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INFRACTION APPEAL
BOOKLET
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
January 1, 2009
American LegalNet, Inc.
www.FormsWorkflow.com
_____________________________________________________________________________
Information on Appeal Procedures CR-141-INFO, Page 1 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rules 8.900–8.929
This information sheet tells you about appeals in
infraction cases. It is only meant to give you a general
idea of the appeal process, so it does not cover
everything you may need to know about appeals in
infraction cases. To learn more, you should read rules
8.900–8.929 of the California Rules of Court, which set
out the procedures for infraction appeals. You can get
these rules at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.
Infractions are crimes that can be punished by a fine,
traffic school, or some form of community service but
not by time in jail or prison. (See Penal Code sections
17, 19.6, and 19.8. You can get a copy of these laws at
www.leginfo.ca.gov/calaw.html.) Examples of
infractions are many traffic violations for which you can
get a ticket or violations of some city or county
ordinances for which you can get a citation. If you were
also charged with or convicted of a misdemeanor, then
your case is a misdemeanor case, not an infraction case.
An appeal is a request to a higher court to review a
ruling or decision made by a lower court. In an
infraction case, the court hearing the appeal is the
appellate division of the superior court, and the lower
court—called the “trial court” in this information
sheet—is the superior court.
It is important to understand that an appeal is NOT a
new trial. The appellate division will not consider new
evidence, such as the testimony of new witnesses or new
exhibits. The appellate division’s job is to review a
record of what happened in the trial court and the trial
court’s decision to see if certain kinds of legal errors
were made in the case:
• Prejudicial error: The party that appeals (called the
“appellant”) may ask the appellate division to
determine if an error was made about either the law
or court procedures in the case that caused
substantial harm to the appellant (this is called
“prejudicial error”). Prejudicial error can include
What does this information sheet
cover?
What is an infraction?
1
2
For information about appeal procedures in other
cases, see:
• Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO)
• Information on Appeal Procedures for Limited
Civil Cases (form APP-101-INFO)
You can get these forms at any courthouse or county
law library or online at www.courtinfo.ca.gov/forms.
things like errors made by the judge about the law or
errors or misconduct by the lawyers that harmed the
appellant. When it conducts its review, the appellate
division presumes that the judgment, order, or other
decision being appealed is correct. It is the
responsibility of the appellant to show the appellate
division that an error was made and that the error
was harmful.
• No substantial evidence: The appellant may also ask
the appellate division to determine if there was
substantial evidence supporting the judgment, order,
or other decision being appealed. When it conducts
its review, the appellate division only looks to see if
there was evidence that reasonably supports the
decision. The appellate division generally will not
reconsider the trial court’s conclusion about which
side had more or stronger evidence or whether
witnesses were telling the truth or lying.
What is an appeal?
3
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.
Do I need a lawyer to appeal?
4
You do not have to have a lawyer; you are allowed to
represent yourself in an appeal in an infraction case. But
appeals can be complicated, and you will have to follow
the same rules that lawyers have to follow. If you have
any questions about the appeal procedures, you should
talk to a lawyer. You will need to hire a lawyer yourself
if you want one. You can get information about finding a
lawyer on the California Courts Online Self-Help Center
at www.courtinfo.ca.gov/selfhelp/lowcost.
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 2 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
8
If you are representing yourself, you must inform the
court if your address, telephone number, or other contact
information changes so that the court can contact you if
needed.
Only a party in the trial court case can appeal a decision
in that case. You may not appeal on behalf of a friend, a
spouse, a child, or another relative.
The party that is appealing is called the APPELLANT;
in an infraction case, this is usually the party convicted
of committing the infraction. The other party is called
the RESPONDENT; in an infraction case, this is usually
the government agency that filed the criminal charges
(on court papers, this party is called the People of the
State of California).
No. Generally, you may appeal only a final judgment of
the trial court—the decision at the end that decides the
whole case. The final judgment includes the punishment
that the court imposed. Other rulings made by the trial
court before final judgment cannot be separately
appealed, but can be reviewed only later as part of an
appeal of the final judgment. In an infraction case, the
party that was convicted of committing an infraction
usually appeals that conviction or the sentence (the fine
or other punishment) ordered by the trial court. In an
infraction case, a party can also appeal from an order
made by the trial court after judgment that affects a
substantial right of the appellant (Penal Code section
1466(2)(B). You can get a copy of this law at
www.leginfo.ca.gov/calaw.html.)
First, you must file a notice of appeal. The notice of
appeal tells the other party in the case and the trial court
that you are appealing the trial court’s decision. You
may use Notice of Appeal and Record of Oral
Proceedings (Infraction) (form CR-142) to prepare and
file a notice of appeal in an infraction case. You can get
form CR-142 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
Yes. In an infraction case, you must file your notice of
appeal within 30 days after the trial court makes
(“renders”) its judgment in your case or issues the order
you are appealing. The date the trial court makes its
judgment is normally the date the trial court orders you
to pay a fine or orders other punishment in your case
(sentences you). This deadline for filing the notice of
appeal cannot be extended. If your notice of appeal is
late, the appellate division will not be able to consider
your appeal.
