Santa Barbara — APP-101-INFO

Source: https://www.courts.ca.gov/documents/app101info.pdf

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

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

Information on Appeal Procedures for Unlimited

1 What does this information sheet cover? Civil Cases (form APP-001-INFO) This information sheet tells you about appeals in limited civil cases. These are civil cases in which the amount of Information on Appeal Procedures for Infractions money claimed is $35,000 or less. (form CR-141-INFO)

If you are the party who is appealing (asking for the trial Information on Appeal Procedures for court’s decision to be reviewed), you are called the Misdemeanors (form CR-131-INFO) APPELLANT, and you should read Information for the You can get these forms at any courthouse or county Appellant, starting on page 2. If you received notice that law library or online at www.courts.ca.gov/forms. another party in your case is appealing, you are called the RESPONDENT and you should read Information for the Respondent, starting on page 11. Prejudicial error: The appellant (the party who is appealing) may ask the appellate division to decide if an This information sheet does not cover everything you may error was made about either the law or court procedures need to know about appeals in limited civil cases. It is in the case that caused substantial harm to the appellant meant only to give you a general idea of the appeal (this is called “prejudicial error”). process. To learn more, you should read rules 8.800–8.843 and 8.880–8.891 of the California Rules of Court, which Prejudicial error can include things like errors made by set out the procedures for limited civil appeals. You can get the judge about the law, errors or misconduct by the these rules at any courthouse or county law library or lawyers, incorrect instructions given to the jury, and online at www.courts.ca.gov/rules. misconduct by the jury that harmed the appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other decision being appealed is correct. It is the responsibility of the 2 What is an appeal? appellant to show the appellate division that an error An appeal is a request to a higher court to review a was made and that the error was harmful. decision made by a judge or jury in a lower court. In a No substantial evidence: The appellant may also asklimited civil case, the court hearing the appeal is the the appellate division to decide if there was substantialappellate division of the superior court and the lower evidence supporting the judgment, order, or othercourt—called the “trial court” in this information sheet decision being appealed. When it conducts its review,—is the superior court. the appellate division only looks to see if there was It is important to understand that an appeal is NOT a new evidence that reasonably supports the decision. The trial. The appellate division will not consider new appellate division generally will not reconsider the evidence, such as the testimony of new witnesses or new jury’s or trial court’s conclusion about which side had exhibits. The appellate division’s job is to review a record more or stronger evidence or whether witnesses were of what happened in the trial court and the trial court’s telling the truth or lying. decision to see if certain kinds of legal errors were made: The appellate division generally will not overturn the judgment, order, or other decision being appealed unless the record clearly shows that one of these legal errors was made.

Judicial Council of California, Page 1 of 15January 1, 2025, Optional Form www.courts.ca.gov Information on Appeal Procedures APP-101-INFO, Code of Civil Procedure, §§ 85–88;Cal. Rules of Court, rules 8.800–8.843, 8.800–8.891 for Limited Civil Cases

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

3 Do I need a lawyer to represent me in an 6 Can I appeal any decision the trial court appeal? made? No. Generally, you can only appeal the final judgment—You do not have to have a lawyer; if you are an individual the decision at the end that decides the whole case. Other(rather than a corporation, for example), you are allowed to rulings made by the trial court before the final judgmentrepresent yourself in an appeal in a limited civil case. But generally cannot be separately appealed but can beappeals can be complicated and you will have to follow the reviewed only later as part of an appeal of the finalsame rules that lawyers have to follow. If you have any judgment. There are a few exceptions to this general rule.questions about the appeal procedures, you should talk to a Code of Civil Procedure section 904.2 lists a few types oflawyer. orders in a limited civil case that can be appealed right If you decide not to use a lawyer, you must put your away. These include orders that: address, telephone number, fax number (if available), and Change or refuse to change the place of trial (venue) email address (if available) on the first page of every Grant a motion to quash service of summons or grant adocument you file with the court and let the court know if motion to stay or dismiss the action on the ground ofthis contact information changes so that the court can inconvenient forumcontact you if needed. Grant a new trial or deny a motion for judgment 4 Where can I find a lawyer to help me with notwithstanding the verdict my appeal? Discharge or refuse to discharge an attachment or grant a right to attach You have to hire your own attorney if you want one. You Grant or dissolve an injunction or refuse to grant or can get information about finding an attorney on the Self- dissolve an injunction Help Guide to the California Courts at Appoint a receiverselfhelp.courts.ca.gov/get-free-or-low-cost-legal-help. Are made after final judgment in the case (You can get a copy of Code of Civil Procedure section INFORMATION FOR THE APPELLANT 904.2 at leginfo.legislature.ca.gov/faces/codes.xhtml.)

