State statute
Amador — APP-101-INFO
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-27
- Jurisdiction
- Amador County
Amador — APP-101-INFO¶
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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases
GENERAL INFORMATION For information about appeal procedures in other kinds of cases, see: • Information on Appeal Procedures for Unlimited 1 What does this information sheet Civil Cases (form APP-001) cover? • Information on Appeal Procedures for Infractions This information sheet tells you about appeals in limited (form CR-141-INFO) civil cases. These are civil cases in which the amount of • Information on Appeal Procedures formoney claimed is $25,000 or less. Misdemeanors (form CR-131-INFO) If you are the party who is appealing (asking for the trial You can get these forms at any courthouse or county law court’s decision to be reviewed), you are called the library or online at www.courts.ca.gov/forms. APPELLANT, and you should read Information for the Appellant, starting on page 2. If you received notice that another party in your case is appealing, you are called • Prejudicial error: The appellant (the party who is the RESPONDENT and you should read Information for appealing) may ask the appellate division to the Respondent, starting on page 11. determine if an error was made about either the law or court procedures in the case that caused This information sheet does not cover everything you substantial harm to the appellant (this is called may need to know about appeals in limited civil cases. It “prejudicial error”). is meant only to give you a general idea of the appeal process. To learn more, you should read rules 8.800– Prejudicial error can include things like errors made 8.843 and 8.880–8.891 of the California Rules of Court, by the judge about the law, errors or misconduct by which set out the procedures for limited civil appeals. the lawyers, incorrect instructions given to the jury, You can get these rules at any courthouse or county law and misconduct by the jury that harmed the library or online at www.courts.ca.gov/rules. appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other 2 What is an appeal? decision being appealed is correct. It is the responsibility of the appellant to show the appellate An appeal is a request to a higher court to review a division that an error was made and that the error decision made by a judge or jury in a lower court. In a was harmful. limited civil case, the court hearing the appeal is the • No substantial evidence: The appellant may also ask appellate division of the superior court and the lower the appellate division to determine if there was court—called the “trial court” in this information substantial evidence supporting the judgment, order, sheet—is the superior court. or other decision being appealed. When it conducts its review, the appellate division only looks to see if It is important to understand that an appeal is NOT a there was evidence that reasonably supports the new trial. The appellate division will not consider new decision. The appellate division generally will not evidence, such as the testimony of new witnesses or new reconsider the jury’s or trial court’s conclusion about exhibits. The appellate division’s job is to review a which side had more or stronger evidence or whether record of what happened in the trial court and the trial witnesses were telling the truth or lying. court’s 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, www.courts.ca.gov APP-101-INFO, Page 1 of 15Revised January 1, 2021, Optional Form Information on Appeal Procedures Code of Civil Procedure, §§ 85–88 Cal. Rules of Court, rules 8.800–8.843, 8.800–8.891 for Limited Civil Cases
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APP-101-INFO Information on Appeal Procedures for Limited Civil Cases
6 Can I appeal any decision the trial 3 Do I need a lawyer to represent me in court made? an appeal? No. Generally, you can only appeal the final judgment—You do not have to have a lawyer; if you are an the decision at the end that decides the whole case. Otherindividual (rather than a corporation, for example), you rulings made by the trial court before the final judgmentare allowed to represent yourself in an appeal in a generally cannot be separately appealed but can belimited civil case. But appeals can be complicated and reviewed only later as part of an appeal of the finalyou will have to follow the same rules that lawyers have judgment. There are a few exceptions to this generalto follow. If you have any questions about the appeal rule. Code of Civil Procedure section 904.2 lists a fewprocedures, you should talk to a lawyer. types of orders in a limited civil case that can be appealed right away. These include orders that:If you decide not to use a lawyer, you must put your address, telephone number, fax number (if available), • Change or refuse to change the place of trial (venue) and e-mail address (if available) on the first page of • Grant a motion to quash service of summons orevery document you file with the court and let the court grant a motion to stay or dismiss the action on theknow if this contact information changes so that the ground of inconvenient forumcourt can contact you if needed. • Grant a new trial or deny a motion for judgment 4 Where can I find a lawyer to help me notwithstanding the verdict with my appeal? • Discharge or refuse to discharge an attachment or grant a right to attachYou have to hire your own attorney if you want one. You can get information about finding an attorney on the • Grant or dissolve an injunction or refuse to grant or California Courts Online Self-Help Center at dissolve an injunction www.courts.ca.gov/selfhelp-lowcosthelp.htm in the • Appoint a receiverGetting Started section. • 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 http://leginfo.legislature.ca.gov/faces /codes.xhtml.) This part of the information sheet is written for the 7 How do I start my appeal?appellant—the party who is appealing the trial court’s decision. It explains some of the rules and procedures First, you must serve and file a notice of appeal. Therelating to appealing a decision in a limited civil case. notice of appeal tells the other party or parties in the case The information may also be helpful to the respondent. and the trial court that you are appealing the trial court’s Additional information for respondents can be found decision. You may use Notice of Appeal/Cross-Appeal starting on page 11 of this information sheet. (Limited Civil Case) (form APP-102) to prepare a notice of appeal in a limited civil case. You can get form APP-102 at any courthouse or county law library or 5 Who can appeal? online at www.courts.ca.gov/forms. Only a party in the trial court case can appeal a decision 8 How do I “serve and file” the noticein that case. You may not appeal on behalf of a friend, a of appeal?spouse, a child, or another relative unless you are a legally appointed representative of that person (such as the person’s guardian or conservator). “Serve and file” means that you must: • Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the notice of appeal to the other party or parties in the way required by law. If the notice of appeal is mailed or personally
