Designating Record on Appeal—Unlimited Civil considering filing a cross-appeal. Case (form 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 Whether or not you ask for additional proceedings to be included in the clerk’s transcript, you must pay a be included in the reporter’s transcript, you must fee if you want a copy of the clerk’s transcript. The generally pay a fee if you want a copy of the trial court clerk will send you a notice indicating the reporter’s transcript. The trial court clerk or reporter cost for a copy of the clerk’s transcript. If you want a will send you a notice indicating the cost of copy, you must deposit this amount with the court preparing a copy of the reporter’s transcript. If you within 10 days after the clerk’s notice was sent. want a copy of the reporter’s transcript, you must deposit payment for this cost (and a fee for the trial If you cannot afford to pay this cost, you can ask the court) or one of the substitutes allowed by rule 8.130 trial court to waive it. To do this, you must fill out with the trial court clerk within 10 calendar days and file a Request to Waive Court Fees (form after this notice is sent. (See rule 8.130 for more FW-001). You can get form FW-001 at any information about this deposit and the permissible courthouse or county law library or online at substitutes, such as a waiver of this deposit signed by www.courts.ca.gov/forms. The trial court will review the court reporter.) this application and determine if you are eligible for a fee waiver. The clerk will not prepare a copy of the Unlike the fee for preparing a clerk’s transcript, the clerk’s transcript for you unless you deposit payment court cannot waive the fee for preparing a reporter’s for the cost or obtain a fee waiver. transcript. Money from a special fund, called the Transcript Reimbursement Fund, may be available to Appendix: If the appellant is using an appendix, and help you pay for the transcript. You can get you and the appellant have not agreed to a joint information about this fund at appendix, you may prepare a separate respondent’s www.courtreportersboard.ca.gov/consumers/ appendix. See pages 5–6 for more information about index.shtml#trf. preparing an appendix. The reporter will not prepare a copy of the reporter’s If the appellant chooses a clerk’s transcript but does transcript for you unless you deposit the cost of the not have a waiver of the fee for a clerk’s transcript, transcript, or provide one of the permissible you can choose an appendix instead of a clerk’s substitutes, or your application for payment by the transcript, and the appeal will proceed by appendix. Transcript Reimbursement Fund is approved. To choose an appendix, you can fill out and file Respondent’s Notice Designating Record on Appeal c. Agreed statement —Unlimited Civil Case (form APP-010) within 10 days after the appellant’s notice designating the If you and the appellant agree to prepare an agreed record on appeal is filed. 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 within 40 days after the appellant files its notice of If the appellant is using a reporter’s transcript, you appeal. See rule 8.134 of the California Rules of have the option of asking for additional proceedings Court. to be included in the reporter’s transcript. To do this, within 10 days after the appellant files its notice d. Settled statement designating the record on appeal, you must serve and If the appellant elects to use a settled statement (a file a notice designating additional proceedings to be summary of the trial court proceedings that is included in the reporter’s transcript. You may use approved by the trial court), the appellant will send Respondent’s Notice De

pellant elects to use a settled statement (a file a notice designating additional proceedings to be summary of the trial court proceedings that is included in the reporter’s transcript. You may use approved by the trial court), the appellant will send Respondent’s Notice Designating Record on Appeal you a proposed settled statement to review. You will —Unlimited Civil Case (form APP-010) for this have 20 days from the date the appellant served you purpose. this proposed statement to serve and file either:

