Fill - Free fillable Form CR-134 Notice Regarding Record on Appeal PDF form

Instructions

Before you fill out this form, read Information on Appeal Procedures for

Misdemeanors (form CR-131-INFO) to know your rights and

responsibilities. You can get form CR-131-INFO at any courthouse or

county law library or online at www.courts.ca.gov/forms.

•

This form is only for giving the court notice about the record on appeal in a

misdemeanor case.

•

This form can be filed with your notice of appeal. If it is not filed with your

notice of appeal, this form must be filed within either:

•

Fill out this form and make a copy of the completed form for your records.

•

Take or mail the completed form to the clerk’s office for the same trial court

where you filed your notice of appeal. It is a good idea to take or mail an

extra copy to the clerk and ask the clerk to stamp it to show that the original

has been filed.

Clerk stamps date here when form is filed.

Superior Court of California, County of

You fill in the number and name of the trial court

case in which you are appealing the judgment or

order:

Trial Court Case Number:

You fill in the name and street address of the court

that issued the judgment or order you are

appealing:

You fill in the appellate division case number (if

you know it):

Appellate Division Case Number:

Trial Court Case Name:

CR-134

Notice Regarding Record on Appeal

(Misdemeanor)

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

Revised January 1, 2019, Optional Form

Cal. Rules of Court, rules 8.831, 8.860

Notice Regarding Record on Appeal

(Misdemeanor)

CR-134, Page 1 of 4

20 days after you file your notice of appeal, or, if it is later(1)

10 days after the court appoints a lawyer to represent you on appeal (if

you file a request for a court-appointed lawyer within 20 days after you

file your notice of appeal).

(2)

Your Information

Phone: E-mail:

Mailing address (if different):

Name of appellant (the party who is filing this appeal): a.

State Bar number:Name:

Appellant’s lawyer in the trial court proceedings:c.

Name:

City

State

Street address:

Street

Zip

Street City

State Zip

Phone:

Mailing address (if different):

City State

Street address:

Street Zip

Street City State

Fax:

Zip

E-mail:

The lawyer filling out this form

is is not representing the appellant in this appeal.

Appellant’s contact information (required): b.

I/my client filed a notice of appeal in the trial court case identified

in the box on page 1 of this form.

Information About Your Appeal

On (fill in the date):

CR-134, Page 2 of 4

Notice Regarding Record on Appeal

(Misdemeanor)

Revised January 1, 2019

WITHOUT a record of the oral proceedings in the trial court (skip item ; sign and date this form). I

understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to

consider what was said in the trial court during those proceedings in deciding whether a legal error was made.

WITH a record of the oral proceedings in the trial court (complete item below). I understand that if I elect

(choose) to proceed WITH a record of the oral proceeding in the trial court, I have to choose the record I

want to use and take the actions described below to make sure this record is provided to the appellate

division. I understand that if I do not take the actions described below and the appellate division does not

receive this record, I am not likely to succeed in my appeal.

Record of Oral Proceedings

I elect (choose)/My client elects to proceed (check a or b):

You do not have to provide the appellate division with a record of what was said in the trial court (this is called a record

of the “oral proceedings”). But, if you do not, the appellate division will not be able to consider what was said during the

trial court proceedings in deciding whether a legal error was made in those proceedings.

(Write initials here):

The respondent and I/my client have agreed (“stipulated”) under rule 8.860 that parts of the normal record on

appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts

of the record that are not required is attached.

Stipulation for Limited Record

Your Choices About the Record on Appeal

Trial Court Case Name:

Trial Court Case Number:

(b)

(2)

(3)

I was represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case.

I was not represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case, but I have completed and attached Defendant’s Financial Statement on

Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense

(form MC-210). (You can get form MC-210 at any courthouse or county law library or online at

www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a

reporter’s transcript at no cost to you.)