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ally send (“serve”) the notice of appeal to the other party or parties in the way required by law. If the notice of appeal is mailed or personally
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delivered, it must be by someone who is not a party Yes. Unless the court waives this fee, you must pay a fee to the case—so not you. for filing your notice of appeal. You can ask the clerk of the court where you are filing the notice of appeal what• Make a record that the notice of appeal has been the fee is or look up the fee for an appeal in a limited served. This record is called a “proof of service.” civil case in the current Statewide Civil Fee Schedule Proof of Service (Appellate Division) (form APP- linked at www.courts.ca.gov/7646.htm (note that the 109) or Proof of Electronic Service (Appellate “Appeal and Writ Related Fees” section is near the end Division) (form APP-109E) can be used to make this of this schedule and that there are different fees for record. The proof of service must show who served limited civil cases depending on the amount demanded the notice of appeal, who was served with the notice in the case). If you cannot afford to pay the fee, you can of appeal, how the notice of appeal was served (by ask the court to waive it. To do this, you must fill out mail, in person, or electronically), and the date the and file a Request to Waive Court Fees (form FW-001). notice of appeal was served. You can get form FW-001 at any courthouse or county • Bring or mail the original notice of appeal and the law library or online at www.courts.ca.gov/forms. You proof of service to the trial court that issued the can file this application either before you file your notice judgment, order, or other decision you are appealing. of appeal or with your notice of appeal. The court will You should make a copy of the notice of appeal you review this application to determine if you are eligible are planning to file for your own records before you for a fee waiver. file it with the court. It is a good idea to bring or mail an extra copy of the notice of appeal to the 11 If I file a notice of appeal, do I still have to clerk when you file your original and ask the clerk to do what the trial court ordered me to do? stamp this copy to show that the original has been filed. Filing a notice of appeal does NOT automatically postpone most judgments or orders, such as thoseYou can get more information about how to serve court requiring you to pay another party money or to deliverpapers and proof of service from What Is Proof of property to another party (see Code of Civil ProcedureService? (form APP-109-INFO) and on the California sections 917.1–917.9 and 1176; you can get a copy ofCourts Online Self-Help Center at these laws at www.leginfo.legislature.ca.gov/faceswww.courts.ca.gov/selfhelp-serving.htm. /codes.xhtml). These kinds of judgments or orders will be postponed, or “stayed,” only if you request a stay and 9 Is there a deadline to file my notice of the court grants your request. In most cases, other than appeal? unlawful detainer cases in which the trial court’s judgment gives a party possession of the property, if the Yes. In a limited civil case, except in the very limited trial court denies your request for a stay, you can apply circumstances listed in rule 8.823, you must file your to the appellate division for a stay. If you do not get a notice of appeal within 30 days after the trial court clerk stay and you do not do what the trial court ordered you or a party serves either a document called a “Notice of to do, court proceedings to collect the money or Entry” of the trial court judgment or a file-stamped copy otherwise enforce the judgment or order may be started of the judgment or within 90 days after entry of the against you. judgment, whichever is earlier. 12 What do I need to do after I file myThis deadline for filing the notice of appeal cannot be notice of appeal?extended. If your notice of appeal is late, the appellate division will not be able to consider your You must ask the clerk of the trial court to prepare an
12 What do I need to do after I file myThis deadline for filing the notice of appeal cannot be notice of appeal?extended. If your notice of appeal is late, the
appellate division will not be able to consider your You must ask the clerk of the trial court to prepare and appeal. send the official record of what happened in the trial court in your case to the appellate division. 10 Do I have to pay to file an appeal? Since the appellate division judges were not there to see what happened in the trial court, an official record of what happened must be prepared and sent to the
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appellate division for its review. You can use • A record of the documents filed in the trial court Appellant’s Notice Designating Record on Appeal (other than exhibits) (Limited Civil Case) (form APP-103) to ask the trial • Exhibits that were admitted in evidence, refused, orcourt to prepare this record. You can get form APP-103 lodged (temporarily placed with the court) in theat any courthouse or county law library or online at trial courtwww.courts.ca.gov/forms. Read below for more information about these parts of You must serve and file this notice designating the the record. record on appeal within 10 days after you file your a. Record of what was said in the trial courtnotice of appeal. “Serving and filing” this notice means (the “oral proceedings”)that you must: • 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 court party or parties in the way required by law. If the (this is called a record of the “oral proceedings”). You notice is mailed or personally delivered, it must be do not have to send the appellate division a record of the by someone who is not a party to the case—so not oral proceedings. But if you want to raise any issue in you. your appeal that would require the appellate division to consider what was said in the trial court, the appellate• Make a record