Is there a deadline for filing my notice
of appeal?
How do I file my notice of appeal?
Who can appeal?
5
9
To file the notice of appeal in an infraction case, you
must bring or mail the original notice of appeal to the
clerk of the trial court in which you were convicted of
the infraction. It is a good idea to bring or mail an extra
copy to the clerk and ask the clerk to stamp it to show
that the original has been filed.
Can I appeal any decision that the trial
court made?
6
There is no fee for filing the notice of appeal in an
infraction case. You can ask the clerk of that court if
there are any other requirements for filing your notice of
appeal.
After you file your notice of appeal, the clerk will send a
copy of your notice to the office of the prosecuting
attorney (for example, the district attorney, county
counsel, city attorney, or state Attorney General).
Filing the notice of appeal does NOT automatically
postpone the deadline for paying your fine or
completing any other part of your sentence. To
postpone your sentence, you must ask the trial court for
a “stay” of the judgment. If you want a stay, you must
first ask the trial court for a stay. You can also apply to
the appellate division for a stay, but you must show in
your application to appellate division that you first asked
the trial court a stay and that the trial court unjustifiably
denied your request. Your fine or other parts of your
punishment will not be postponed unless the trial court
How do I start my appeal?
If I file a notice of appeal, do I still have
to pay my fine or complete other parts
of m
y
p
unishment?
10
7
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 3 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
or appellate division grants a stay. If you do not get a
stay and you do not pay your fine or satisfy another part
of your sentence by the date ordered by the court, a
warrant may be issued for your arrest or a civil
collections process may be started against you, which
could result in a civil penalty being added to your fine.
Yes. When you file your notice of appeal, you must tell
the trial court whether you want a record of what was
said in the trial court (this is called a record of the “oral
proceedings”) sent to the appellate division and, if so,
what form of that record you want to use. Notice of
Appeal and Record of Oral Proceedings (Infraction)
(form CR-142) includes boxes you can check to tell the
court whether and how you want to provide this record.
You do not have to send the appellate division a record
of what was said in the trial court. But if you want to
raise any issue in your appeal that would require the
appellate division to consider what was said in the trial
court, the appellate division will need a record of these
oral proceedings. For example, if you are claiming that
there was not substantial evidence supporting the
judgment, order, or other decision you are appealing, the
appellate division will need a record of the oral
proceedings. Since the appellate division judges were
not there for the proceedings in the trial court, an official
record of these proceedings must be prepared and sent to
the appellate court for its review.
Depending on what form of the record you choose to
use, you will be responsible for paying to have the
official record of the oral proceedings prepared (unless
you are indigent) or for preparing an initial draft of the
record yourself. If you do not take care of these
responsibilities, a record of the oral proceedings in the
trial court will not be prepared and sent to the appellate
division. If the appellate division does not receive the
record, it will not be able to consider what was said in
the trial court in deciding whether a legal error was
made.
There are three ways a record of the oral proceedings in
a trial court can be prepared and provided to the
appellate division in an infraction case:
What are the different forms of the
record?
13
a. You can use a statement on appeal.
b. If the proceedings were officially electronically
recorded, the trial court can have a transcript
prepared from the recording or, if the court has a
local rule permitting this and all the parties agree
(“stipulate”), you can use the official electronic
recording itself as the record, instead of a transcript.
c. If a court reporter was there during the trial court
proceedings, the reporter can prepare a record called
a “reporter’s transcript.”
Read below for more information about these options.
a. Statement on appeal
Description: A statement on appeal is a summary of
the trial court proceedings approved by the trial
court judge who conducted the trial court procee-
dings (the term “judge” includes commissioners and
temporary judges).
When available: If the trial court proceedings were
not recorded either by a court reporter or by official
electronic recording equipment or if you do not want
to use either of these forms of the record, you can
choose (“elect”) to use a statement on appeal as the
record of the oral proceedings in the trial court
(please note that it may take more of your time to
prepare a statement on appeal than to use either a
reporter’s transcript or electronic recording, if they
are available).
Contents: A statement on appeal must include a
summary of the oral proceedings that the appellant
believes necessary for the appeal and a summary of
the trial court’s decision. It must also include a
statement of the points the appellant is raising on
appeal (see rule 8.916 of the California Rules of
Court for more information about what must be
included in a statement on appeal and the procedures
for preparing a statement. You can get a copy of this
In what cases does the appellate
division need a record of the oral
proceedings?
12
Is there anything else I need to do
when I file my notice of appeal?
11
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 4 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
rule at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.)
