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LIMITED CIVIL APPEAL
BOOKLET
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
L-0785 (Rev. July 1, 2010)
_____________________________________________________________________________
Information on Appeal Procedures APP-101-INFO, Page 1 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
Judicial Council of California, www.courtinfo.ca.gov
Revised July 1, 2010, Optional Form
Code of Civil Procedure, §§ 85–88
Cal. Rules of Court, rules 8.800–8.843, 8.800–8.891
This information sheet tells you about appeals in limited
civil cases. These are civil cases in which the amount of
money claimed is $25,000 or less.
If you are the party who is appealing (asking for the trial
court’s decision to be reviewed), you are called the
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
the RESPONDENT and you should read Information for
the Respondent, starting on page 11.
This information sheet does not cover everything you
may need to know about appeals in limited civil cases. It
is meant only to give you a general idea of the appeal
process. To learn more, you should read rules 8.800–
8.843 and 8.880–8.891 of the California Rules of Court,
which set out the procedures for limited civil appeals.
You can get these rules at any courthouse or county law
library or online at www.courtinfo.ca.gov/rules.
An appeal is a request to a higher court to review a
decision made by a judge or jury in a lower court. In a
limited civil 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:
GENERAL INFORMATION
For information about appeal procedures in other kinds
of cases, see:
• Information on Appeal Procedures for Unlimited
Civil Cases (form APP-001)
What does this information sheet
cover?
1
• Information on Appeal Procedures for Infractions
(form CR-141-INFO)
• Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO)
You can get these forms at any courthouse or county law
library or online at www.courtinfo.ca.gov/forms.
• Prejudicial error: The appellant (the party who is
appealing) 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 things like errors made
by the judge about the law, errors or misconduct by
the lawyers, incorrect instructions given to the jury,
and misconduct by the jury that harmed the
appellant. When it conducts its review, the appellate
division presumes that the judgment, order, or other
decision being appealed is correct. It is the
responsibility of the appellant to show the appellate
division that an error was made and that the error
was harmful.
What is an appeal?
2
• 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 jury’s or trial court’s conclusion about
which side had more or stronger evidence or whether
witnesses were telling the truth or lying.
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.
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 2 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
You do not have to have a lawyer; if you are an
individual (rather than a corporation, for example), you
are allowed to represent yourself in an appeal in a
limited civil 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.
If you decide not to use a lawyer, you must let the court
know if your address, telephone number, or other contact
information changes so that the court can contact you if
needed.
You have to hire your own attorney if you want one.
You can get information about finding an attorney on the
California Courts Online Self-Help Center at
www.courtinfo.ca.gov/selfhelp/lowcost.
This part of the information sheet is written for the
appellant—the party who is appealing the trial court’s
decision. It explains some of the rules and procedures
relating to appealing a decision in a limited civil case.
The information may also be helpful to the respondent.
Additional information for respondents can be found
starting on page 11 of this information sheet.
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 unless you are a
legally appointed representative of that person (such as
the person’s guardian or conservator).
No. Generally, you can only appeal the final judgment—
the decision at the end that decides the whole case. Other
rulings made by the trial court before the final judgment
generally cannot be separately appealed but can be
reviewed only later as part of an appeal of the final
judgment. There are a few exceptions to this general
rule. Code of Civil Procedure section 904.2 lists a few
types of orders in a limited civil case that can be
appealed right away. These include orders that:
• Change or refuse to change the place of trial (venue)
•
Grant a motion to quash service of summons or
grant a motion to stay or dismiss the action on the
ground of inconvenient forum
•
Grant a new trial or deny a motion for judgment
notwithstanding the verdict
•
Discharge or refuse to discharge an attachment or
grant a right to attach
•
Grant or dissolve an injunction or refuse to grant or
dissolve an injunction
•
Appoint a receiver
•
Are made after final judgment in the case
(You can get a copy of Code of Civil Procedure section
904.2 at www.leginfo.ca.gov/calaw.html.)
First, you must serve and file a notice of appeal. The
notice of appeal tells the other party or parties in the case
and the trial court that you are appealing the trial court’s
decision. You may use Notice of Appeal/Cross-Appeal
(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
online at www.courtinfo.ca.gov/forms.
Do I need a lawyer to represent me in
an appeal?
Who can appeal?
Can I appeal any decision the trial
court made?
3
Where can I find a lawyer to help me
with my appeal?
4
How do I start my appeal?
5
6
INFORMATION FOR THE APPELLANT
7
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 3 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
“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 notice of appeal to the other party or parties in
the way required by law.
• Make a record that the notice of appeal 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 notice of appeal,
who was served with the notice of appeal, how the
notice of appeal was served (by mail or in person),
and the date the notice of appeal was served.
• Bring or mail the original notice of appeal and the
proof of service to the trial court that issued the
judgment, order, or other decision you are appealing.
You should make a copy of the notice of appeal 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 notice of appeal 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.
Yes. In a limited civil case, except in the very limited
circumstances listed in rule 8.823, you must file your
notice of appeal within 30 days after the trial court clerk
mails or a party serves either a document called a
“Notice of Entry” of the trial court judgment or a file-
stamped copy of the judgment or within 90 days after
entry of the judgment, whichever is earlier. 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.