that the notice has been served. This division will need a record of those oral proceedings. For record is called a “proof of service.” Proof of Service example, if you are claiming that there was not evidence (Appellate Division) (form APP-109) or Proof of supporting the judgment, order, or other decision you are Electronic Service (Appellate Division) (form APP- appealing, the appellate division will need a record of 109E) can be used to make this record. The proof of the oral proceedings. service must show who served the notice, who was served with the notice, how the notice was served You are responsible for deciding how the record of the (by mail, in person, or electronically), and the date oral proceedings will be provided and, depending on the notice was served. what option you select and your circumstances, you may • Bring or mail the original notice and the proof of also be responsible for paying for preparing this record service to the trial court that issued the judgment, or for preparing an initial draft of the record. If you do order, or other decision you are appealing. You not take care of these responsibilities, a record of the oral should make a copy of the notice you are planning to proceedings in the trial court will not be prepared and file for your own records before you file it with the sent to the appellate division. If the appellate division court. It is a good idea to bring or mail an extra copy does not receive this record, it will not be able to of the notice to the clerk when you file your original review any issues that are based on what was said in and ask the clerk to stamp this copy to show that the the trial court and it may dismiss your appeal. original has been filed. In a limited civil case, you can use Appellant’s NoticeYou can get more information about how to serve court Designating Record on Appeal (Limited Civil Case)papers and proof of service from What Is Proof of (form APP-103) to tell the court whether you want aService? (form APP-109-INFO) and on the California record of the oral proceedings and, if so, the form of theCourts Online Self-Help Center at www.courts.ca.gov record that you want to use. You can get form APP-103/selfhelp-serving.htm. at any courthouse or county law library or online at www.courts.ca.gov/forms. 13 What is the official record of the trial court proceedings? There are four ways in which a record of the oral proceedings can be prepared for the appellate division: There are three parts of the official record: • If you or the other party arranged to have a court • A record of what was said in the trial court (this is reporter there during the trial court proceedings, the called the “oral proceedings”)
proceedings can be prepared for the appellate division:
There are three parts of the official record: • If you or the other party arranged to have a court • A record of what was said in the trial court (this is reporter there during the trial court proceedings, the called the “oral proceedings”)
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reporter can prepare a record, called a “reporter’s
transcript.” Cost: The appellant is responsible for paying for
preparing a reporter’s transcript. The trial court• If the proceedings were officially electronically clerk or the court reporter will notify you of the recorded, the trial court can have a transcript cost of preparing an original and one copy of the prepared from that recording or, if the court has a reporter’s transcript. You must deposit payment local rule permitting this and you and the other party for this cost (and a fee for the trial court) or one of agree (“stipulate”) to this, you can use the official the substitutes allowed by rule 8.834 with the trial electronic recording itself instead of a transcript. court clerk within 10 days after this notice is sent.
• You can use an agreed statement. (See rule 8.834 for more information about this deposit and the permissible substitutes, such as a• You can use a statement on appeal. waiver of this deposit signed by the court Read below for more information about these options. reporter.)
(1) Reporter’s transcript Unlike the fee for filing the notice of appeal and the costs for preparing a clerk’s transcript, the Description: A reporter’s transcript is a written court cannot waive the fee for preparing a record (sometimes called a “verbatim” record) of reporter’s transcript. A special fund, called the the oral proceedings in the trial court prepared by Transcript Reimbursement Fund, may be able to a court reporter. Rule 8.834 of the California Rules help pay for the transcript. You can get of Court establishes the requirements relating to information about this fund at reporter’s transcripts. www.courtreportersboard.ca.gov/consumers/index .shtml#rtf. If you are unable to pay the cost of a When available: If a court reporter was there in reporter’s transcript, a record of the oral the trial court and made a record of the oral proceedings can be prepared in other ways, by proceedings, you can choose (“elect”) to have the using an agreed statement or a statement on court reporter prepare a reporter’s transcript for appeal, which are described below. the appellate division. In most limited civil cases, however, a court reporter will not have been there Completion and delivery: After the cost of unless you or another party in your case made preparing the reporter’s transcript or a permissible specific arrangements to have a court reporter substitute has been deposited, the court reporter there. Check with the court to see if a court will prepare the transcript and submit it to the trial reporter made a record of the oral proceedings in court clerk. When the record is complete, the trial your case before choosing this option. court clerk will submit the original transcript to the appellate division and send you a copy of the Contents: If you elect to use a reporter’s transcript. If the respondent has purchased it, a transcript, you must identify by date (this is called copy of the reporter’s transcript will also be “designating”) what proceedings you want mailed to the respondent. included in the reporter’s transcript. You can use the same form you used to tell the court you wanted to use a reporter’s transcript—Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103)—to do this. If you elect to use a reporter’s transcript, the respondent also has the right to designate additional proceedings to be included in the reporter’s transcript. If you elect to proceed without a reporter‘s transcript, however, the respondent may not designate a reporter’s transcript without first getting an order from the appellate division.