Preparing a proposed statement: If you choose to
use a statement on appeal, you must prepare a
proposed statement. If you are not represented by a
lawyer, you must use Proposed Statement on Appeal
(Infraction) (form CR-143) to prepare your proposed
statement. You can get form CR-143 at any
courthouse or county law library or online at
www.courtinfo.ca.gov/forms.
Serving and filing a proposed statement: You must
serve and file your proposed statement within 20
days after you file your notice of appeal. “Serve and
file” means that you must:
• Have somebody over 18 years old who is not a
party to the case—so not you—mail or deliver
(“serve”) the proposed statement to the
prosecuting attorney and any other party in the
way required by law. If the prosecuting attorney
did not appear in your case, you do not need to
serve the prosecuting attorney.
• Make a record that the proposed statement has
been served. This record is called a “proof of
service.” Proof of Service (Appellate Division)
(form APP-109) can be used to make this record.
The proof of service must show who served the
proposed statement, who was served with the
proposed statement, how the proposed statement
was served (by mail or in person), and the date
the proposed statement was served.
• File the original proposed statement and the
proof of service with the trial court. You should
make a copy of the proposed statement you are
planning to file for your own records before you
file it with the court. It is a good idea to bring or
mail an extra copy of the proposed statement to
the clerk when you file your original and ask the
clerk to stamp this copy to show that the original
has been filed.
You can get more information about how to serve
court papers and proof of service from What Is Proof
of Service? (form APP-109-INFO) and on the
California Courts Online Self-Help Center at
www.courtinfo.ca.gov/selfhelp/lowcost/getready
.htm#serving.
Review and modifications: The prosecuting attorney
and any other party have 10 days from the date you
serve your proposed statement to serve and file
proposed changes (called “amendments”) to this
statement. The trial judge then reviews both your
proposed statement and any proposed amendments
and makes any corrections or modifications to the
proposed statement that are needed to make sure that
the statement provides a complete and accurate
summary of the trial court proceedings.
Completion and certification: If the judge makes
any corrections or modifications to the proposed
statement, the corrected or modified statement will
be sent to you, the prosecuting attorney, and any
other party for your review. If you disagree with
anything in the judge’s statement, you will have 10
days from the date the statement is sent to you to
serve and file objections to the statement. The judge
then reviews any objections, makes any additional
corrections to the statement, and certifies the
statement as a complete and accurate summary of
the trial court proceedings.
Sending the statement to the appellate division:
Once the trial judge certifies the statement on
appeal, the trial court clerk will send the statement to
the appellate division along with the clerk’s
transcript.
b. Official electronic recording or transcript
from official recording
When available: In some infraction cases, the trial
court proceedings are officially recorded on
approved electronic recording equipment. If your
case was officially recorded, you can ask to have a
transcript prepared for the appellate division from
the official electronic recording of the proceedings.
You should check with the trial court to see if your
case was officially electronically recorded before
you choose this option.
If the court has a local rule for the appellate division
permitting this and all the parties agree (“stipulate”),
a copy of the official electronic recording itself can
be used as the record of these oral proceedings
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 5 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
instead of preparing a transcript. You should check
with the trial court to see if your case was officially
electronically recorded and check to make sure that
there is a local rule permitting the use of the
recording itself before choosing this option. If you
choose this option, you must attach a copy of your
agreement with the other parties (called a
“stipulation”) to your notice regarding the oral
proceedings.
Cost: Ordinarily, the appellant must pay for
preparing the transcript or making a copy of the
official electronic recording. If, however, you are
indigent (you cannot afford to pay the cost of the
transcript or electronic recording), you may be able
to get a free transcript or official electronic
recording. You can complete and file Defendant’s
Financial Statement on Eligibility for Appointment
of Counsel and Reimbursement and Record on
Appeal at Public Expense (form MC-210) to show
that you are indigent. You can get form MC-210 at
any courthouse or county law library or online at
www.courtinfo.ca.gov/forms. The court will review
this form to decide whether you are indigent.
If you are indigent, an official electronic recording
of your case was made, and you show that you need
a transcript, the court must provide you with a free
transcript. Whether you need a transcript depends on
the issues you are raising on appeal. If the issues you
are raising on appeal include that there was not
substantial evidence supporting the judgment, order,
or other decision you are appealing or that there was
misconduct in your case that harmed you, that is
generally enough to show that you need a transcript.
If you ask for a transcript, the court may ask you
what issues you are raising on appeal and may
decide that a statement on appeal or a transcript of
only some of the oral proceedings will be a good
enough record to consider the issues you are raising.
Completion and delivery: Once you deposit the
estimated cost of the transcript or official electronic
recording with the clerk or show the court you are
indigent and need a transcript, the clerk will have the
transcript or copy of the recording prepared. When
the transcript is completed or the copy of the official
electronic recording is prepared, the clerk will send
the transcript or recording to the appellate division
along with the clerk’s transcript.
c. Reporter’s transcript
When available: In some infraction cases, a court
reporter is there in the trial court and makes a record
of the oral proceedings. If a court reporter made a
record of your case, you can ask to have the court
reporter prepare a transcript of those oral
proceedings, called a “reporter’s transcript.” You
should check with the trial court to see if a court
reporter made a record of your case before you
choose this option.