7 How do I start my appeal?This part of the information sheet is written for the

appellant—the party who is appealing the trial court’s First, you must serve and file a notice of appeal. The notice decision. It explains some of the rules and procedures of appeal tells the other party or parties in the case and the relating to appealing a decision in a limited civil case. The trial court that you are appealing the trial court’s decision. information may also be helpful to the respondent. You may use Notice of Appeal/Cross-Appeal—Limited Additional information for respondents can be found Civil Case (form APP-102) to prepare a notice of appeal in starting on page 11 of this information sheet. a limited civil case. You can get form APP-102 at any courthouse or county law library or online at www.courts.ca.gov/forms. 5 Who can appeal? 8 How do I “serve and file” the notice of Only a party in the trial court case can appeal a decision in appeal? that case. You may not appeal on behalf of a friend, a “Serve and file” means that you must:spouse, a child, or another relative unless you are a legally Have somebody over 18 years old mail, deliver, orappointed representative of that person (such as the electronically send (“serve”) the notice of appeal to theperson’s guardian or conservator). other party or parties in the way required by law. If the notice of appeal is mailed or personally delivered, it must be by someone who is not a party to the case—so not you.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Make a record that the notice of appeal has been served. and that there are different fees for limited civil cases This record is called a “proof of service.” Proof of depending on the amount demanded in the case). If you Service (form APP-109) or Proof of Electronic Service cannot afford to pay the fee, you can ask the court to waive (Appellate Division) (form APP-109E) can be used to it. To do this, you must fill out and file a Request to Waive make this record. The proof of service must show who Court Fees (form FW-001). You can get form FW-001 at served the notice of appeal, who was served with the any courthouse or county law library or online at notice of appeal, how the notice of appeal was served www.courts.ca.gov/forms. You can file this application (by mail, in person, or electronically), and the date the either before you file your notice of appeal or with your notice of appeal was served. notice of appeal. The court will review this application to decide if you are eligible for a fee waiver. Bring or mail the original notice of appeal and the proof of service to the trial court that issued the judgment, order, or other decision you are appealing. You should 11 If I file a notice of appeal, do I still have make a copy of the notice of appeal you are planning to to do what the trial court ordered me to file for your own records before you file it with the do? court. It is a good idea to bring or mail an extra copy of Filing a notice of appeal does NOT automatically postpone the notice of appeal to the clerk when you file your most judgments or orders, such as those requiring you to original and ask the clerk to stamp this copy to show pay another party money or to deliver property to another that the original has been filed. party (see Code of Civil Procedure sections 917.1–917.9 You can get more information about how to serve court and 1176; you can get a copy of these laws at papers and proof of service from What Is Proof of Service? www.leginfo.legislature.ca.gov/faces/codes.xhtml). These (form APP-109-INFO) and on the Self-Help Guide to the kinds of judgments or orders will be postponed, or California Courts at www.courts.ca.gov/selfhelp- “stayed,” only if you request a stay and the court grants serving.htm. your request. In most cases, other than unlawful detainer cases in which the trial court’s judgment gives a party 9 Is there a deadline to file my notice of possession of the property, if the trial court denies your appeal? request for a stay, you can apply to the appellate division Yes. In a limited civil case, except in the very limited for a stay. If you do not get a stay and you do not do what circumstances listed in rule 8.823, you must file your the trial court ordered you to do, court proceedings to notice of appeal within 30 days after the trial court clerk or collect the money or otherwise enforce the judgment or a party serves either a document called a “Notice of Entry” order may be started against you. of the trial court judgment or a file-stamped copy of the judgment or within 90 days after entry of the judgment, 12 What do I need to do after I file my notice whichever is earlier. of appeal? This deadline for filing the notice of appeal cannot be You must ask the clerk of the trial court to prepare and extended. If your notice of appeal is late, the appellate send the official record of what happened in the trial court division will not be able to consider your appeal. in your case to the appellate division. Since the appellate division judges were not there to see10 Do I have to pay to file an appeal? what happened in the trial court, an official record of what Yes. Unless the court waives this fee, you must pay a fee happened must be prepared and sent to the appellate for filing your notice of appeal. You can ask the clerk of division for its review. You can use Appellant’s Notice the court where you are filing the notice of appeal what the Designating Record on Appeal (Limited Civil Case) (form fee is or look up the fee for an appeal in a limited civil case APP-103) to ask the trial court to prepare this record. You in the current Statewide Civil Fee Schedule linked at can get form APP-103 at any courthouse or county law www.courts.ca.gov/7646.htm (note that the “Appeal and library or online at www.courts.ca.gov/forms. Writ Related Fees” section is near the end of this schedule

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

You must serve and file this notice designating the record Read below for more information about these parts of the on appeal within 10 days after you file your notice of record. appeal. “Serving and filing” this notice means that you a. Record of what was said in the trial courtmust: (the “oral proceedings”) Have somebody over 18 years old mail, deliver, or The first part of the official record of the trial court electronically send (“serve”) the notice to the other proceedings is a record of what was said in the trial party or parties in the way required by law. If the notice court (this is called a record of the “oral is mailed or personally delivered, it must be by someone proceedings”). You do not have to send the appellate who is not a party to the case—so not you. division a record of the oral proceedings. But if you Make a record that the notice has been served. This want to raise any issue in your appeal that would record is called a “proof of service.” Proof of Service require the appellate division to consider what was (form APP-109) or Proof of Electronic Service (form said in the trial court, the appellate division will need APP-109E) can be used to make this record. The proof a record of those oral proceedings. For example, if of service must show who served the notice, who was you are claiming that there was not evidence served with the notice, how the notice was served (by supporting the judgment, order, or other decision you mail, in person, or electronically), and the date the are appealing, the appellate division will need a notice was served. record of the oral proceedings. Bring or mail the original notice and the proof of service You are responsible for deciding how the record of to the trial court that issued the judgment, order, or other the oral proceedings will be given and, depending on decision you are appealing. You should make a copy of what option you select and your circumstances, you the notice you are planning to file for your own records may also be responsible for paying for preparing this before you file it with the court. It is a good idea to record or for preparing an initial draft of the record. bring or mail an extra copy of the notice to the clerk If you do not take care of these responsibilities, a when you file your original and ask the clerk to stamp record of the oral proceedings in the trial court will this copy to show that the original has been filed. not be prepared and sent to the appellate division. If You can get more information about how to serve court the appellate division does not receive this record, papers and proof of service from What Is Proof of Service? it will not be able to review any issues that are (form APP-109-INFO) and on the Self-Help Guide to the based on what was said in the trial court and it California Courts at www.courts.ca.gov/selfhelp-serving may dismiss your appeal. .htm. In a limited civil case, you can use Appellant’s Notice Designating Record on Appeal (Limited Civil 13 What is the official record of the trial Case) (form APP-103) to tell the court whether you court proceedings? want a record of the oral proceedings and, if so, the There are three parts of the official record: form of the record that you want to use. You can get form APP-103 at any courthouse or county law A record of what was said in the trial court (this is library or online at www.courts.ca.gov/forms. called the “oral proceedings”) There are four ways in which a record of the oral A record of the documents filed in the trial court (other proceedings can be prepared for the appellate than exhibits) division: Exhibits that were admitted in evidence, refused, or If you or the other party arranged to have a court lodged (temporarily placed with the court) in the trial reporter there during the trial court proceedings, court the reporter can prepare a record, called a “reporter’s transcript.”