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

Suggested changes (called “amendments”) that You can get more information about how to serve you think are needed to make sure that the settled court papers and proof of service from Information statement provides an accurate summary of the Sheet for Proof of Service (Court of Appeal (form evidence and testimony of each witness relevant APP-009-INFO) and on the Self-Help Guide to the to the issues the appellant is raising on appeal California Courts at www.courts.ca.gov/selfhelp- (see page 10 of this form and rule 8.137(e)–(h) serving.htm. for more information about the amendment process); or 26 What happens after the official record has been prepared? If the oral proceedings in the trial court were As soon as the record on appeal is complete, the clerk of reported by a court reporter, a notice indicating the trial court will send it to the Court of Appeal. When the that you are choosing to provide a reporter’s Court of Appeal receives this record, it will send you a transcript, at your expense, instead of proceeding notice telling you when you must file your brief in the with a settled statement (see rule 8.137(e)(2) for Court of Appeal. the requirements for choosing to provide a A brief is a party’s written description of the facts in the reporter’s transcript). case, the law that applies, and the party’s argument about Have somebody over 18 years old mail, personally the issues being appealed. If you are represented by a deliver, or electronically send (serve) the proposed lawyer, your lawyer will prepare your brief. If you are not amendments to the appellant in the way required by represented by a lawyer in your appeal, you will have to law. If the proposed amendments are mailed or prepare your brief yourself. personally delivered, it must be by someone who is You should read rules 8.200–8.224 of the California Rules not a party to the case—so not you. of Court, which set out the requirements for preparing, serving, and filing briefs in unlimited civil appeals, Make a record that the proposed amendments including requirements for the format and length of these have been served. This record is called a “proof briefs. You can get these rules at any courthouse or county of service.” Proof of Service (Court of Appeal) law library or online at www.courts.ca.gov/rules. (form APP-009) or Proof of Electronic Service (Court of Appeal) (form APP-009E) can be used The appellant serves and files the first brief, called an to make this record. The proof of service must “appellant’s opening brief.” You must respond by serving show who served the proposed amendments, who and filing a “respondent’s brief” within 30 days after the was served with the proposed amendments, how appellant’s opening brief is filed. “Serve and file” means the proposed amendments were served (by mail, that you must: in person, or electronically), and the date the Have somebody over 18 years old mail, personally proposed amendments were served. deliver, or electronically send (serve) the brief to the other parties in the way required by law. If the brief is File the original proposed amendments and the mailed or personally delivered, it must be by someone proof of service with the trial court. You should who is not a party to the case—so not you. make a copy of the proposed amendments you are planning to file for your own records before Make a record that the brief has been served. This you file them with the court. Unless you are filing record is called a “proof of service.” Proof of Service electronically, it is a good idea to bring or mail an (Court of Appeal) (form APP-009) or Proof of extra copy of the proposed amendments to the Electronic Service (Court of Appeal) (form APP-009E) clerk when you file your original and ask the can be used to make this record. clerk to stamp this copy to show that the original The proof of service must show who served the brief, has been filed. who was served with the brief, how the brief was served (by mail, in person, or electronically), and the date the brief was served.

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

File the original brief and the proof of service with the 27 What happens after all the briefs Court of Appeal. You should make a copy of the brief have been filed? you are planning to file for your own records before you After all the briefs have been filed or the time to file them file it with the court. Unless you are filing has passed, the Court of Appeal will contact you to tell you electronically, it is a good idea to bring or mail an extra the date for oral argument in your case or ask if you want copy of the brief to the clerk when you file your original to participate in oral argument. and ask the clerk to stamp this copy to show that the original has been filed. 28 What is “oral argument”? You can get more information about how to serve court papers and proof of service from Information Sheet for “Oral argument” is not a chance to present new evidence. Proof of Service (Court of Appeal) (form APP-009-INFO) Instead, it is a chance to orally explain the arguments you and on the Self-Help Guide to the California Courts at made in your brief to the Court of Appeal justices. You do www.courts.ca.gov/selfhelp-serving.htm. not have to participate in oral argument if you do not want to; you can notify the Court of Appeal that you want to You and the other parties can agree (stipulate) to extend the “waive” oral argument. If all parties waive oral argument, time for filing this brief by up to 60 days (see rule 8.212(b) the justices will decide your appeal based on the briefs and for requirements for these agreements). You can also apply the appellate record. But if any party requests oral to the presiding justice of the Court of Appeal to extend the argument, the Court of Appeal will hold oral argument. time for filing this brief if you can show good cause for an extension. You may use Application for Extension of Time If you choose to participate in oral argument, you will have to File Brief—Unlimited Civil Case (form APP-006) to ask a limited amount of time as set by the court. the court for an extension. Remember that the justices will have already read the If you do not file a respondent’s brief, the appellant does briefs, so you do not need to read your brief to the justices not automatically win the appeal. The court will decide the or merely repeat the information in it. It is more helpful to appeal on the record, the appellant’s brief, and any oral tell the justices what you think is most important in your argument by the appellant. Remember that an appeal is not appeal or ask the justices if they have any questions you a new trial. The Court of Appeal will not consider new could answer. evidence, such as new exhibits or the testimony of new witnesses, so do not include any new evidence in your You can find more information about oral argument in brief. appeals cases in rule 8.256 of the California Rules of Court and online at www.courts.ca.gov/12421.htm.If you file a respondent’s brief, the appellant then has an opportunity to serve and file another brief within 20 days to reply to your brief. 29 What happens after oral argument? After oral argument is held or waived, the justices of the 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.

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