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(2) Official electronic recording or transcript • You can ask the trial court clerk for an estimate of the cost of preparing a transcript of When available: In some limited civil cases, the the proceedings you have designated in you trial court proceedings were officially recorded on notice designating the record on appeal. You approved electronic recording equipment. If your must deposit this amount and the $50 fee with case was officially recorded, you can choose the trial court within 10 days of receiving the (“elect”) to have a transcript prepared from the estimate from the clerk. 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 an (“stipulation”) to the notice designating the record official electronic recording itself can be used as on appeal that you filed with the court, the trial the record, instead of preparing a transcript. If you court clerk will provide you with an estimate of choose this option, you must attach a copy of this the costs for this copy of the recording. You must 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 by of the official electronic recording, you can ask the date (this is called “designating”) what court to waive these costs. To do this, you must fill proceedings you want included in the transcript. out and file a Request to Waive Court Fees (form You can use the same form you used to tell the FW-001). You can get form FW-001 at any court you wanted to use a transcript of an official courthouse or county law library or online at electronic recording —Appellant’s Notice www.courts.ca.gov/forms. The court will review Designating Record on Appeal (Limited Civil this application to determine if you are eligible for Case) (form APP-103)—to do this. a fee waiver. Cost: The appellant is responsible for paying the Completion and delivery: After the estimated cost court for the cost of either (a) preparing a of the transcript or official electronic recording has transcript or (b) making a copy of the official been paid or waived, the clerk will have the electronic recording. transcript or copy of the recording prepared. When the transcript is completed or the copy of the (a) If you elect to use a transcript of an official official electronic recording is prepared and the electronic recording, you will need to deposit the rest of the record is complete, the clerk will send it estimated cost of preparing the transcript with the 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: • You can use the amounts listed in rule Description: An agreed statement is a written 8.130(b)(1)(B) for each full or half day of summary of the trial court proceedings agreed to court proceedings to estimate the cost of by all the parties. (See rule 8.836 of the California making a transcript of the proceeding you Rules of Court.) have designated in your notice designating the
is a written 8.130(b)(1)(B) for each full or half day of summary of the trial court proceedings agreed to court proceedings to estimate the cost of by all the parties. (See rule 8.836 of the California making a transcript of the proceeding you Rules of Court.) have designated in your notice designating the record on appeal. Deposit this estimated When available: If the trial court proceedings amount and the $50 fee with the trial court were not recorded either by a court reporter or by clerk when you file your notice designating official electronic recording equipment or if you the record on appeal. do not want to use one of these options, you can choose (“elect”) to use an agreed statement as the record of the oral proceedings (please note that it
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may take more of your time to prepare an agreed • A summary of the trial court’s rulings and statement than to use either a reporter’s transcript judgment; and or official electronic recording, if they are • A summary of the testimony of each witness available). and other evidence that is relevant to the Contents: An agreed statement must explain what issues you are raising on appeal. the trial court case was about, describe why the (See rule 8.837 of the California Rules of Court appellate division is the right court to consider an for more information about what must be included appeal in this case (why the appellate division has in a statement on appeal and the procedures for “jurisdiction”), and describe the rulings of the trial preparing a statement. You can get a copy of this court relating to the points to be raised on appeal. rule at any courthouse or county law library or The statement should include only those facts that online at www.courts.ca.gov/rules.) you and the other parties think are needed to decide the appeal. Preparing a proposed statement: If you elect to use a statement on appeal, you must prepare a Preparation: If you elect to use this option, you proposed statement. If you are not represented by must file the agreed statement with your notice a lawyer, you must use Proposed Statement on designating the record on appeal or, if you and the Appeal (Limited Civil Case) (form APP-104) to other parties need more time to work on the prepare your proposed statement. You can get statement, you can file a written agreement with form APP-104 at any courthouse or county law the other parties (called a “stipulation”) stating library or online at www.courts.ca.gov/forms. that you are trying to agree on a statement. If you file this stipulation, within the next 30 days you Serving and filing a proposed statement: You must either file the agreed statement or tell the must serve and file the proposed statement with court that you and the other parties were unable to the trial court within 20 days after you file your agree on a statement and file a new notice notice designating the record. “Serve and file” designating the record. means that you must: (4) Statement on appeal • Have somebody over 18 years old mail, deliver, or electronically send (“serve”) the proposed Description: A statement on appeal is a summary statement to the respondent in the way required of the trial court proceedings that is approved by by law. If the proposed statement is mailed or the trial court judge who conducted those personally delivered, it must be by someone who proceedings (the term “judge” includes is not a party to the case—so not you. commissioners and temporary judges). • Make a record that the proposed statement has When available: If the trial court proceedings been served. This record is called a “proof of were not recorded either by a court reporter or by service.” Proof of Service (Appellate Division) official electronic recording equipment or if you (form APP-109) or Proof of Electronic Service do not want to use one of these options, you can (Appellate Division) (form APP-109E) can be choose (“elect”) to use a statement on appeal as used to make this record. The proof of service the record of the oral proceedings (please note that must show who served the proposed statement, it may take more of your time to prepare a who was served with the proposed statement, statement on appeal than to use either a reporter’s how the proposed statement was served (by transcript or official electronic recording, if they mail, in person, or electronically), and the date are available). the proposed statement was served. Contents: A statement on appeal must include: • File the original proposed statement and the proof of service with the trial court. You should • A statement of the points you (the appellant)
ilable). the proposed statement was served. Contents: A statement on appeal must include: • File the original proposed statement and the proof of service with the trial court. You should • A statement of the points you (the appellant) make a copy of the proposed statement you are are raising on appeal; planning to file for your own records before you