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

If the proceedings were officially electronically respondent may not designate a reporter’s recorded, the trial court can have a transcript transcript without first getting an order from the prepared from that recording or, if the court has a appellate division. local rule permitting this and you and the other Cost: The appellant is responsible for paying for party agree (“stipulate”) to this, you can use the preparing a reporter’s transcript. The trial court official electronic recording itself instead of a clerk or the court reporter will notify you of the transcript. cost of preparing an original and one copy of the You can use an agreed statement. reporter’s transcript. You must deposit payment for this cost (and a fee for the trial court) or one You can use a statement on appeal. of the substitutes allowed by rule 8.834 with the Read below for more information about these trial court clerk within 10 days after this notice is options. sent. (See rule 8.834 for more information about this deposit and the permissible substitutes, such (1) Reporter's transcript as a waiver of this deposit signed by the court Description: A reporter’s transcript is a written reporter.) record (sometimes called a “verbatim” record) of Unlike the fee for filing the notice of appeal and the oral proceedings in the trial court prepared by the costs for preparing a clerk’s transcript, the a court reporter. Rule 8.834 of the California court cannot waive the fee for preparing a Rules of Court establishes the requirements reporter’s transcript. A special fund, called the relating to reporter’s transcripts. Transcript Reimbursement Fund, may be able to When available: If a court reporter was there in help pay for the transcript. You can get the trial court and made a record of the oral information about this fund at www.courtreporter proceedings, you can choose (“elect”) to have the sboard.ca.gov/consumers/index.shtml#rtf . If you court reporter prepare a reporter’s transcript for are unable to pay the cost of a reporter’s the appellate division. In most limited civil cases, transcript, a record of the oral proceedings can be however, a court reporter will not have been there prepared in other ways, by using an agreed unless you or another party in your case made statement or a statement on appeal, which are specific arrangements to have a court reporter described below. there. Check with the court to see if a court Completion and delivery: After the cost of reporter made a record of the oral proceedings in preparing the reporter’s transcript or a your case before choosing this option. permissible substitute has been deposited, the Contents: If you elect to use a reporter’s court reporter will prepare the transcript and transcript, you must identify by date (this is submit it to the trial court clerk. When the record called “designating”) what proceedings you want is complete, the trial court clerk will submit the included in the reporter’s transcript. You can use original transcript to the appellate division and the same form you used to tell the court you send you a copy of the transcript. If the wanted to use a reporter’s transcript— respondent has purchased it, a copy of the Appellant’s Notice Designating Record on reporter’s transcript will also be mailed to the Appeal (Limited Civil Case) (form APP-103)—to respondent. do this. (2) Official electronic recording or transcript If you elect to use a reporter’s transcript, the When available: In some limited civil cases, the respondent also has the right to designate trial court proceedings were officially recorded additional proceedings to be included in the on approved electronic recording equipment. If reporter’s transcript. If you elect to procee

respondent also has the right to designate
trial court proceedings were officially recorded additional proceedings to be included in the
on approved electronic recording equipment. If reporter’s transcript. If you elect to proceed
your case was officially recorded, you can choose without a reporter’s transcript, however, the
(“elect”) to have a transcript prepared from the