Cost: Ordinarily, the appellant must pay for
preparing a reporter’s transcript. The court reporter
will provide the clerk of the trial court with an
estimate of the cost of preparing the transcript, and
the clerk will notify you of this estimate. If you want
the reporter to prepare the transcript, you must
deposit this estimated amount with the clerk within
10 days after the clerk sends you the estimate.
If, however, you are indigent (you cannot afford to
pay the cost of the reporter’s transcript), you may be
able to get a free transcript. You can complete and
file Defendant’s Financial Statement on Eligibility
for Appointment of Counsel and Reimbursement and
Record on Appeal at Public Expense (form MC-210)
to show that you are indigent. You can get form
MC-210 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms. The court will
review this form to decide whether you are indigent.
If you are indigent, a court reporter made a record of
your case, and you show that you need a transcript,
the court must provide you with a free transcript.
Whether you need a transcript depends on the issues
you are raising on appeal. If the issues you are
raising on appeal include that there was not
substantial evidence supporting the judgment, order,
or other decision you are appealing or that there was
misconduct in your case that harmed you, that is
generally enough to show that you need a transcript.
If you ask for a reporter’s transcript, the court may
ask you what issues you are raising on appeal and
may decide that a statement on appeal or a transcript
of only some of the oral proceedings will be a good
enough record to consider the issues you are raising.
Completion and delivery: Once you deposit the
estimated cost of the transcript or show the court you
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 6 of 7
for Infractions
CR-141-INFO
Information on Appeal Procedures for Infractions
are indigent and need a transcript, the clerk will
notify the reporter to prepare the transcript. When
the reporter completes the transcript, the clerk will
send both the reporter’s transcript and clerk’s
transcript to the appellate division.
Yes. There are two other parts of the official record that
need to be sent to the appellate division:
• Documents filed in the trial court: The trial court
clerk is responsible for preparing a record of the
written documents filed in your case, called a
“clerk’s transcript,” and sending this to the appellate
division. (The documents the clerk must include in
this transcript are listed in rule 8.912 of the
California Rules of Court. You can get a copy of this
rule at any courthouse or county law library or
online at www.courtinfo.ca.gov/rules.)
• Exhibits submitted during trial: Exhibits, such as
photographs or maps, that were admitted in
evidence, refused, or lodged (temporarily placed
with the court) in the trial court are considered part
of the record on appeal. If you want the appellate
division to consider an exhibit, however, you must
ask the trial court clerk to send the original exhibit to
the appellate division within 10 days after the last
respondent’s brief is filed in the appellate division.
(See rule 8.921 of the California Rules of Court for
more information about this procedure. You can get
a copy of this rule at any courthouse or county law
library or online at www.courtinfo.ca.gov/rules.)
Sometimes, the trial court returns an exhibit to a
party at the end of the trial. If the trial court returned
an exhibit to you or another party and you or the
other party ask for the exhibit to be sent to the
appellate division, the party who has the exhibit
must deliver that exhibit to the appellate division as
soon as possible.
As soon as the record of the oral proceeding is ready, the
clerk of the trial court will send it to the appellate
division along with the clerk’s transcript. When the
appellate division receives this record, it will send you a
notice telling you when you must file your brief in the
appellate division.
A brief is a party’s written description of the facts in the
case, the law that applies, and the party’s argument about
the issues being appealed. If you are represented by a
lawyer in your appeal, your lawyer will prepare your
brief. If you are not represented by a lawyer in your
appeal, you will have to prepare your brief yourself.
You should read rules 8.927–8.928 of the California
Rules of Court, which set out the requirements for
preparing, serving, and filing briefs in infraction appeals,
including requirements for the format and length of these
briefs. You can get these rules at any courthouse or
county law library or online at www.courtinfo.ca.gov
/rules.
Contents: If you are the appellant (the party who is
appealing), your brief, called the “appellant’s opening
brief,” must clearly explain what you believe are the
legal errors made in the trial court. Your brief must refer
to the exact places in the clerk’s transcript and the
statement on appeal (or other record of the oral
proceedings) that support your argument. Remember
that an appeal is not a new trial. The appellate division
will not consider new evidence, such as the testimony of
new witnesses or new exhibits, so do not include any
new evidence in your brief.
Serving and filing: You must serve and file your brief in
the appellate division by the deadline the court set in the
notice it sent you, which is usually 30 days after the
record is filed in the appellate division. “Serve and file”
means that you must:
• Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the brief to the respondent (the prosecuting agency)
and any other party in the way required by law.