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file it with the court. It is a good idea to bring or b. Record of the documents filed in the trial mail an extra copy of the proposed statement to court the clerk when you file your original and ask the clerk to stamp this copy to show that the original The second part of the official record of the trial court has been filed. proceedings is a record of the documents that were filed in the trial court. There are three ways in which a record You can get more information about how to serve of the documents filed in the trial court can be prepared court papers and proof of service from What Is for the appellate division: Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at • A clerk’s transcript or an appendix www.courts.ca.gov/selfhelp-serving.htm. • The original trial court file or Review and modifications: The respondent has 10 • An agreed statement days from the date you serve your proposed statement to serve and file proposed changes (called “amendments”) to this statement. The trial Read below for more information about these options. court judge then reviews both your proposed statement and any proposed amendments filed by (1) Clerk’s transcript or appendix the respondent. The trial judge will either make or order you (the appellant) to make any corrections Description: A clerk’s transcript is a record of or modifications to the statement that are needed the documents filed in the trial court prepared by to make sure that the statement provides an the clerk of the trial court. An appendix is a accurate summary of the testimony and other record of these documents prepared by a party. evidence relevant to the issues you indicated you (See rule 8.845 of the California Rules of are raising on appeal. Court.) Completion and certification: If the judge makes Contents: Certain documents, such as the notice any corrections or modifications to the proposed of appeal and the trial court judgment or order statement, the corrected or modified statement will being appealed, must be included in the clerk’s be sent to you and the respondent for your review. transcript or appendix. These documents are If the judge orders you to make any corrections or listed in rule 8.832(a) and rule 8.845(b) of the modifications to the proposed statement, you must California Rules of Court and in Appellant’s serve and file the corrected or modified statement Notice Designating Record on Appeal (Limited within the time ordered by the judge. If you or the Civil Case) (form APP-103). respondent disagree with anything in the modified or corrected statement, you have 10 days from the Clerk’s transcript: If you want any documents date the modified or corrected statement is sent to other than those listed in rule 8.832(a) to be you to serve and file objections to the statement. included in the clerk’s transcript, you must tell The judge then reviews any objections, makes or the trial court in your notice designating the orders you to make any additional corrections to record on appeal. You can use form APP-103 to the statement, and certifies the statement as an do this. You will need to identify each document accurate summary of the testimony and other you want included in the clerk’s transcript by its evidence relevant to the issues you indicated you title and filing date or, if you do not know the are raising on appeal. filing date, the date the document was signed. Sending statement to the appellate division: Once If you—the appellant—request a clerk’s the trial court judge certifies the statement on transcript, the respondent also has the right to appeal, the trial court clerk will send the statement ask the clerk to include additional documents in to the appellate division along with any record of the clerk’s transcript. If this happens, you will be the docume
ondent also has the right to appeal, the trial court clerk will send the statement ask the clerk to include additional documents in to the appellate division along with any record of the clerk’s transcript. If this happens, you will be the documents filed in the trial court. served with a notice saying what other
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documents the respondent wants included in the parties can agree on how the cost of preparing clerk’s transcript. the appendix will be paid or the appellant will pay the cost. Cost: The appellant is responsible for paying for preparing a clerk’s transcript. The trial court The party preparing the appendix must serve the clerk will send you a bill for the cost of appendix on each other party (unless the parties preparing an original and one copy of the clerk’s have agreed or the appellate division has ordered transcript. You must do one of the following otherwise) and file the appendix in the appellate things within 10 days after the clerk sends this division. The appellant’s appendix or a joint bill or the appellate division may dismiss your appendix must be served and filed with the appeal: appellant’s opening brief. See 15 for • Pay the bill. information about the brief. • Ask the court to waive the cost because you (2) Trial court file cannot afford to pay. To do this, you must fill out and file a Request to Waive Court When available: If the court has a local rule Fees (form FW-001). You can get form allowing this, the clerk can send the appellate FW-001 at any courthouse or county law division the original trial court file instead of a library or online at www. courts.ca.gov clerk’s transcript (see rule 8.833 of the /forms. The court will review this California Rules of Court). application to determine if you are eligible for a fee waiver. Cost: As with a clerk’s transcript, the appellant • Give the court a copy of a court order is responsible for paying for preparing the trial showing that your fees in this case have court file. The trial court clerk will send you a already been waived by the court. bill for this preparation cost. You must do one of the following things within 10 days after the Completion and delivery: After the cost of clerk sends this bill or the appellate division may preparing the clerk’s transcript has been paid or dismiss your appeal: waived, the trial court clerk will compile the • Pay the bill. requested documents into a transcript format • Ask the court to waive the cost because you and, when the record on appeal is complete, will forward the original clerk’s transcript to the cannot afford to pay. To do this, you must fill out and file a Request to Waive Court appellate division for filing. The trial court clerk will send you a copy of the transcript. If the Fees (form FW-001). You can get form FW- respondent bought a copy, the clerk will also 001 at any courthouse or county law library or online at www.courts.ca.gov send a copy of the transcript to the respondent. /forms. The court will review this application to determine if you are eligible Appendix: If you choose to prepare an appendix for a fee waiver. of the documents filed in the superior court, rather than designating a clerk’s transcript, that • Give the court a copy of a court order appendix must include all of the documents and showing that your fees in this case have be prepared in the form required by rule 8.845 of already been waived by the court. the California Rules of Court. The parties may prepare separate appendixes or stipulate (agree) Completion and delivery: After the cost of to a joint appendix. If separate appendixes are preparing the trial court file has been paid or prepared, each party must pay for its own waived and the record on appeal is complete, the appendix. If a joint appendix is prepared, the trial court clerk will send the file and a list of the documents in the file to the appellate division. The trial court clerk will also send a copy of the
appendix. If a joint appendix is prepared, the trial court clerk will send the file and a list of the documents in the file to the appellate division. The trial court clerk will also send a copy of the