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

recording. Check with the trial court to see if the (b) If the court has a local rule permitting the use oral proceedings in your case were officially of a copy of the electronic recording itself, rather electronically recorded before you choose this than a transcript, and you have attached your option. If the court has a local rule permitting this agreement with the other parties to do this and all the parties agree (“stipulate”), a copy of (“stipulation”) to the notice designating the an official electronic recording itself can be used record on appeal that you filed with the court, the as the record, instead of preparing a transcript. If trial court clerk will give you an estimate of the you choose this option, you must attach a copy of costs for this copy of the recording. You must this agreement (“stipulation”) to your notice pay this amount to the trial court. designating the record on appeal. If you cannot afford to pay the cost of preparing Contents: If you elect to use a transcript of an the transcript, the $50 fee, or the fee for the copy official electronic recording, you must identify of the official electronic recording, you can ask by date (this is called “designating”) what the court to waive these costs. To do this, you proceedings you want included in the transcript. must fill out and file a Request to Waive Court You can use the same form you used to tell the Fees (form FW-001). You can get form FW-001 court you wanted to use a transcript of an official at any courthouse or county law library or online electronic recording—Appellant’s Notice at www.courts.ca.gov/forms. The court will Designating Record on Appeal (form APP-103) review this application to decide if you are —to do this. eligible for a fee waiver. Cost: The appellant is responsible for paying the Completion and delivery: After the estimated court for the cost of either (a) preparing a cost of the transcript or official electronic transcript or (b) making a copy of the official recording has been paid or waived, the clerk will electronic recording. have the transcript or copy of the recording prepared. When the transcript is completed or the (a) If you elect to use a transcript of an official copy of the official electronic recording is electronic recording, you will need to deposit the prepared and the rest of the record is complete, estimated cost of preparing the transcript with the the clerk will send it to the appellate division. trial court clerk and pay the trial court a $50 fee. There are two ways to determine the estimated (3) Agreed statement cost of the transcript: Description: An agreed statement is a written You can use the amounts listed in rule summary of the trial court proceedings agreed to 8.130(b)(1)(B) for each full or half day of by all the parties. (See rule 8.836 of the court proceedings to estimate the cost of California Rules of Court.) making a transcript of the proceeding you have When available: If the trial court proceedings designated in your notice designating the were not recorded either by a court reporter or by record on appeal. Deposit this estimated official electronic recording equipment or if you amount and the $50 fee with the trial court do not want to use one of these options, you can clerk when you file your notice designating the choose (“elect”) to use an agreed statement as the record on appeal. record of the oral proceedings (please note that it You can ask the trial court clerk for an may take more of your time to prepare an agreed estimate of the cost of preparing a transcript of statement than to use either a reporter’s transcript the proceedings you have designated in you or official electronic recording, if they are notice designating the record on appeal. You available). must deposit this amount and the $50 fee with the trial court within 10 days of receiving the estimate from the clerk.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Contents: An agreed statement must explain A summary of the testimony of each witness what the trial court case was about, describe why and other evidence that is relevant to the issues the appellate division is the right court to you are raising on appeal. consider an appeal in this case (why the appellate (See rule 8.837 of the California Rules of Court division has “jurisdiction”), and describe the for more information about what must be rulings of the trial court relating to the points to included in a statement on appeal and the be made on appeal. procedures for preparing a statement. You can The statement should include only those facts get a copy of this rule at any courthouse or that you and the other parties think are needed to county law library or online at decide the appeal. www.courts.ca.gov/rules.) Preparation: If you elect to use this option, you Preparing a proposed statement: If you elect to must file the agreed statement with your notice use a statement on appeal, you must prepare a designating the record on appeal or, if you and proposed statement. If you are not represented by the other parties need more time to work on the a lawyer, you must use Proposed Statement on statement, you can file a written agreement with Appeal (Limited Civil Case) (form APP-104) to the other parties (called a “stipulation”) stating prepare your proposed statement. You can get that you are trying to agree on a statement. If you form APP-104 at any courthouse or county law file this stipulation, within the next 30 days you library or online at www.courts.ca.gov/forms. must either file the agreed statement or tell the Serving and filing a proposed statement: You court that you and the other parties were unable must serve and file the proposed statement with to agree on a statement and file a new notice the trial court within 20 days after you file your designating the record. notice designating the record. “Serve and file” means that you must: (4) Statement on appeal Have somebody over 18 years old mail, Description: A statement on appeal is a summary deliver, or electronically send (“serve”) the of the trial court proceedings that is approved by proposed statement to the respondent in the the trial court judge who conducted those way required by law. If the proposed statement proceedings (the term “judge” includes is mailed or personally delivered, it must be by commissioners and temporary judges). someone who is not a party to the case—so not When available: If the trial court proceedings you. were not recorded either by a court reporter or by Make a record that the proposed statement has official electronic recording equipment or if you been served. This record is called a “proof of do not want to use one of these options, you can service.” Proof of Service (form APP-109) or choose (“elect”) to use a statement on appeal as Proof of Electronic Service (form APP-109E) the record of the oral proceedings (please note can be used to make this record. The proof of that it may take more of your time to prepare a service must show who served the proposed statement on appeal than to use either a reporter’s statement, who was served with the proposed transcript or official electronic recording, if they statement, how the proposed statement was are available). served (by mail, in person, or electronically), Contents: A statement on appeal must include: and the date the proposed statement was A statement of the points you (the appellant) served. are making on appeal; File the original proposed statement and the A summary of the trial court’s rulings and proof of service with the trial court. You judgment; and should make a copy of the proposed statement you are planning to file for your own records