(a)

I want to use the following record of what was said in the trial court proceedings in my case (check and complete

only one a, b, c, or d):

CR-134, Page 3 of 4

Notice Regarding Record on Appeal

(Misdemeanor)

Revised January 1, 2019

Reporter’s Transcript. This option is available only if there was a court reporter in the trial court who

made a record of what was said in court. Check with the trial court to see if there was a court reporter in

your case before choosing this option. Some courts also have local rules that establish procedures for

determining whether only a portion of a reporter’s transcript or a different form of the record will be

sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and

complete (1), (2) or (3).)

Transcript From Official Electronic Recording. This option is available only if an official electronic

recording was made of what was said in the trial court. Check with the trial court to see if an official

electronic recording was made in your case before choosing this option. Some courts also have local rules

that establish procedures for determining whether only a portion of a transcript or a different form of the

record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule.

(Check and complete (1) or (2).)

I was represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case.

I was not represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case, but I have completed and attached Defendant’s Financial Statement on

Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense

(form MC-210). (You can get form MC-210 at any courthouse or county law library or online at

www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a

transcript at no cost to you.)

(b)

I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this

transcript, it will not be prepared and provided to the appellate division.

I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost.

(1)

(2)

(a)

Trial Court Case Name:

Trial Court Case Number:

Within 10 days of when I receive the court reporter's estimate of the cost of this transcript, I will file a

certified transcript of all the proceedings required by rule 8.865 that complies with rule 8.144.

I will pay the trial court clerk’s office for the reporter’s transcript myself within 10 days of when I

receive the court reporter’s estimate of the costs of this transcript. Alternatively, I will pay the reporter

directly and file with the trial court a written waiver of deposit signed by the reporter. I understand that

if I do not pay for this transcript, it will not be prepared and provided to the appellate division.

I am asking that the reporter’s transcript be prepared at no cost to me because I cannot afford to pay this

cost.

(1)

—

Copy of Official Electronic Recording. This option is available only if an official electronic recording was

made of what was said in the trial court, the court has a local rule for the appellate division permitting the

use of the official electronic recording itself as the record of the court proceedings, and you and the

respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the

record of what was said in your case. Check with the trial court to see if an official electronic recording was

made in your case before choosing this option. You must attach a copy of your agreement (stipulation) with

the respondent to this notice. (Check and complete (1) or (2).)

Date:

Type or print your name

Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the

trial court. See form CR-131-INFO for information about preparing a proposed statement. (Check and

complete (1) or (2).)

I have NOT attached my proposed statement on appeal to this notice. I understand that I must serve and

file this proposed statement in the trial court within 20 days of the date I file this notice. I understand

that if I do not serve and file the proposed statement on time, and if I am represented by a court-

appointed lawyer, the court may appoint a new lawyer. If I represent myself or hire a lawyer to represent

me, and I do not serve and file the proposed statement on time, the court may dismiss my appeal.

I have attached my proposed statement on appeal to this notice. (If you are not represented by a lawyer

in this appeal, you must use Proposed Statement on Appeal (Misdemeanor) (form CR-135) to prepare

and file this proposed statement. You can get form CR-135 at any courthouse or county law library or

online at www.courts.ca.gov/forms.)

(1)

(2)

CR-134, Page 4 of 4

Notice Regarding Record on Appeal

(Misdemeanor)

Revised January 1, 2019

(continued)

Signature of appellant or attorney

(b)

(1)

I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I

do not pay for this recording, it will not be prepared and provided to the appellate division.

I am asking that this official electronic recording be provided at no cost to me because I cannot afford to

pay this cost.

(2)

I was represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case.

I was not represented by the public defender or another court-appointed lawyer in the trial court

proceedings in this case, but I have completed and attached Defendant’s Financial Statement on

Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense

(form MC-210). (You can get form MC-210 at any courthouse or county law library or online at

www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a copy of

the official electronic recording at no cost to you.)

(a)

Trial Court Case Name:

Trial Court Case Number:

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