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list of documents to the appellant and respondent you a notice telling you when you must file your brief in so that you can put your own files of documents the appellate division. from the trial court in the correct order. 15 What is a brief? (3) Agreed statement 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 this, you must attach to your agreed statement all lawyer, you will have to prepare your brief yourself. of the documents that are required to be included You should read rules 8.882–8.884 of the California in a clerk’s transcript. Rules of Court, which set out the requirements for preparing, serving, and filing briefs in limited civil c. Exhibits appeals, including requirements for the format and length of these briefs. You can get copies of these rules The third part of the official record of the trial at any courthouse or county law library or online at court proceeding is the exhibits, such as www.courts.ca.gov/rules. photographs, documents, or other items that were admitted in evidence, refused, or lodged Contents: If you are the appellant, your brief, called an (temporarily placed with the court) in the trial “appellant’s opening brief,” must clearly explain what court. Exhibits are considered part of the record on you believe are the legal errors made in the trial court. appeal, but the clerk will not include any exhibits Your brief must refer to the exact places in the clerk’s in the clerk’s transcript unless you ask that they be transcript and the reporter’s transcript (or the other forms included in your notice designating the record on of the record you are using) that support your argument. appeal. Appellant’s Notice Designating Record on Remember that an appeal is not a new trial. The Appeal (Limited Civil Case) (form APP-103), appellate division will not consider new evidence, such includes a space for you to make this request. as the testimony of new witnesses or new exhibits, so do You also can ask the trial court to send original not include any new evidence in your brief. exhibits to the appellate division at the time briefs are filed (see rule 8.843 for more information Serving and filing: You must serve and file your brief in about this procedure and see below for the appellate division by the deadline the court set in the information about briefs). notice it sent you, which is usually 30 days after the record is filed in the appellate division or 60 days from Sometimes, the trial court returns an exhibit to a the date the appellant chooses to proceed with no party at the end of the trial. If the trial court reporter’s transcript under rule 8.845. “Serve and file” returned an exhibit to you or another party and you means that you must: or the other party ask for that exhibit to be • Have somebody over 18 years old mail, deliver, or included in the clerk’s transcript or sent to the electronically send (“serve”) the brief to the other appellate division, the party who has the exhibit parties in the way required by law. If the brief is must deliver that exhibit to the trial court clerk as mailed or personally delivered, it must be by soon as possible. someone who is not a party to the case—so not you. • Make a record that the brief has been served. This 14 What happens after the official record record is called a “proof of service.” Proof of Service has been prepared? (Appellate Division) (form APP-109) or Proof of As soon as the record on appeal is complete, the clerk of Electronic Service (Appellate Division) (form APP- the trial court will send it to the appellate division. When 109E) can be used to make this record. The proof of the appellate division receives the record, it will send service must show who served the brief, who was served with the brief, how the brief was served (by
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mail, in person, or electronically), and the date the brief was served. 17 What happens after all the briefs • File the original brief and the proof of service with have been filed? the appellate division. You should make a copy of Once all the briefs have been filed or the time to file the brief you are planning to file for your own them has passed, the appellate division will notify you of records before you file it with the court. It is a good the date for oral argument in your case. idea to bring or mail an extra copy of the brief to the clerk when you file your original and ask the clerk to 18 What is “oral argument”? stamp this copy to show that the original has been filed. “Oral argument” is the parties’ chance to explain their • Note: If a party chooses to prepare an appendix of arguments to the appellate division judges in person. the documents filed in the trial court instead of You do not have to participate in oral argument if you do designating a clerk’s transcript, the appellant’s not want to; you can notify the appellate division that appendix or a joint appendix must be served and you want to “waive” oral argument. If all parties waive filed with the appellant’s opening brief. oral argument, the judges will decide your appeal based on the briefs and the record that were submitted. But ifYou can get more information about how to serve court one party waives oral argument and another party or papers and proof of service from What Is Proof of parties does not, the appellate division will hold oralService? (form APP-109-INFO) and on the California argument with the party or parties who did not waive it.Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. If you do choose to participate in oral argument, you will have up to 10 minutes for your argument unless theYou and the other parties can agree (stipulate) to extend appellate division orders otherwise. Remember that the the time for filing this brief by up to 30 days (see rule judges will have already read the briefs, so you do not8.882(b) for requirements for these agreements). You need to read your brief to the judges. It is more helpful can also ask the court to extend the time for filing this to tell the judges what you think is most important in brief if you can show good cause for an extension (see your appeal or ask the judges if they have any questionsrule 8.811(b) for a list of the factors the court will you could answer. consider in deciding whether there is good cause for an extension). You can use Application for Extension of Time to File Brief (Limited Civil Case) (form APP-106) 19 What happens after oral argument? to ask the court for an extension. If you do not file your brief by the deadline set by the After oral argument is held (or the date it was scheduled appellate division, the court may dismiss your appeal. passes if all the parties waive oral argument), the judges of the appellate division will make a decision about your 16 What happens after I file my brief? appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerk of the court will mail you a notice of the appellateWithin 30 days after you serve and file your brief, the division’s decision.respondent may, but is not required to, respond by serving and filing a respondent’s brief. If the respondent What should I do if I want to give updoes not file a brief, the appellant does not automatically 20 win the appeal. The court will decide the appeal on the my appeal? record, the appellant’s brief, and any oral argument by If you decide you do not want to continue with yourthe appellant. appeal, you must file a written document with the If the respondent files a brief, within 20 days after the appellate division notifying it that you are giving up (this respondent’s brief was filed, you may, but are not is called “abandoning”) your appeal. You can use required to, file another brief replying to the Abandonment of Appeal (Limited Civil Case) (form respondent’s brief. This is called a “reply brief.” APP-107) to file this notice in a limited civil case. You
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can get form APP-107 at any courthouse or county law Yes. You must serve and file your notice of appeal library or online at www.courts.ca.gov/forms. within either the regular time for filing a notice of appeal (generally 30 days after mailing or service of Notice of Entry of the judgment or a file-stamped copy of the judgment) or within 10 days after the clerk of the trial INFORMATION FOR THE RESPONDENT court mails notice of the first appeal, whichever is later.