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

before you file it with the court. It is a good b. Record of the documents filed in the trial idea to bring or mail an extra copy of the court proposed statement to the clerk when you file The second part of the official record of the trial your original and ask the clerk to stamp this court proceedings is a record of the documents that copy to show that the original has been filed. were filed in the trial court. There are three ways in You can get more information about how to serve which a record of the documents filed in the trial court papers and proof of service from What Is court can be prepared for the appellate division: Proof of Service? (form APP-109-INFO) and on A clerk’s transcript or an appendix the Self-Help Guide to the California Courts at The original trial court file or www.courts.ca.gov/selfhelp-serving.htm. An agreed statement Review and modifications: The respondent has Read below for more information about these 10 days from the date you serve your proposed options. statement to serve and file proposed changes (called “amendments”) to this statement. The (1) Clerk's transcript or appendix trial court judge then reviews both your proposed Description: A clerk’s transcript is a record of statement and any proposed amendments filed by the documents filed in the trial court prepared by the respondent. The trial judge will either make the clerk of the trial court. An appendix is a or order you (the appellant) to make any record of these documents prepared by a party. corrections or modifications to the statement that (See rule 8.845 of the California Rules of Court.) are needed to make sure that the statement gives an accurate summary of the testimony and other Contents: Certain documents, such as the notice evidence relevant to the issues you stated you are of appeal and the trial court judgment or order making on appeal. being appealed, must be included in the clerk’s transcript or appendix. These documents are Completion and certification: If the judge makes listed in rule 8.832(a) and rule 8.845(b) of the any corrections or modifications to the proposed California Rules of Court and in Appellant’s statement, the corrected or modified statement Notice Designating Record on Appeal (Limited will be sent to you and the respondent for your Civil Case) (form APP-103). review. If the judge orders you to make any corrections or modifications to the proposed Clerk’s transcript: If you want any documents statement, you must serve and file the corrected other than those listed in rule 8.832(a) to be or modified statement within the time ordered by included in the clerk’s transcript, you must tell the judge. If you or the respondent disagree with the trial court in your notice designating the anything in the modified or corrected statement, record on appeal. You can use form APP-103 to you have 10 days from the date the modified or do this. You will need to identify each document corrected statement is sent to you to serve and you want included in the clerk’s transcript by its file objections to the statement. The judge then title and filing date or, if you do not know the reviews any objections, makes or orders you to filing date, the date the document was signed. make any additional corrections to the statement, If you—the appellant—request a clerk’s and certifies the statement as an accurate transcript, the respondent also has the right to ask summary of the testimony and other evidence the clerk to include additional documents in the relevant to the issues you stated you are making clerk’s transcript. If this happens, you will be on appeal. served with a notice saying what other Sending statement to the appellate division: documents the respondent wants included in the Once the trial court judge certifies the statement clerk’s transcript. on appeal, the trial court clerk will send the statement to the appellate division along with any record of the documents filed in the trial court.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Cost: The appellant is responsible for paying for The party preparing the appendix must serve the preparing a clerk’s transcript. The trial court appendix on each other party (unless the parties clerk will send you a bill for the cost of preparing have agreed or the appellate division has ordered an original and one copy of the clerk’s transcript. otherwise) and file the appendix in the appellate You must do one of the following things within division. The appellant’s appendix or a joint 10 days after the clerk sends this bill or the appendix must be served and filed before or appellate division may dismiss your appeal: together with the appellant’s opening brief. See 15 for information about the brief. Pay the bill. (2) Trial court file Ask the court to waive the cost because you cannot afford to pay. To do this, you must fill When available: If the court has a local rule out and file a Request to Waive Court Fees allowing this, the clerk can send the appellate (form FW-001). You can get form FW-001 at division the original trial court file instead of a any courthouse or county law library or online clerk’s transcript (see rule 8.833 of the California at www.courts.ca.gov/forms. The court will Rules of Court). review this application to decide if you are Cost: As with a clerk’s transcript, the appellant is eligible for a fee waiver. responsible for paying for preparing the trial court file. The trial court clerk will send you a Give the court a copy of a court order showing bill for this preparation cost. You must do one of that your fees in this case have already been the following things within 10 days after the waived by the court. clerk sends this bill or the appellate division may Completion and delivery: After the cost of dismiss your appeal: preparing the clerk’s transcript has been paid or Pay the bill. waived, the trial court clerk will compile the requested documents into a transcript format and, Ask the court to waive the cost because you when the record on appeal is complete, will cannot afford to pay. To do this, you must fill forward the original clerk’s transcript to the out and file a Request to Waive Court Fees appellate division for filing. The trial court clerk (form FW-001). You can get form FW-001 at will send you a copy of the transcript. If the any courthouse or county law library or online respondent bought a copy, the clerk will also at www.courts.ca.gov/forms. The court will send a copy of the transcript to the respondent. review this application to decide if you are eligible for a fee waiver. Appendix: If you choose to prepare an appendix of the documents filed in the superior court, Give the court a copy of a court order showing rather than designating a clerk’s transcript, that that your fees in this case have already been appendix must include all the documents and be waived by the court. prepared in the form required by rule 8.845 of the Completion and delivery: After the cost of California Rules of Court. The parties may preparing the trial court file has been paid or prepare separate appendixes or stipulate (agree) waived and the record on appeal is complete, the to a joint appendix. If separate appendixes are trial court clerk will send the file and a list of the prepared, each party must pay for its own documents in the file to the appellate division. appendix. If a joint appendix is prepared, the The trial court clerk will also send a copy of the parties can agree on how the cost of preparing the list of documents to the appellant and respondent appendix will be paid or the appellant will pay so that you can put your own files of documents the cost. from the trial court in the correct order.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