How do I “serve and file” the notice
of appeal?
8
Do I have to pay to file an appeal?
Yes. Unless the court waives this fee, you must pay a fee
for filing your notice of appeal. You can ask the clerk of
the court where you are filing the notice of appeal what
the fee is or look at Government Code section 70621.
(You can get a copy of this law at www.leginfo.ca.gov
.calaw.html.) If you cannot afford to pay the fee, you can
ask the court to waive it. To do this, you must fill out
and file a Request to Waive Court Fees (form FW-001).
You can get form FW-001 at any courthouse or county
law library or online at www.courtinfo.ca.gov/forms.
You can file this application either before you file your
notice of appeal or with your notice of appeal. The court
will review this application to determine if you are
eligible for a fee waiver.
10
11
If I file a notice of appeal, do I still have to
do what the trial court ordered me to do?
Filing a notice of appeal does NOT automatically
postpone most judgments or orders, such as those
requiring you to pay another party money or to deliver
property to another party (see Code of Civil Procedure
sections 917.1–917.9 and 1176; you can get a copy of
these laws at www.leginfo.ca.gov.calaw.html). These
kinds of judgments or orders will be postponed, or
“stayed,” only if you request a stay and the court grants
your request. In most cases, other than unlawful detainer
cases in which the trial court’s judgment gives a party
possession of the property, if the trial court denies your
request for a stay, you can apply to the appellate division
for a stay. If you do not get a stay and you do not do
what the trial court ordered you to do, court proceedings
to collect the money or otherwise enforce the judgment
or order may be started against you.
Is there a deadline to file my notice of
appeal?
9
What do I need to do after I file my
notice of appeal?
12
You must ask the clerk of the trial court to prepare and
send the official record of what happened in the trial
court in your case to the appellate division.
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
appellate division for its review. You can use Notice
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 4 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
Designating Record on Appeal (Limited Civil Case)
(form APP-103) to ask the trial court to prepare this
record. You can get form APP-103 at any courthouse or
county law library or online at www.courtinfo.ca.gov
/forms.
You must serve and file this notice designating the
record on appeal within 10 days after you file your
notice of appeal. “Serving and filing” this notice 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 notice to the other party or parties in the way
required by law.
• Make a record that the notice 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 notice, who was served with the
notice, how the notice was served (by mail or in
person), and the date the notice was served.
• Bring or mail the original notice and the proof of
service to the trial court that issued the judgment,
order, or other decision you are appealing. You
should make a copy of the notice 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 notice 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
There are three parts of the official record:
a. A record of the documents filed in the trial court
(other than exhibits)
b. A record of what was said in the trial court (this is
called the “oral proceedings”)
c. Exhibits that were admitted in evidence, refused,
or lodged (temporarily placed with the court) in
the trial court
Read below for more information about these parts of
the record.
a. Record of the documents filed in the trial
court
The first part of the official record of the trial court
proceedings is a record of the documents that were filed
in the trial court. There are three ways in which a record
of the documents filed in the trial court can be prepared
for the appellate division:
(1) A clerk’s transcript
(2) The original trial court file or
(3) An agreed statement
Read below for more information about these options.
(1) Clerk's transcript
Description: A clerk’s transcript is a record of
the documents filed in the trial court prepared by
the clerk of the trial court.
Contents: Certain documents, such as the notice
of appeal and the trial court judgment or order
being appealed, must be included in the clerk’s
transcript. These documents are listed in rule
8.832(a) of the California Rules of Court and in
Notice Designating Record on Appeal (Limited
Civil Case) (form APP-103).
If you want any documents other than those
listed in rule 8.832(a) to be included in the
clerk’s transcript, you must tell the trial court in
your notice designating the record on appeal.
You can use form APP-103 to do this. You will
need to identify each document you want
included in the clerk’s transcript by its title and
filing date or, if you do not know the filing date,
the date the document was signed.
What is the official record of the trial
court proceedings?
13
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 5 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
If you—the appellant—request a clerk’s
transcript, the respondent also has the right to
ask the clerk to include additional documents in
the clerk’s transcript. If this happens, you will be
served with a notice saying what other
documents the respondent wants included in the
clerk’s transcript.
Cost: The appellant is responsible for paying for
preparing a clerk’s transcript. The trial court
clerk will send you a bill for the cost of
preparing an original and one copy of the clerk’s
transcript. You must do one of the following
things within 10 days after the clerk sends this
bill or the appellate division may dismiss your
appeal:
•
Pay the bill.
• Ask the court to waive the cost because you
cannot afford to pay. To do this, you must
fill out and file a Request to Waive Court
Fees (form FW-001). You can get form
FW-001 at any courthouse or county law
library or online at www courtinfo.ca.
gov/forms. The court will review this
application to determine if you are eligible
for a fee waiver.
• Give the court a copy of a court order
showing that your fees in this case have
already been waived by the court.