This section of this information sheet is written for the 24 I have received a notice designating respondent—the party responding to an appeal filed by the record on appeal from another another party. It explains some of the rules and party. Do I need to do anything?procedures relating to responding to an appeal in a limited civil case. The information may also be helpful You do not have to do anything. A notice designating to the appellant. the record on appeal lets you know what kind of official record the appellant has asked to be sent to the appellate 21 I have received a notice of appeal from division. Depending on the kind of record chosen by the another party. Do I need to do anything? appellant, however, you may have the option to: • Add to what is included in the recordYou do not have to do anything. The notice of appeal simply tells you that another party is appealing the trial • Participate in preparing the record or court’s decision. However, this would be a good time to • Ask for a copy of the recordget advice from a lawyer, if you want it. You do not have to have a lawyer; if you are an individual (not a Look at the appellant’s notice designating the record oncorporation, for example), you are allowed to represent appeal to see what kind of record the appellant hasyourself in an appeal in a limited civil case. But appeals chosen and read about that form of the record in thecan be complicated and you will have to follow the same response to question 13 above. Then read below forrules that lawyers have to follow. what your options are when the appellant has chosen that form of the record.If you have any questions about the appeal procedures, you should talk to a lawyer. You must hire your own (a) Reporter’s transcript lawyer if you want one. You can get information about If the appellant is using a reporter’s transcript,finding a lawyer on the California Courts Online Self- you have the option of asking for additionalHelp Center at www.courts.ca.gov/selfhelp- proceedings to be included in the reporter’slowcosthelp.htm. transcript. To do this, within 10 days after the appellant files its notice designating the record 22 If the other party appealed, can I appeal on appeal, you must serve and file a notice too? designating additional proceedings to be included in the reporter’s transcript.Yes. Even if another party has already appealed, you may still appeal the same judgment or order. This is Whether or not you ask for additional called a “cross-appeal.” To cross-appeal, you must serve proceedings to be included in the reporter’s and file a notice of appeal. You can use Notice of transcript, you must generally pay a fee if you Appeal/Cross-Appeal (Limited Civil Case) (form want a copy of the reporter’s transcript. The trial APP-102) to file this notice in a limited civil case. Please court clerk or reporter will send you a notice read the information for appellants about filing a notice indicating the cost of preparing a copy of the of appeal, starting on page 2 of this information sheet, if reporter’s transcript. If you want a copy of the you are considering filing a cross-appeal. reporter’s transcript, you must deposit this amount (and a fee for the trial court) or one of 23 Is there a deadline to file a cross- the substitutes allowed by rule 8.834 with the appeal? trial court clerk within 10 days after this notice is sent. (See rule 8.834 for more information
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about this deposit and the permissible delivered, it must be by someone who is not substitutes, such as a waiver of this deposit a party to the case—so not you. signed by the court reporter.) • Make a record that the proposed Unlike the fee for preparing a clerk’s transcript, amendments have been served. This record the court cannot waive the fee for preparing a is called a “proof of service.” Proof of reporter’s transcript. A special fund, called the Service (Appellate Division) (form Transcript Reimbursement Fund, may be able to APP-109) or Proof of Electronic Service help pay for the transcript. You can get (Appellate Division) (form APP-109E) can information about this fund at be used to make this record. The proof of www.courtreportersboard.ca.gov/consumers service must show who served the proposed /index.shtml#trf. The reporter will not prepare a amendments, who was served with the copy of the reporter’s transcript for you unless proposed amendments, how the proposed you deposit the cost of the transcript, or one of amendments were served (by mail, in the permissible substitutes, or your application person, or electronically), and the date the for payment by the Transcript Reimbursement proposed amendments were served. Fund is approved. • File the original proposed amendments and If the appellant elects not to use a reporter’s the proof of service with the trial court. You transcript, you may not designate a reporter’s should make a copy of the proposed transcript without first getting an order from the amendments you are planning to file for appellate division. your own records before you file them with the court. It is a good idea to bring or mail (b) Agreed statement an extra copy of the proposed amendments If you and the appellant agree to prepare an to the clerk when you file your original and agreed statement (a summary of the trial court ask the clerk to stamp this copy to show that proceedings that is agreed to by the parties), you the original has been filed. and the appellant will need to reach an You can get more information about how to agreement on that statement within 30 days after serve court papers and proof of service from the appellant files its notice designating the What Is Proof of Service? (form APP-109- record. INFO) and on the California Courts Online (c) Statement on appeal Self-Help Center at www.courts.ca.gov /selfhelp-serving.htm. If the appellant elects to use a statement on appeal (a summary of the trial court proceedings (d) Clerk's transcript or appendix that is approved by the trial court), the appellant Clerk’s transcript: If the appellant is using a will send you a proposed statement to review. clerk’s transcript, you have the option of asking You will have 10 days from the date the the clerk to include additional documents in the appellant sent you this proposed statement to clerk’s transcript. serve and file suggested changes (called “amendments”) that you think are needed to To do this, within 10 days after the appellant make sure that the statement provides an serves its notice designating the record on accurate summary of the testimony and other appeal, you must serve and file a notice evidence relevant to the issues the appellant designating additional documents to be included indicated the appellant is raising on appeal. in the clerk’s transcript. You may use “Serve and file” means that you must: Respondent’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-110) for • Have somebody over 18 years old mail, this purpose. deliver, or electronically send (“serve”) the proposed amendments to the appellant in the Whether or not you ask for additional documents way required by law. If the proposed to be included in the clerk’s transcript, you must amendments are mailed or personally pay a fee if you want a copy of the clerk’s