(3) Agreed statement 15 What is a brief? When available: If you and the respondent have Description: A “brief” is a party’s written description of already agreed to use an agreed statement as the the facts in the case, the law that applies, and the party’s record of the oral proceedings (see a(3) above) argument about the issues being appealed. If you are and agree to this, you can use an agreed represented by a lawyer in your appeal, your lawyer will statement instead of a clerk’s transcript. To do prepare your brief. If you are not represented by a lawyer, this, you must attach to your agreed statement all you will have to prepare your brief yourself. You should of the documents that are required to be included read rules 8.882–8.884 of the California Rules of Court, in a clerk’s transcript. which set out the requirements for preparing, serving, and c. Exhibits filing briefs in limited civil appeals, including requirements for the format and length of these briefs. You can get The third part of the official record of the trial court copies of these rules at any courthouse or county law proceeding is the exhibits, such as photographs, library or online at www.courts.ca.gov/rules. documents, or other items that were admitted in evidence, refused, or lodged (temporarily placed with Contents: If you are the appellant, your brief, called an the court) in the trial court. Exhibits are considered “appellant’s opening brief,” must clearly explain what you part of the record on appeal, but the clerk will not believe are the legal errors made in the trial court. Your include any exhibits in the clerk’s transcript unless brief must refer to the exact places in the clerk’s transcript you ask that they be included in your notice and the reporter’s transcript (or the other forms of the designating the record on appeal. Appellant’s Notice record you are using) that support your argument. Designating Record on Appeal (Limited Civil Case) Remember that an appeal is not a new trial. The appellate (form APP-103), includes a space for you to make division will not consider new evidence, such as the this request. You also can ask the trial court to send testimony of new witnesses or new exhibits, so do not original exhibits to the appellate division at the time include any new evidence in your brief. briefs are filed (see rule 8.843 for more information You may, but are not required to, fill out Appellant’s about this procedure and see below for information Opening Brief—Limited Civil Case (form APP-200) and about briefs). use it as your opening brief. You can get more information about using this form as your opening brief from How to Sometimes, the trial court returns an exhibit to a Use Form APP-200 in Limited Civil Cases (form party at the end of the trial. If the trial court returned APP-200-INFO). an exhibit to you or another party and you or the other party ask for that exhibit to be included in the Serving and filing: You must serve and file your brief in clerk’s transcript or sent to the appellate division, the the appellate division by the deadline the court set in the party who has the exhibit must deliver that exhibit to notice it sent you, which is usually 30 days after the record the trial court clerk as soon as possible. is filed in the appellate division or 60 days from the date the appellant chooses to proceed with no reporter’s 14 What happens after the official record transcript under rule 8.845. “Serve and file” means that you has been prepared? must: As soon as the record on appeal is complete, the clerk of Have somebody over 18 years old mail, deliver, or the trial court will send it to the appellate division. When electronically send (“serve”) the brief to the other the appellate division receives the record, it will send you a parties in the way required by law. If the brief is mailed notice telling you when you must file your brief in the or personally delivered, it must be by someone who is appellate division. not a party to the case—so not you. Make a record that the brief has been served. This record is called a “proof of service.” Proof of Service (form APP-109) or Proof of Electronic Service (form APP-109E) can be used to make this record. The proof

Rev. January 1, 2025 Information on Appeal Procedures APP-101-INFO, Page 10 of 15 for Limited Civil Cases

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

of service must show who served the brief, who was 17 What happens after all the briefs have served with the brief, how the brief was served (by mail, been filed? in person, or electronically), and the date the brief was Once all the briefs have been filed or the time to file them served. has passed, the appellate division will notify you of the File the original brief and the proof of service with the date for oral argument in your case. appellate division. You should make a copy of the brief you are planning to file for your own records before you 18 What is “oral argument”? file it with the court. It is a good idea to bring or mail an extra copy of the brief to the clerk when you file your “Oral argument” is the parties’ chance to explain their original and ask the clerk to stamp this copy to show arguments to the appellate division judges in person. You that the original has been filed. do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want Note: If a party chooses to prepare an appendix of the to “waive” oral argument. If all parties waive oral documents filed in the trial court instead of designating argument, the judges will decide your appeal based on the a clerk’s transcript, the appellant’s appendix or a joint briefs and the record that were submitted. But if one party appendix must be served and filed before or together waives oral argument and another party or parties does not, with the appellant’s opening brief. the appellate division will hold oral argument with the You can get more information about how to serve court party or parties who did not waive it. papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the Self-Help Guide to the If you do choose to participate in oral argument, you will California Courts at www.courts.ca.gov/selfhelp- have up to 10 minutes for your argument unless the serving.htm. appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not needYou and the other parties can agree (stipulate) to extend the to read your brief to the judges. It is more helpful to tell thetime for filing this brief by up to 30 days (see rule 8.882(b) judges what you think is most important in your appeal orfor requirements for these agreements). You can also ask ask the judges if they have any questions you could answer.the court to extend the time for filing this brief if you can show good cause for an extension (see rule 8.811(b) for a 19 What happens after oral argument?list of the factors the court will consider in deciding whether there is good cause for an extension). You may After oral argument is held (or the date it was scheduled use Application for Extension of Time to File Brief— passes if all the parties waive oral argument), the judges of Limited Civil Case (form APP-106) to ask the court for an the appellate division will make a decision about your extension. appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerkIf you do not file your brief by the deadline set by the of the court will mail you a notice of the appellateappellate division, the court may dismiss your appeal. division’s decision. 16 What happens after I file my brief? 20 What should I do if I want to give up my Within 30 days after you serve and file your brief, the appeal? respondent may, but is not required to, respond by serving If you decide you do not want to continue with yourand filing a respondent’s brief. If the respondent does not appeal, you must file a written document with the appellatefile a brief, the appellant does not automatically win the division notifying it that you are giving up (this is calledappeal. The court will decide the appeal on the record, the “abandoning”) your appeal. You can use Abandonment ofappellant’s brief, and any oral argument by the appellant. Appeal (Limited Civil Case) (form APP-107) to file this If the respondent files a brief, within 20 days after the notice in a limited civil case. You can get form APP-107 at respondent’s brief was filed, you may, but are not required any courthouse or county law library or online at to, file another brief replying to the respondent’s brief. This www.courts.ca.gov/f

Appeal (Limited Civil Case) (form APP-107) to file this

If the respondent files a brief, within 20 days after the notice in a limited civil case. You can get form APP-107 at respondent’s brief was filed, you may, but are not required any courthouse or county law library or online at to, file another brief replying to the respondent’s brief. This www.courts.ca.gov/forms. is called a “reply brief.”