Completion and delivery: After the cost of
preparing the clerk’s transcript has been paid or
waived, the trial court clerk will compile the
requested documents into a transcript format and
forward the original clerk’s transcript to the
appellate division for filing. The trial court clerk
will send you a copy of the transcript. If the
respondent bought a copy, the clerk will also
send a copy of the transcript to the respondent.
(2) Trial court file
When available: If the court has a local rule
allowing this, the clerk can send the appellate
division the original trial court file instead of a
clerk’s transcript (see rule 8.833 of the
California Rules of Court).
Cost: As with a clerk’s transcript, the appellant
is responsible for paying for preparing the trial
court file. The trial court clerk will send you a
bill for this preparation cost. You must do one of
the following things within 10 days after the
clerk sends this bill or the appellate division may
dismiss your appeal:
• Pay the bill.
• Ask the court to waive the cost because you
cannot afford to pay. To do this, you must
fill out and file a Request to Waive Court
Fees (form FW-001). You can get form
FW-001 at any courthouse or county law
library or online at www.courtinfo.ca.
gov/forms. The court will review this
application to determine if you are eligible
for a fee waiver.
• Give the court a copy of a court order
showing that your fees in this case have
already been waived by the court.
Completion and delivery: After the cost of
preparing the trial court file has been paid or
waived, 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 list of documents to the
appellant and respondent so that you can put
your own files of documents from the trial court
in the correct order.
(3) Agreed statement
Description: An agreed statement is a summary
of the trial court proceedings agreed to by the
parties (see rule 8.836 of the California Rules of
Court).
When available: If you and the respondent agree
to this, you can use an agreed statement instead
of a clerk’s transcript. To do this, you must
attach to your agreed statement all of the
documents that are required to be included in a
clerk’s transcript. If you choose this alternative,
you must file with your notice designating the
record on appeal either the agreed statement or a
written agreement with the respondent (a
“stipulation”), stating that you are trying to
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 6 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
agree on a statement. Within the next 30 days,
you must then file the agreed statement or tell
the court that you were unable to agree on a
statement and file a new notice designating the
record.
b. Record of what was said in the trial court
(the “oral proceedings”)
The second part of the official record of the trial court
proceedings is a record of what was said in the trial court
(this is called a record of the “oral proceedings”). You
do not have to send the appellate division a record of the
oral proceedings. 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 those 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.
You are responsible for deciding how the record of the
oral proceedings will be provided and, depending on
what option you select and your circumstances, you may
also be responsible for paying for preparing this record
or for preparing an initial draft of the record. 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 this record, it will not be able to
review any issues that are based on what was said in
the trial court.
In a limited civil case, you can use Notice Designating
Record on Appeal (Limited Civil Case) (form APP-103)
to tell the court whether you want a record of the oral
proceedings and, if so, the form of the record that you
want to use. You can get form APP-103 at any
courthouse or county law library or online at
www.courtinfo.ca.gov/forms.
There are four ways in which a record of the oral
proceedings can be prepared for the appellate division:
(1) If you or the other party arranged to have a court
reporter there during the trial court proceedings,
the reporter can prepare a record, called a
“reporter’s transcript.”
(2) If the proceedings were officially electronically
recorded, the trial court can have a transcript
prepared from that recording or, if the court has a
local rule permitting this and you and the other
party agree (“stipulate”) to this, you can use the
official electronic recording itself instead of a
transcript.
(3) You can use an agreed statement.
(4) You can use a statement on appeal.
Read below for more information about these options.
(1) Reporter’s transcript
Description: A reporter’s transcript is a written
record (sometimes called a “verbatim” record) of
the oral proceedings in the trial court prepared by
a court reporter. Rule 8.834 of the California Rules
of Court establishes the requirements relating to
reporter’s transcripts.
When available: If a court reporter was there in
the trial court and made a record of the oral
proceedings, you can choose (“elect”) to have the
court reporter prepare a reporter’s transcript for
the appellate division. In most limited civil cases,
however, a court reporter will not have been there
unless you or another party in your case made
specific arrangements to have a court reporter
there. Check with the court to see if a court
reporter made a record of the oral proceedings in
your case before choosing this option.
Contents: If you elect to use a reporter’s
transcript, you must identify by date (this is called
“designating”) what proceedings you want to be
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—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
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Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 7 of 14
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
respondent may not designate a reporter’s
transcript without first getting an order from the
appellate division.
Cost: The appellant is responsible for paying for
preparing a reporter’s transcript. The trial court
clerk or the court reporter will notify you of the
cost of preparing an original and one copy of the
reporter’s transcript. You must deposit payment
for this cost with the trial court clerk within 10
days after this notice is sent.
Unlike the fee for filing the notice of appeal and
the costs for preparing a clerk’s transcript, the
court cannot waive the fee for preparing a
reporter’s transcript. If you are represented by a
lawyer in your appeal, a special fund, called the
Transcript Reimbursement Fund, may be able to
help pay for the transcript. However, there is no
financial help available for parties who are not
represented by lawyers. If you are unable to pay
the cost of a reporter’s transcript, a record of the
oral proceedings can be prepared in other ways, by
using an agreed statement or a statement on
appeal, which are described below.