proposed amendments to the appellant in the Whether or not you ask for additional documents
way required by law. If the proposed to be included in the clerk’s transcript, you must
amendments are mailed or personally pay a fee if you want a copy of the clerk’s
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transcript. The trial court clerk will send you a • Have somebody over 18 years old mail, deliver, or notice indicating the cost for a copy of the electronically send (“serve”) the brief to the other clerk’s transcript. If you want a copy, you must parties in the way required by law. If the brief is deposit this amount with the court within 10 mailed or personally delivered, it must be by days after the clerk’s notice was sent. someone who is not a party to the case—so not you. • Make a record that the brief has been served. This If you cannot afford to pay this cost, you can ask record is called a “proof of service.” Proof of Service the court to waive it. To do this, you must fill (Appellate Division) (form APP-109) or Proof of out and file a Request to Waive Court Fees Electronic Service (Appellate Division) (form (form FW-001). You can get form FW-001 at APP-109E) can be used to make this record. The any courthouse or county law library or online at proof of service must show who served the brief, www.courts.ca.gov/forms. The court will review who was served with the brief, how the brief was this application and determine if you are eligible served (by mail, in person, or electronically), and the for a fee waiver. The clerk will not prepare a date the brief was served. copy of the clerk’s transcript for you unless you deposit payment for the cost or obtain a fee • File the original brief and the proof of service with waiver. the appellate division. You should make a copy of the brief you are planning to file for your own Appendix: If the appellant is using an appendix, records before you file it with the court. It is a good and you and the appellant have not agreed to a idea to bring or mail an extra copy of the brief to the joint appendix, you may prepare a separate clerk when you file your original and ask the clerk to respondent’s appendix. See pages 8-9 for more stamp this copy to show that the original has been information about preparing an appendix. filed. You can get more information about how to serve court papers and proof of service from What Is 25 What happens after the official record Proof of Service? (form APP-109-INFO) and on the has been prepared? California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm. As soon as the record on appeal is complete, the clerk of You and the other parties can agree (stipulate) to extend the trial court will send it to the appellate division. When the time for filing this brief by up to 30 days (see rule the appellate division receives this record, it will send 8.882(b) for requirements for these agreements). You you a notice telling you when you must file your brief in can also ask the court to extend the time for filing this the appellate division. brief if you can show good cause for an extension (see A brief is a party’s written description of the facts in the rule 8.811(b) for a list of the factors the court will consider in deciding whether there is good cause for ancase, the law that applies, and the party’s argument about the issues being appealed. If you are represented by a extension). You can use Application for Extension of lawyer, your lawyer will prepare your brief. If you are Time to File Brief (Limited Civil Case) (form APP-106) not represented by a lawyer in your appeal, you will to ask the court for an extension. have to prepare your brief yourself. You should read If you do not file a respondent’s brief, the appellant does rules 8.882–8.884 of the California Rules of Court, not automatically win the appeal. The court will decide which set out the requirements for preparing, serving, the appeal on the record, the appellant’s brief, and any and filing briefs in limited civil appeals, including oral argument by the appellant. Remember that an appeal requirements for the format and length of these briefs. is not a new trial. The appellate
the appeal on the record, the appellant’s brief, and any and filing briefs in limited civil appeals, including oral argument by the appellant. Remember that an appeal requirements for the format and length of these briefs. is not a new trial. The appellate division will not You can get these rules at any courthouse or county law consider new evidence, such as the testimony of new library or online at www.courts.ca.gov/rules.htm. witnesses or new exhibits, so do not include any new The appellant serves and files the first brief, called an evidence in your brief. “appellant’s opening brief.” You may, but are not If you file a respondent’s brief, the appellant then has an required to, respond by serving and filing a respondent’s opportunity to serve and file another brief within 20 days brief within 30 days after the appellant’s opening brief is replying to your brief. filed. “Serve and file” means that you must:
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26 What happens after all the briefs have been filed? Once all the briefs have been filed or the time to file them has passed, the court will notify you of the date for oral argument in your case. “Oral argument” is the parties’ chance to explain their arguments to appellate division judges in person. You do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, the judges will decide the appeal based on the briefs and the record that were submitted. But if one party waives oral argument and another party or parties does not, the appellate division will hold oral argument with the party or parties who did not waive it. If you do choose to participate in oral argument, you will have up to 10 minutes for your argument unless the appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in the appeal or ask the judges if they have any questions you could answer. After oral argument is held (or the scheduled date passes if all parties waive argument), the judges of the appellate division will make a decision about the appeal. The appellate division has 90 days after oral argument to decide the appeal. The clerk of the court will mail you a notice of the appellate division’s decision.
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