• Make a record that the brief has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) can be used to
make this record. The proof of service must show
who served the brief, who was served with the brief,
Is there any other part of the record
that needs to be sent to the appellate
division?
14
What happens after the record is
prepared?
15
What is a brief?
16
_____________________________________________________________________________
New January 1, 2009 Information on Appeal Procedures CR-141-INFO, Page 7 of 7
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Information on Appeal Procedures for Infractions
oral argument, the judges will decide your 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.
how the brief was served (by mail or in person), and
the date the brief was served.
• File the original brief and the proof of service with
the appellate division. You should make a copy of
the brief you are planning to file for your own
records before you 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 original and ask the clerk to
stamp this copy to show that the original has been
filed.
If you do choose to participate in oral argument, you will
have up to five minutes for your argument, unless the
court orders otherwise. Remember that the judges will
already have 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 your appeal
or ask the judges if they have any questions you could
answer.
You can get more information about how to serve court
papers and proof of service from What Is Proof of
Service? (form APP-109-INFO) and at www.courtinfo
.ca.gov/selfhelp/lowcost/getready.htm#serving.
If you do not file your brief by the deadline set by the
appellate division, the court may dismiss your appeal.
Within 30 days after you serve and file your brief, the
respondent (the prosecuting agency) may, but is not
required to, respond by serving and filing a respondent’s
brief. If the respondent does not file a brief, the appellant
does not automatically win the appeal. The court will
decide the appeal on the record, the appellant’s brief, and
any oral argument by the appellant.
If the respondent serves and files a brief, within 20 days
after the respondent’s brief was served, you may, but are
not required to, serve and file another brief replying to
the respondent’s brief. This is called a “reply brief.”
Once all the briefs have been served and filed or the time
to serve and 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 the 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
20
What happens after oral argument?
After oral argument is held (or the date it was scheduled
passes if all the parties waive oral argument), the judges
of the appellate division will make a decision about your
appeal. The appellate division has 90 days after the date
scheduled for oral argument to decide the appeal. The
clerk of the court will mail you a notice of that decision.
What happens after I file my brief?
17
What should I do if I want to give up
my appeal?
21
If you decide you do not want to continue with your
appeal, you must file a written document with the
appellate division notifying it that you are giving up (this
is called “abandoning”) your appeal. You can use
Abandonment of Appeal (Infraction) (form CR-145) to
file this notice in an infraction case. You can get form
CR-145 at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
If you decide not to continue your appeal and it is
dismissed, you will (with only very rare exceptions)
permanently give up the chance to raise any objections
to your conviction, sentence, or other matter that you
could have raised in the appeal. If your punishment was
stayed during the appeal, you may be required to start
complying with your punishment immediately after your
appeal is dismissed.
What is oral argument?
19
What happens after all the briefs have
been filed?
18
American LegalNet, Inc.
www.FormsWorkflow.com
Notice of Appeal and Record
of Oral Proceedings
(Infraction)
CR-142
Notice of Appeal and Record of Oral
Proceedings (Infraction)
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rules 8.901, 8.902, and 8.915
CR-142, Page 1 of 4
Instructions
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
Take or mail the completed form to the clerk’s office for the same trial court
that issued the judgment or order you are appealing. It is a good idea to take
or mail an extra copy to the clerk and ask the clerk to stamp it to show that
the original has been filed.
This form is only for appealing in an infraction case, such as a case about a
traffic ticket. You can get other forms for appealing in a civil or misdemeanor
case at any courthouse or county law library or online at www.courtinfo
.ca.gov/forms.
Before you fill out this form, read Information on Appeal Procedures for
Infractions (form CR-141-INFO) to know your rights and responsibilities.
You can get form CR-141-INFO at any courthouse or county law library
or online at www.courtinfo.ca.gov/forms.
You must file this form no later than 30 days after the trial court issued
the judgment or order you are appealing (see rule 8.902(b) of the
California Rules of Court for very limited exceptions). If your notice of
appeal is late, the court will not take your appeal.
Fill out this form and make a copy of the completed form for your records.
•
•
•
•
•
Your Information
1
(1) was the appellant’s lawyer in the trial court.
is the appellant’s lawyer for this appeal.
(2)
The clerk will fill in the number below:
Appellate Division Case Number:
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant is filling out this form):
b.
The lawyer filling out this form (check (1) or (2)):
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California
v.
Name:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
Record of the Oral Proceedings
I elect (choose)/My client elects to proceed (check a or b):
b.
a.
I am/My client is appealing (check a, b, or c):
the final judgment of conviction in the case (Penal Code section 1466(2)(A)).
other (describe the action you are appealing and indicate the date the trial court took the action):
a.
c.
Judgment or Order You Are Appealing2
3
New January 1, 2009
CR-142, Page 2 of 4
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 proceedings in the trial court, I have to choose the
record I want 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.