Completion and delivery: After the cost of
preparing the reporter’s transcript has been
deposited, the court reporter will prepare the
transcript and submit it to the trial court clerk. The
trial court clerk will submit the original transcript
to the appellate division and send you a copy of
the transcript. If the respondent has purchased it, a
copy of the reporter’s transcript will also be
mailed to the respondent.
(2) Official electronic recording or transcript
When available: In some limited civil cases, the
trial court proceedings were officially recorded on
approved electronic recording equipment. If your
case was officially recorded, you can choose
(“elect”) to have a transcript prepared from the
recording. Check with the trial court to see if the
oral proceedings in your case were officially
electronically recorded before you choose this
option. If the court has a local rule permitting this
and all the parties agree (“stipulate”), a copy of an
official electronic recording itself can be used as
the record, instead of preparing a transcript. If you
choose this option, you must attach a copy of this
agreement (“stipulation”) to your notice
designating the record on appeal.
Cost: The appellant is responsible for paying for
preparing this transcript or making a copy of the
official electronic recording. If you cannot afford
to pay this cost, you can ask the court to waive it.
To do this, you must fill out and file a Request to
Waive Court Fees (form FW-001). You can get
form FW-001 at any courthouse or county law
library or online at www.courtinfo.ca.gov/forms.
The court will review this application to determine
if you are eligible for a fee waiver.
Completion and delivery: After the estimated cost
of the transcript or official electronic recording has
been paid or waived, 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 it to the appellate division.
(3) Agreed statement
Description: An agreed statement is a written
summary of the trial court proceedings agreed to
by all the parties.
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 one of these options, you can
choose (“elect”) to use an agreed statement as the
record of the oral proceedings (please note that it
may take more of your time to prepare an agreed
statement than to use either a reporter’s transcript
or official electronic recording, if they are
available).
Contents: An agreed statement must explain what
the trial court case was about, describe why the
appellate division is the right court to consider an
appeal in this case (why the appellate division has
“jurisdiction”), and describe the rulings of the trial
court relating to the points to be raised on appeal.
The statement should include only those facts that
you and the other parties think are needed to
decide the appeal.
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Information on Appeal Procedures for Limited Civil Cases
Preparation: If you elect to use this option, you
must file the agreed statement with your notice
designating the record on appeal or, if you and the
other parties need more time to work on the
statement, you can file a written agreement with
the other parties (called a “stipulation”) stating
that you are trying to agree on a statement. If you
file this stipulation, within the next 30 days you
must either file the agreed statement or tell the
court that you and the other parties were unable to
agree on a statement and file a new notice
designating the record.
(4) Statement on appeal
Description: A statement on appeal is a summary
of the trial court proceedings that is approved by
the trial court judge who conducted those
proceedings (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 one of these options, you can
choose (“elect”) to use a statement on appeal as
the record of the oral proceedings (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 official 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 8.837 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 rule at any courthouse or county law
library or online at www.courtinfo.ca.gov/rules).
Preparing a proposed statement: If you elect 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 (Limited Civil Case) (form APP-104) to
prepare your proposed statement. You can get
form APP-104 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 the proposed statement with
the trial court within 20 days after you file your
notice designating the record. “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
respondent in the way required by law.
• 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 about 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 respondent has 10
days from the date you serve your proposed
statement to serve and file proposed changes
(called “amendments”) to this statement. The trial
court judge then reviews both your proposed
statement and any proposed amendments filed by
the respondent and makes any corrections or
modifications to the statement that are needed to
make sure that the statement provides a complete
and accurate summary of the trial court
proceedings.
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
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 and the respondent for your review.
If you disagree with anything in the judge’s
statement, you 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 statement to the appellate division: Once
the trial court judge certifies the statement on
appeal, the trial court clerk will send the statement
to the appellate division along with any record of
the documents filed in the trial court.
c. Exhibits
The third part of the official record of the trial
court proceeding is the exhibits, such as
photographs, documents, or other items that were
admitted in evidence, refused, or lodged
(temporarily placed with the court) in the trial
court. Exhibits are considered part of the record on
appeal, but the clerk will not include any exhibits
in the clerk’s transcript unless you ask that they be
included in your notice designating the record on
appeal. Notice Designating Record on Appeal
(Limited Civil Case) (form APP-103), includes a
space for you to make this request.
You also can ask the trial court to send original
exhibits to the appellate division at the time briefs
are filed (see rule 8.843 for more information
about this procedure and see below for
information about briefs).
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 that exhibit to be
included in the clerk’s transcript or sent to the
appellate division, the party who has the exhibit
must deliver that exhibit to the trial court clerk as
soon as possible.
What happens after the official record
has been prepared?
14
As soon as the record on appeal is complete, the clerk of
the trial court will send it to the appellate division. When
the appellate division receives the record, it will send
you a notice telling you when you must file your brief in
the appellate division.
15
What is a brief?
Description: 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, you will have to prepare your brief yourself.