Rev. January 1, 2025 Information on Appeal Procedures APP-101-INFO, Page 11 of 15 for Limited Civil Cases

APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

23 Is there a deadline to file a cross-appeal?

INFORMATION FOR THE RESPONDENT Yes. You must serve and file your notice of appeal within either the regular time for filing a notice of appeal This section of this information sheet is written for the (generally 30 days after mailing or service of Notice of respondent—the party responding to an appeal filed by Entry of the judgment or a file-stamped copy of the another party. It explains some of the rules and procedures judgment) or within 10 days after the clerk of the trial court relating to responding to an appeal in a limited civil case. mails notice of the first appeal, whichever is later. The information may also be helpful to the appellant. 24 I have received a notice designating the record on appeal from another party. Do I21 I have received a notice of appeal from need to do anything? another party. Do I need to do anything? You do not have to do anything. The notice of appeal You do not have to do anything. A notice designating the simply tells you that another party is appealing the trial record on appeal lets you know what kind of official record court’s decision. However, this would be a good time to get the appellant has asked to be sent to the appellate division. advice from a lawyer, if you want it. You do not have to Depending on the kind of record chosen by the appellant, have a lawyer; if you are an individual (not a corporation, however, you may have the option to: for example), you are allowed to represent yourself in an Add to what is included in the record appeal in a limited civil case. But appeals can be Participate in preparing the record orcomplicated and you will have to follow the same rules that Ask for a copy of the recordlawyers have to follow. If you have any questions about the appeal procedures, you Look at the appellant’s notice designating the record on should talk to a lawyer. You must hire your own lawyer if appeal to see what kind of record the appellant has chosen you want one. You can get information about finding a and read about that form of the record in the response to lawyer on the Self-Help Guide to the California Courts at question 13 above. Then read below for what your options selfhelp.courts.ca.gov/get-free-or-low-cost-legal-help. are when the appellant has chosen that form of the record.

a. Reporter's transcript

22 If the other party appealed, can I appeal If the appellant is using a reporter’s transcript, you too? have the option of asking for additional proceedings Yes. Even if another party has already appealed, you may to be included in the reporter’s transcript. To do this, still appeal the same judgment or order. This is called a within 10 days after the appellant files its notice “cross-appeal.” To cross-appeal, you must serve and file a designating the record on appeal, you must serve and notice of appeal. You can use Notice of Appeal/Cross- file a notice designating additional proceedings to be Appeal—Limited Civil Case (form APP-102) to file this included in the reporter’s transcript. notice in a limited civil case. Please read the information Whether or not you ask for additional proceedings tofor appellants about filing a notice of appeal, starting on be included in the reporter’s transcript, you mustpage 2 of this information sheet, if you are considering generally pay a fee if you want a copy of thefiling a cross-appeal. reporter’s transcript. The trial court clerk or reporter will send you a notice stating the cost of preparing a copy of the reporter’s transcript. If you want a copy of the reporter’s transcript, you must deposit this amount (and a fee for the trial court) or one of the substitutes allowed by rule 8.834 with the

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

trial court clerk within 10 days after this notice is Have somebody over 18 years old mail, deliver, or sent. (See rule 8.834 for more information about this electronically send (“serve”) the proposed deposit and the permissible substitutes, such as a amendments to the appellant in the way required waiver of this deposit signed by the court reporter.) by law. If the proposed amendments are mailed or personally delivered, it must be by someone who Unlike the fee for preparing a clerk’s transcript, the is not a party to the case—so not you. court cannot waive the fee for preparing a reporter’s transcript. A special fund, called the Transcript Make a record that the proposed amendments have Reimbursement Fund, may be able to help pay for been served. This record is called a “proof of the transcript. You can get information about this service.” Proof of Service (form APP-109) or fund at www.courtreportersboard.ca.gov/consumers/ Proof of Electronic Service (form APP-109E) can index.shtml#trf. The reporter will not prepare a copy be used to make this record. The proof of service of the reporter’s transcript for you unless you deposit must show who served the proposed amendments, the cost of the transcript, or one of the permissible who was served with the proposed amendments, substitutes, or your application for payment by the how the proposed amendments were served (by Transcript Reimbursement Fund is approved. mail, in person, or electronically), and the date the proposed amendments were served. If the appellant elects not to use a reporter’s transcript, you may not designate a reporter’s File the original proposed amendments and the transcript without first getting an order from the proof of service with the trial court. You should appellate division. make a copy of the proposed amendments you are planning to file for your own records before you b. Agreed statement file them with the court. It is a good idea to bring If you and the appellant agree to prepare an agreed or mail an extra copy of the proposed amendments statement (a summary of the trial court proceedings to the clerk when you file your original and ask the that is agreed to by the parties), you and the appellant clerk to stamp this copy to show that the original will need to reach an agreement on that statement has been filed. within 30 days after the appellant files its notice designating the record. You can get more information about how to serve court papers and proof of service from What Is Proof c. Statement on appeal of Service? (form APP-109-INFO) and on the Self- If the appellant elects to use a statement on appeal (a Help Guide to the California Courts at www.courts. summary of the trial court proceedings that is ca.gov/selfhelp-serving.htm. approved by the trial court), the appellant will send you a proposed statement to review. You will have d. Clerk's transcript or appendix 10 days from the date the appellant sent you this Clerk’s transcript: If the appellant is using a clerk’s proposed statement to serve and file suggested transcript, you have the option of asking the clerk to changes (called “amendments”) that you think are include additional documents in the clerk’s transcript. needed to make sure that the statement gives an To do this, within 10 days after the appellant serves accurate summary of the testimony and other its notice designating the record on appeal, you must evidence relevant to the issues the appellant stated serve and file a notice designating additional the appellant is making on appeal. “Serve and file” documents to be included in the clerk’s transcript. means that you must: You may use Respondent’s Notice Designating Record on Appeal—Limited Civil Case (form APP-110) for this purpose.