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):
Notice of Appeal and Record
of Oral Proceedings
(Infraction)
4
an order made by the trial court after judgment that affects an important (substantial) right of mine/my client
(Penal Code section 1466 (2)(B)).
b.
a.
Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the
trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check (1)
or (2)):
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
those proceedings in determining whether an error was made in the trial court proceedings.
Trial Court Case Name:
Trial Court Case Number:
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 during those proceedings in deciding whether a legal error was made.
4
(Write initials
here
)
:
(Write initials here):
4
The trial court issued (rendered) this judgment on (fill in the date):
The trial court issued this order on (fill in the date):
b.
Transcript From Official Electronic Recording. This option is available only if an official electronic
recording was made of what was said in the trial court. Check with the trial court to see if an official
electronic recording was made in your case before choosing this option. (Check (1) or (2)):
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.
New January 1, 2009
CR-142, Page 3 of 4
I am asking that this transcript be prepared at no cost to me because I cannot afford to pay this cost. I
have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of
Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can get
form MC-210 at any courthouse or county law library or online at www.courtinfo.ca.gov/forms. The
court will review this form to decide if you are eligible for a free transcript.)
(2)
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 proceedings, and you and the respondent
(the prosecuting agency) have agreed (stipulated) that you want to use the official electronic 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 the agreement
(stipulation) between you and the respondent to this notice. (Check (1) or (2)):
I will pay the trial court clerk’s office for this official electronic recording myself. I understand that
if I do not pay for this recording, it will not be provided to the appellate division.
(1)
I am asking that this official electronic recording be provided at no cost to me because I cannot
afford to pay this cost. I have completed and attached Defendant’s Financial Statement on
Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense
(form MC-210). (You can get form MC-210 at any courthouse or county law library or online at
www.courtinfo.ca.gov/forms. The court will review this form to decide if you are eligible for a free
copy of the official electronic recording.)
(2)
Notice of Appeal and Record
of Oral Proceedings
(Infraction)
(1)
c.
OR
Trial Court Case Name:
Trial Court Case Number:
4
I have NOT attached my proposed statement. 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 of appeal and that if I do not file
the proposed statement on time, the court may dismiss my appeal.
(2)
OR
a. (continued)
I have attached my proposed statement on appeal to this notice of appeal. (If you are not represented
by an attorney in this appeal, you must use Proposed Statement on Appeal (Infraction) (form
CR-143) to prepare and file this proposed statement. You can get form CR-143 at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.)
(1)
Trial Court Case Name:
Trial Court Case Number:
New January 1, 2009
CR-142, Page 4 of 4
Notice of Appeal and Record
of Oral Proceedings
(Infraction)
(1)
I am asking that this transcript be prepared at no cost to me because I cannot afford to pay the cost. I
have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of
Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can get
form MC-210 at any courthouse or county law library or online at www.courtinfo.ca.gov/forms. The
court will review this form to decide if you are eligible for a free reporter’s transcript.)
I will pay the trial court clerk’s office for this transcript myself when I receive the court reporter’s
estimate of the cost of the transcript. I understand that if I do not pay for this transcript, it will not be
prepared and provided to the appellate division.
(2)
REMINDER: Except in the very limited circumstances listed in rule 8.902(b), you must file this
form no later than 30 days after the trial court issued the judgment or order you are appealing
in your case. If your notice of appeal is late, the court will not take your appeal.
Date:
X
Signature of appellant or attorney
Type or print your name
4
d.
Reporter’s transcript. This option is available only if there was a court reporter in the trial court who
made a record of what was said in court. Check with the trial court to see if there was a court reporter in
your case before choosing this option. (Check (1) or (2)):
(continued)
OR
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
American LegalNet, Inc.
www.FormsWorkflow.com
Proposed Statement on Appeal
(Infraction)
Take or mail the completed form and proof of service on each of the other
parties to the clerk’s office for the same trial court that issued the judgment or
order you are appealing. It is a good idea to take or mail an extra copy to the
clerk and ask the clerk to stamp it to show that the original has been filed.
CR-143
Proposed Statement on Appeal
(Infraction)
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.916
CR-143, Page 1 of 7
This form is only for preparing a statement on appeal in an infraction case,
such as a case about a traffic ticket.
Before you fill out this form, read Information on Appeal Procedures for
Infractions (form CR-141-INFO) to know your rights and responsibilities.
You can get form CR-141-INFO at any courthouse or county law library or
online at www.courtinfo.ca.gov/forms.
Instructions
Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
•
•
•
•
This form can be filed at the same time as your notice of appeal. If it is not
filed with your notice of appeal, this form must be filed no later than 20
days after you file your notice of appeal. If you have chosen to use a
statement on appeal and do not file this form on time, the court may
dismiss your appeal.
•
You must serve a copy of the completed form on each of the other parties in
the case and keep proof of this service. You can get information about how to
serve court papers and proof of service from What Is Proof of Service? (form
APP-109-INFO) and on the California Courts Online Self-Help Center at
www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving.