You should read rules 8.882–8.884 of the California
Rules of Court, which set out the requirements for
preparing, serving, and filing briefs in limited civil
appeals, including requirements for the format and
length of these briefs. You can get copies of these rules
at any courthouse or county law library or online at
www.courtinfo.ca.gov/rules.
Contents: If you are the appellant, your brief, called an
“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 reporter’s transcript (or the other forms
of the record you are using) 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 other parties 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
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
who served the brief, who was served with the brief,
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.
You can get more information about how to serve court
papers and about 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.
You and the other parties can agree (stipulate) to extend
the time for filing this brief by up to 30 days (see rule
8.882(b) for requirements for these agreements). You
can also ask the court to extend the time for filing this
brief if you can show good cause for an extension (see
rule 8.811(b) for a list of the factors the court will
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)
to ask the court for an extension.
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 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 files a brief, within 20 days after the
respondent’s brief was filed, you may, but are not
required to, file another brief replying to the
respondent’s brief. This is called a “reply brief.”
What happens after all the briefs
have been filed?
17
Once all the briefs have been filed or the time to file
them has passed, the appellate division will notify you of
the date for oral argument in your case.
What is “oral argument?”
18
“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
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.
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
your appeal or ask the judges if they have any questions
you could answer.
19
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 the appellate
division’s decision.
What happens after oral argument?
16
What happens after I file my brief?
What should I do if I want to give up
my appeal?
20
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 (Limited Civil Case) (form
APP-107) to file this notice in a limited civil case. You
can get form APP-107 at any courthouse or county law
library or online at www.courtinfo.ca.gov/forms.
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Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 11 of 14
for Limited Civil Cases
APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
This section of this information sheet is written for the
respondent—the party responding to an appeal filed by
another party. It explains some of the rules and
procedures relating to responding to an appeal in a
limited civil case. The information may also be helpful
to the appellant.
You do not have to do anything. The notice of appeal
simply tells you that another party is appealing the trial
court’s decision. However, this would be a good time to
get advice from a lawyer, if you want it. You do not
have to have a lawyer; if you are an individual (not a
corporation, for example), you are allowed to represent
yourself in an appeal in a limited civil 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 must hire your own lawyer 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/.
Yes. Even if another party has already appealed, you
may still appeal the same judgment or order. This is
called a “cross-appeal.” To cross-appeal, you must serve
and file a notice of appeal. You can use Notice of
Appeal/Cross-Appeal (Limited Civil Case) (form
APP-102) to file this notice in a limited civil case. Please
read the information for appellants about filing a notice
of appeal, starting on page 2 of this information sheet, if
you are considering filing a cross-appeal.
Yes. You must serve and file your notice of appeal
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
court mails notice of the first appeal, whichever is later.
INFORMATION FOR THE RESPONDENT
You do not have to do anything. A notice designating
the record on appeal lets you know what kind of official
record the appellant has asked to be sent to the appellate
division. Depending on the kind of record chosen by the
appellant, however, you may have the option to:
• Add to what is included in the record
•
Participate in preparing the record or
•
Ask for a copy of the record
Look at the appellant’s notice designating the record on
appeal to see what kind of record the appellant has
chosen and read about that form of the record in the
response to question above. Then read below for
what your options are when the appellant has chosen that
form of the record.
(a) Clerk's transcript
If the appellant is using a clerk’s transcript, you
have the option of asking the clerk to include
additional documents in the clerk’s transcript.
To do this, within 10 days after the appellant
serves its notice designating the record on
appeal, you must serve and file a notice
designating additional documents to be included
in the clerk’s transcript.
Whether or not you ask for additional documents
to be included in the clerk’s transcript, you must
pay a fee if you want a copy of the clerk’s
transcript. The trial court clerk will send you a
notice indicating the cost for a copy of the
clerk’s transcript. If you want a copy, you must
deposit this amount with the court within 10
days after the clerk’s notice was sent. If you
cannot afford to pay this cost, you can ask the
court to waive it. To do this, you must fill out
and file a Request to Waive Court Fees (form
FW-001). You can get form FW-001 at any
courthouse or county law library or online at
I have received a notice of appeal from
another party. Do I need to do anything?
If the other party appealed, can I appeal
too?
Is there a deadline to file a cross-
appeal?
I have received a notice designating
the record on appeal from another
party. Do I need to do anything?
24
21
13
22
23
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Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 12 of 14
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
www.courtinfo.ca.gov/forms. The court will
review this application and determine if you are
eligible for a fee waiver. The clerk will not
prepare a copy of the clerk’s transcript for you
unless you deposit payment for the cost or
obtain a fee waiver.
(b) Reporter’s transcript
If the appellant is using a reporter’s transcript,
you have the option of asking for additional
proceedings to be included in the reporter’s
transcript. To do this, within 10 days after the
appellant files its notice designating the record
on appeal, you must serve and file a notice
designating additional proceedings to be
included in the reporter’s transcript.