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

Whether or not you ask for additional documents to prepare your brief yourself. You should read rules 8.882– be included in the clerk’s transcript, you must pay a 8.884 of the California Rules of Court, which set out the fee if you want a copy of the clerk’s transcript. The requirements for preparing, serving, and filing briefs in trial court clerk will send you a notice stating the cost limited civil appeals, including requirements for the format for a copy of the clerk’s transcript. If you want a and length of these briefs. You can get these rules at any copy, you must deposit this amount with the court courthouse or county law library or online at www.courts. within 10 days after the clerk’s notice was sent. ca.gov/rules. If you cannot afford to pay this cost, you can ask the The appellant serves and files the first brief, called an court to waive it. To do this, you must fill out and file “appellant’s opening brief.” You may, but are not required a Request to Waive Court Fees (form FW-001). You to, respond by serving and filing a respondent’s brief can get form FW-001 at any courthouse or county within 30 days after the appellant’s opening brief is filed. law library or online at www.courts.ca.gov/forms. “Serve and file” means that you must: The court will review this application and decide if Have somebody over 18 years old mail, deliver, or you are eligible for a fee waiver. The clerk will not electronically send (“serve”) the brief to the other prepare a copy of the clerk’s transcript for you unless parties in the way required by law. If the brief is mailed you deposit payment for the cost or obtain a fee or personally delivered, it must be by someone who is waiver. not a party to the case—so not you. Appendix: If the appellant is using an appendix, and you and the appellant have not agreed to a joint Make a record that the brief has been served. This appendix, you may prepare a separate respondent’s record is called a “proof of service.” Proof of Service appendix. See pages 8–9 for more information about (form APP-109) or Proof of Electronic Service (form preparing an appendix. APP-109E) can be used to make this record. The proof of service must show who served the brief, who was If the appellant chooses a clerk’s transcript but does served with the brief, how the brief was served (by mail, not have a waiver of the fee for a clerk’s transcript, in person, or electronically), and the date the brief was you can choose an appendix instead of a clerk’s served. transcript, and the appeal will proceed by appendix. To choose an appendix, you can fill out and file File the original brief and the proof of service with the Respondent’s Notice Designating Record on Appeal appellate division. You should make a copy of the brief —Limited Civil Case (form APP-110) within 10 days you are planning to file for your own records before you after the appellant’s notice designating the record on file it with the court. It is a good idea to bring or mail an appeal is filed. extra copy of the brief to the clerk when you file your original and ask the clerk to stamp this copy to show 25 What happens after the official record that the original has been filed. You can get more has been prepared? information about how to serve court papers and proof of service from What Is Proof of Service? (form As soon as the record on appeal is complete, the clerk of APP-109-INFO) and on the Self-Help Guide to the the trial court will send it to the appellate division. When California Courts at www.courts.ca.gov/selfhelp- the appellate division receives this record, it will send you serving.htm. a notice telling you when you must file your brief in the appellate division. You may, but are not required to, fill out Respondent’s A brief is a party’s written description of the facts in the Brief—Limited Civil Case (form APP-201) and use it as case, the law that applies, and the party’s argument about your answering brief. You can get more information about the issues being appealed. If you are represented by a using this form as your answering brief from How to Use lawyer, your lawyer will prepare your brief. If you are not Form APP-201 in Limited Civil Cases (form represented by a lawyer in your appeal, you will have to APP-201-INFO).

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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases

You and the other parties can agree (stipulate) to extend the 26 What happens after all the briefs have time for filing this brief by up to 30 days (see rule 8.882(b) been filed? for requirements for these agreements). You can also ask Once all the briefs have been filed or the time to file themthe court to extend the time for filing this brief if you can has passed, the court will notify you of the date for oralshow good cause for an extension (see rule 8.811(b) for a argument in your case.list of the factors the court will consider in deciding whether there is good cause for an extension). You may “Oral argument” is the parties’ chance to explain their use Application for Extension of Time to File Brief— arguments to appellate division judges in person. You do Limited Civil Case (form APP-106) to ask the court for an not have to participate in oral argument if you do not want extension. to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, If you do not file a respondent’s brief, the appellant does the judges will decide the appeal based on the briefs and not automatically win the appeal. The court will decide the the record that were submitted. But if one party waives oral appeal on the record, the appellant’s brief, and any oral argument and another party or parties does not, the argument by the appellant. Remember that an appeal is not appellate division will hold oral argument with the party or a new trial. The appellate division will not consider new parties who did not waive it. evidence, such as the testimony of new witnesses or new After oral argument is held (or the scheduled date passes if exhibits, so do not include any new evidence in your brief. all parties waive argument), the judges of the appellate If you file a respondent’s brief, the appellant then has an division will make a decision about the appeal. The opportunity to serve and file another brief within 20 days appellate division has 90 days after oral argument to decide replying to your brief. the appeal. The clerk of the court will mail you a notice of the appellate division’s decision.

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