•
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
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:
Trial Court Case Name:
The People of the State of California
v.
Your Information
1
(1)
was the appellant’s lawyer in the trial
court.
is the appellant’s lawyer for this appeal.
(2)
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who is filing this appeal):
a.
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant is filling out this form):
b.
The lawyer filling out this form (check (1) or (2)):
Name:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
pleaded guilty to all of the charges.
Proposed Statement
The charges against me/my client were (list all of the charges indicated on the citation or complaint filed by the
prosecutor with the court):
a.
b.
New January 1, 2009
CR-143, Page 2 of 7
If the charges against you/your client are based on a citation (ticket) you received, provide the citation number
(fill in the citation number from your ticket):
3
In the spaces below, describe any motions (requests for orders) made in the trial court. Write a complete and
accurate summary of what was said at any hearings on these motions and indicate how the trial court ruled on
these motions:
To submit a photograph or photographs as evidence (describe the photographs):
(1)
(a)
I/My client made the following requests (motions) in the trial court (check all that apply):
The Charges Against Me/My Client
4
Summary of Any Motions
c.
I/My client (check (1), (2), or (3))
Proposed Statement on Appeal
(Infraction)
2
Information About Your Appeal
(3)
(2)
(1)
pleaded guilty to only the following charges:
pleaded not guilty to all of the charges.
On (fill in the date): , I/my client filed a Notice of Appeal and
Record of Oral Proceedings (Infraction), choosing to use a statement on appeal as the record of what was said in
this case.
b.
Were any motions (requests for the trial court to issue an order) made in this case?
a.
Yes (fill out b)
No (go to item )
5
Trial Court Case Name:
Trial Court Case Number:
If there was a hearing on this motion, write a complete and accurate summary of what was said at
this hearing:
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 4b(1)(a).”
accept the photographs.The court did did not
a hearing on this motion.
There
was
was not
New January 1, 2009
CR-143, Page 3 of 7
Other (describe any other request you made in the trial court and whether the court granted or
denied this request):
(d)
Proposed Statement on Appeal
(Infraction)
Trial Court Case Name:
Trial Court Case Number:
4
The prosecutor made the following request (motion) in the trial court (describe any request the
prosecutor made in the trial court and whether the court granted or denied this request):
(2)
To submit other material as evidence (describe what you asked to submit as evidence in the trial
court):
(c)
To submit a map or maps as evidence (describe the maps):
(b)
If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:
If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:
(continued)
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 4b(1)(c).”
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 4b(1)(b).”
Check here if you need more space to describe the motion and attach a separate page or pages
describing it. At the top of each page write “CR-143, item 4b(1)(d).”
b(1)
a hearing on this motion.
There
was
was not
accept the maps.
The court did did not
a hearing on this motion.
There
was
was not
accept this material.
The court did did not
New January 1, 2009
CR-143, Page 4 of 7
Trial Court Case Name:
Trial Court Case Number:
Did an officer from the police department, sheriff’s office, or other government agency that charged you/your
client testify at the trial? (Check one):
(1) The name of the officer who testified is (fill in the officer’s name):
No
Yes (complete (1) and (2)):
c.
Yes (write a complete and accurate summary of the testimony you/your client gave. Include only what
you actually said; do not comment on or give your opinion about what you said):
b. Did you/your client testify at the trial?
No
Check here if you need more space to summarize your/your client’s testimony and attach a separate
page or pages summarizing this testimony. At the top of each page, write “CR-143, Item 5b.”
(complete items b, c, and d)
(skip items b, c, and d and go to item )
6
Summary of Testimony
5
Yes
Was there a trial in your case?
No
a.
Check here if other motions were filed, and attach a separate page or pages describing these other motions,
identifying who made them and whether there was a hearing on the motion, summarizing what was said at
the hearing on the motion, and indicating whether the trial court granted or denied the motion. At the top of
each page, write CR-143, item 4b(3).
Other (describe any other action the trial court took concerning this motion):
Check here if you need more space to describe this motion and attach a separate page or pages
describing it. At the top of each page, write “CR-143, item 4b(2).”
4
b(2) (continued)
If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing:
The trial court granted this motion. did not grant this motion.
Proposed Statement on Appeal
(Infraction)
a hearing on this motion.
There
was
was not
New January 1, 2009
CR-143, Page 5 of 7
Trial Court Case Name:
Trial Court Case Number:
I/My client was found guilty of the following offenses (list all of the offenses for which you were/your
client was found guilty):
The Trial Court's Findings
a.
I/My client was found not guilty of the following offenses (list all of the offenses for which you were/your client
was found not guilty):
b.
6
The witness’s name is (fill in the witness’s name):
d.
(1)
Were there any other witnesses at the trial?