Whether or not you ask for additional
proceedings to be included in the reporter’s
transcript, you must pay a fee if you want a copy
of the reporter’s transcript. The trial court clerk
or reporter will send you a notice indicating the
cost of preparing a copy of the reporter’s
transcript. If you want a copy of the reporter’s
transcript, you must deposit this amount with the
court within 10 days after the clerk’s notice was
sent. The reporter will not prepare a copy of the
reporter’s transcript for you unless you pay this
deposit.
If the appellant elects not to use a reporter’s
transcript, you may not designate a reporter’s
transcript without first getting an order from the
appellate division.
(c) Agreed statement
If you and the appellant agree to prepare an
agreed statement (a summary of the trial court
proceedings that is agreed to by the parties), you
and the appellant will need to reach an
agreement on that statement within 30 days after
the appellant files its notice designating the
record.
(d) Statement on appeal
If the appellant elects to use a statement on
appeal (a summary of the trial court proceedings
that is approved by the trial court), the appellant
will send you a proposed statement to review.
You will have 10 days from the date the
appellant sent you this proposed statement to
serve and file suggested changes (called
“amendments”) that you think are needed to
make sure that the statement provides a
complete and accurate summary of the trial court
proceedings. “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 amendments
to the appellant in the way required by law.
•
Make a record that the proposed
amendments have 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 amendments, who was served with
the proposed amendments, how the
proposed amendments were served (by mail
or in person), and the date the proposed
amendments were served.
•
File the original proposed amendments and
the proof of service with the trial court. You
should make a copy of the proposed
amendments you are planning to file for
your own records before you file them with
the court. It is a good idea to bring or mail
an extra copy of the proposed amendments
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.
What happens after the official record
has been prepared?
25
As soon as the record on appeal is complete, the clerk of
the trial court will send it to the appellate division. When
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
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, 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 8.882–8.884 of the California Rules of Court,
which set out the requirements for preparing, serving,
and filing briefs in limited civil 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.
The appellant serves and files the first brief, called an
“appellant’s opening brief.” You may, but are not
required to, respond by serving and filing a respondent’s
brief within 30 days after the appellant’s opening brief is
filed. “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 other parties 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,
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.
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.
You and the other parties can agree (stipulate) to extend
the time for filing this brief by up to 30 days (see rule
8.882(b) for requirements for these agreements). You
can also ask the court to extend the time for filing this
brief if you can show good cause for an extension (see
rule 8.811(b) for a list of the factors the court will
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)
to ask the court for an extension.
If you do not file a respondent’s 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. 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.
If you file a respondent’s brief, the appellant then has an
opportunity to serve and file another brief within 20 days
replying to your brief.
What happens after all the briefs
have been filed?
26
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
_____________________________________________________________________________
Revised July 1, 2010 Information on Appeal Procedures APP-101-INFO, Page 14 of 14
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APP-101-INFO
Information on Appeal Procedures for Limited Civil Cases
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.
American LegalNet, Inc.
www.FormsWorkflow.com
Notice of Appeal/Cross-Appeal
(Limited Civil Case)
Take or mail the original completed form and proof of service on the other
parties to the clerk’s office for the same 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.
APP-102
Notice of Appeal/Cross-Appeal
(Limited Civil Case)
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.823
APP-102, Page 1 of 3
This form is only for appealing in a limited civil case. You can get other
forms for appealing in criminal cases 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
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
Instructions
You must serve and file this form no later than 30 days after the trial
court mails or a party serves a document called a Notice of Entry of the
trial court judgment or a file-stamped copy of the judgment or 90 days after
entry of judgment, whichever is earlier (see rule 8.823 of the California
Rules of Court for very limited exceptions). If your notice of appeal is
late, your appeal will be dismissed.
Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
•
•
•
•
•
Serve a copy of the completed form on each of the other parties 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
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:
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):
b.
Name of 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 does not have a lawyer for this appeal):
c.
Trial Court Case Number:
Trial Court Case 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.
I am /My client is appealing (check a or b):
The final judgment in the trial court case identified in the box on page 1 of this form.
a.
The date the trial court entered this judgment was (fill in the date):
Judgment or Order You Are Appealing
3
Notice of Appeal/Cross-Appeal
(Limited Civil Case)
New January 1, 2009
APP-102, Page 2 of 3
b.
Other:
An order made after final judgment in the case.
An order changing or refusing to change the place of trial (venue).
The date the trial court entered this order was (fill in the date):
An order granting a motion to quash service of summons.
The date the trial court entered this order was (fill in the date):
(1)
(2)
(3)
The date the trial court entered this order was (fill in the date):
An order granting a motion to stay or dismiss the action on the ground of inconvenient forum.
The date the trial court entered this order was (fill in the date):
(4)
An order granting a new trial.
The date the trial court entered this order was (fill in the date):
The date the trial court entered this order was (fill in the date):
(5)
(6)
An order denying a motion for judgment notwithstanding the verdict.
Trial Court Case Name:
Trial Court Case Number:
2
This is (check a or b):
The first appeal in this case.
a.
A cross-appeal (an appeal filed after the first appeal in this case (complete (1), (2), and (3)).
b.
The notice of appeal in the first appeal was filed on (fill in the date that the other party filed its notice of
appeal in this case):
(1)
The trial court clerk mailed notice of the first appeal on (fill in the date that the clerk mailed the notice of
the other party’s appeal in this case):
The appellate division case number for the first appeal is (fill in the appellate division case number of the
other party’s appeal, if you know it):
An order granting or dissolving an injunction or refusing to grant or dissolve an injunction.
The date the trial court entered this order was (fill in the date):
(7)
(2)
(3)
Notice of Appeal/Cross-Appeal
(Limited Civil Case)
New January 1, 2009
APP-102, Page 3 of 3
Date:
X
Signature of appellant/cross-appellant or attorney
Type or print your name
REMINDER: Except in the very limited circumstances listed in rule 8.823, you must serve and file
this form no later than (1) 30 days after the trial court clerk mails or a party serves either a
document called a Notice of Entry of the trial court judgment or a file-stamped copy of the
judgment or (2) within 90 days after entry of judgment, whichever is earlier. If your notice of appeal
is late, your appeal will be dismissed.
Record Preparation Election
I have/My client has completed Notice Designating Record on Appeal (Limited Civil Case)
(form APP-103) and attached it to this notice of appeal.
I/My client will complete Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) later.
I understand that I must file this notice in the trial court within 10 days of the date I file this notice of
appeal.
a.
b.
4
Complete this section only if you are filing the first appeal in this case. If you are filing a cross-appeal, skip this
section and go to the signature line.
Check a or b if you are filing the first appeal in this case:
Trial Court Case Name:
Trial Court Case Number:
Other action (please describe and indicate the date the trial court took the action you are
appealing):
(9)
The date the trial court entered this order was (fill in the date):
(8)
An order appointing a receiver.
3
(continued)
Print This Form
For your protection and privacy, please press the Clear This
Form button after you have printed the form.
APP-103
APP-103, Page 1 of 6
Judicial Council of California, www.courtinfo.ca.gov
(Revised) July 1, 2010, Optional Form
Cal. Rules of Court, rule 8.831
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
This form is only for choosing (“designating”) the record on appeal in a
limited civil case.
This form can be attached to your notice of appeal. If it is not attached to
your notice of appeal, you must serve and file this form within 10 days
after you file your notice of appeal. If you do not file this form on time,
the court may dismiss your appeal.
Fill out this form and make a copy of the completed form for your
records and for each of the other parties.
•
•
•
•
•
Take or mail the original completed form and proof of service on the other
parties to the clerk’s office for the same 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.
Serve a copy of the completed form on each of the other parties and keep
proof of this service. You can get information about how to serve court
papers and proof of service on the California Courts Online Self-Help
Center site at www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#serving.
•
Your Information
1
APP-103, Page 1 of 5
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:
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):
b.
Name of 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 does not have a lawyer for this appeal):
c.
Clerk stamps date here when form is filed.
Appellant's Notice Designating
Record on Appeal
(Limited Civil Case)
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
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.
Information About Your Appeal
2
On (fill in the date):
trial court case identified in the box on page 1 of this form.
Record of the Documents Filed in the Trial Court
3
Required documents. The clerk will automatically include the following items in the clerk’s transcript, but
you must provide the date each document was filed or, if that is not available, the date the document was
signed.
a.
Document Title and Description Date of Filing
Notice of appeal
Notice designating record on appeal (this document)
Judgment or order appealed from
Notice of intention to move for new trial or motion to vacate the judgment, for
judgment notwithstanding the verdict, or for reconsideration of an appealed order (if any)
Notice of entry of judgment (if any)
Ruling on any item included under (e)
Register of actions or docket
I request that the clerk include in the transcript the following documents that were filed in the trial court.
(Identify each document you want included by its title and provide the date it was filed or, if that is not
available, the date the document was signed).
Additional documents. If you want any documents in addition to the required documents listed in (1) above
to be included in the clerk’s transcript, you must identify those documents here.
(2)
Document Title and Description Date of Filing
(a)
(b)
(c)
(e)
(d)
(Revised) July 1, 2010
APP-103, Page 2 of 6
I/my client filed a notice of appeal in the
Trial Court Case Name:
Trial Court Case Number:
I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a or b
and fill in any required information):
Clerk’s Transcript. (Fill out (1)–(4).) Note that, if the appellate division has adopted a local rule
permitting this, the clerk may prepare and send the original court file to the appellate division instead of a
clerk’s transcript.
Check here if you need more space to list other documents and attach a separate page or pages listing those
documents. At the top of each page, write “APP-103, item 3a(2).”
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
Check here if you need more space to list other exhibits and attach a separate page or pages listing those
exhibits. At the top of each page, write “APP-103, item 3a(3).”
An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to
Waive Court Fees (form FW-001) The court will review this form to decide if you are
eligible for a fee waiver).
I will pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the
costs of the transcript. I understand that if I do not pay for the transcript, it will not be prepared
and provided to the appellate division.
I am asking that the clerk’s transcript be provided at no cost to me because I cannot afford to pay
this cost. I have attached (check (i) or (ii) and attach the checked document):
An order granting a waiver of the cost under rules 3.50–3.58
WITHOUT a record of the oral proceedings in the trial court (skip ; sign and date this form). I understand
that if I elect to proceed without a record of the oral proceedings in the trial court the appellate division will
not be able to consider what was said during those proceedings in determining whether a legal error was
made.