No
Yes (fill out (1)–(4)):
This witness testified that (write a complete and accurate summary of the witness’s testimony.
Include only what the witness actually said; do not comment on or give your opinion about what the
witness said):
(2)
(3)
(4)
Check here if other witnesses testified at the trial. Attach a separate page or pages identifying each other
witness that testified at your trial, stating whether that witness testified on your/your client’s behalf or the
prosecution’s behalf, and summarizing what that witness said in his or her testimony. At the top of each page,
write “CR-143, item 5e.”
5
(2) This officer testified that (write a complete and accurate summary of the officer’s testimony. Include
only what the officer actually said; do not comment on or give your opinion about what the officer said):
Check here if you need more space to summarize the officer’s testimony and attach a separate page or
pages summarizing this testimony. At the top of each page, write “CR-143, Item 5c.”
c. (continued)
Proposed Statement on Appeal
(Infraction)
an officer from the government agency that charged me/my client.
The witness
was
was not
The witness testified on behalf of
me/my client.
the prosecution.
Trial Court Case Name:
Trial Court Case Number:
New January 1, 2009
CR-143, Page 6 of 7
The Sentence
a.
b.
c.
A fine of (fill in the amount of the fine): $
Traffic school
Community service (fill in the number of hours):
The trial court imposed the following fine or other punishment on me/my client (check all that apply and fill in any
required information):
7
d.
Other punishment (describe any other punishment that the court imposed on you):
8
Reasons for Your Appeal
There was not substantial evidence that supported the judgment, order, or other decision I am/my client is
appealing in this case. (Explain why you think the judgment, order, or other decision was not supported by
substantial evidence):
a.
(Check all that apply and describe the legal error or errors you believe were made that are the reason for this appeal.)
The appellate division:
• Cannot retry your case or take new evidence
• Cannot consider whether witnesses were telling the truth or lying
• Cannot consider whether there was more or stronger evidence supporting your position than there was
supporting the trial court’s decision
Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors
were made in the trial court proceedings (read form CR-141-INFO to learn about these legal errors):
• There was not “substantial evidence” supporting the judgment, order, or other decision you are
appealing
• A “prejudicial error” was made during the trial court proceedings.
The following charges were dismissed after proof of correction was shown to the judge (list all of the
charges that were dismissed):
c.
6
(continued)
Proposed Statement on Appeal
(Infraction)
New January 1, 2009
CR-143, Page 7 of 7
Trial Court Case Name:
Trial Court Case Number:
REMINDER: You must serve and file this form no later than 20 days after you file your notice
of appeal. If you do not file this form on time, the court may dismiss your appeal.
Date:
X
Signature of appellant or attorney
Type or print name
Check here if you need more space to describe these or other errors and attach a separate page or pages
describing the errors. At the top of each page, write “CR-143, item 8.”
The following error or errors about either the law or court procedure was/were made that caused substantial
harm to me/my client. (Describe each error and how you were/your client was harmed by that error.)
(1)
b.
Describe the error:
Describe how this error harmed you/your client:
8
(continued)
Proposed Statement on Appeal
(Infraction)
(2)
Describe the error:
Describe how this error harmed you/your client:
(3)
Describe the error:
Describe how this error harmed you/your client:
Print This Form
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For your protection and privacy, please press the Clear This Form
button after you have printed the form.
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www.FormsWorkflow.com
Abandonment of Appeal
(Infraction)
CR-145
Abandonment of Appeal
(Infraction)
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.904
CR-145, Page 1 of 2
This form is only for abandoning (giving up) an appeal in an infraction case,
such as a case about a traffic ticket.
Before you fill out this form, read Information on Appeal Procedures for
Infractions (form CR-141-INFO) to know your rights and responsibilities.
You can get form CR-141-INFO at any courthouse or county law library
or online at www.courtinfo.ca.gov/forms.
Instructions
•
•
Fill out this form and make a copy of the completed form for your records.
Take or mail the completed form to the appellate division clerk’s office. 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.
You fill in the name and street address of the
court that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
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:
Trial Court Case Name:
The People of the State of California
v.
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant (the party who filed this appeal):
a.
Fax (optional):
E-mail (optional):
State Bar number:
Name:
Phone:
( )
( )
Street address:
Mailing address (if different):
Street City State Zip
Street City State Zip
Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal):
b.
Name:
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
end of the form when finished.
New January 1, 2009
CR-145 Page 2 of 2
Abandonment of Appeal
(Infraction)
3
By signing and filing this form, I abandon/my client abandons that appeal.
Date:
Signature of appellant or attorney
Type or print your name
`
Appellate Division Case Name:
Appellate Division Case Number:
2
On (fill in the date):
in the box on page 1 of this form.
I/my client filed a notice of appeal in the trial court case identified
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
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INFRACTION APPEAL BOOKLET (The Superior Court of California - County of Orange)

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Completed 4 January 2021

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