Record of Oral Proceedings in the Trial Court
I elect (choose)/My client elects to proceed (check a or b):
4
APP-103, Page 3 of 6
(a)
(b)
a.
(i)
(ii)
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.
I request that the clerk include in the transcript the following exhibits that were admitted in evidence,
refused, or lodged in the trial court. (For each exhibit, give the exhibit number (such as Plaintiff’s #1 or
Defendant’s A) and a brief description of the exhibit and indicate whether or not the court admitted the
exhibit into evidence. If the trial court has returned a designated exhibit to a party, the party who has
that exhibit must deliver it to the trial court clerk as soon as possible.)
Exhibit Number Description
Exhibits.
(3)
Admitted Into Evidence
No
Yes
Yes
Yes
Yes
Yes
No
No
No
No
Agreed statement. (You must complete item d below and attach to your agreed statement copies of all the
documents that are required to be included in the clerk’s transcript. These documents are listed in 3a(1)
above and in rule 8.832 of the California Rules of Court.)
5
b.
(Write initials here):
Payment for clerk’s transcript. (Check a or b.)
(4)
OR
a. (continued)
Trial Court Case Name:
Trial Court Case Number:
3
5
(Revised) July 1, 2010
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
The proceedings designated in (1)
(2)
Date Department Court Reporter’s Name
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(You must identify each proceeding you want included by its date, the department in which it
took place, a description of the proceedings [for example, the examination of jurors, motions
before trial, the taking of testimony, or the giving of jury instructions], and, if you know it, the
name of the court reporter who recorded the proceedings.)
(1)
Designation of proceedings to be included in reporter’s transcript. I request that the following
proceedings in the trial court be included in the reporter’s transcript.
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. (Complete (1) and (2).):
I want to use the following record of what was said in the trial court proceedings in my case (check and complete
only one of the following below—a, b, c, d, or e):
a.
5
Check here if you need more space to list other proceedings and attach a separate page or pages listing
those proceedings. At the top of each page, write “APP-103, item 5a.”
Description
(Write initials here):
Trial Court Case Name:
Trial Court Case Number:
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 to use and take the actions described below to make sure that 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.
4
5
b.
(continued)
include
do not include
in the trial court. If the designated proceedings DO NOT include all of the testimony, state the points
that you intend to raise on appeal. (Rule 8.834(a)(2) provides that your appeal will be limited to
these points unless, on motion, the appellate division permits otherwise.)
all of the testimony
Check here if you need more space to list other points and attach a separate page or pages listing
those points. At the top of each page, write “APP-103, item 5a(2).”
APP-103, Page 4 of 6
(Revised) July 1, 2010
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to
Waive Court Fees (form FW-001). The court will review this form to decide if you are
eligible for a fee waiver.)
An order granting a waiver of the cost under rules 3.50–3.58
I am asking that a copy of the recording be provided at no cost to me because I cannot afford to pay
this cost. I have attached (check (a) or (b) and attach the appropriate document):
(2)
(a)
(b)
I will pay the trial court clerk for this copy of the recording myself when I receive the clerk’s
estimate of the costs of this copy. I understand that if I do not pay for this copy of the recording, it
will not be prepared and provided to the appellate division.
(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 authorizing
parties to use the official electronic recording itself as the record of the court proceedings, and all of the
parties have agreed (stipulated) that they want to use the recording itself as the record of what was said in
the 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 other parties to this
notice. (Check and complete (1) or (2).):
c.
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 and complete (1) or (2)):
I will pay the trial court clerk for this transcript myself when I receive the clerk’s estimate of the
costs of the transcript. I understand that if I do not pay for the transcript, it will not be prepared
and provided to the appellate division.
b.
(1)
(a)
I am asking that the transcript be provided at no cost to me because I cannot afford to pay this cost.
I have attached (check (a) or (b) and attach the appropriate document):
(b)
An order granting a waiver of the cost under rules 3.50–3.58
An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to
Waive Court Fees (form FW-001). The court will review this form to decide if you are
eligible for a fee waiver.)
(2)
5
OR
(continued)
Trial Court Case Name:
Trial Court Case Number:
Payment for reporter’s transcript. I will pay for this transcript myself when I receive the court
reporter’s estimate of the costs of this transcript. I understand that if I do not pay the trial court clerk’s
office for this transcript or file with the court a written waiver of this deposit signed by the reporter,
the transcript will not be prepared and provided to the appellate division. (Write initials here):
(3)
OR
I request that the reporters provide (check one):
My copy of the reporter’s transcript in paper format.
My copy of the reporter’s transcript in computer-readable format.
My copy of the reporter’s transcript in paper format and a second copy of the
reporter’s transcript in computer-readable format.
a.
(i)
(ii)
(iii)
APP-103, Page 5 of 6
(Revised) July 1, 2010
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
(continued)
Date:
X
Signature of appellant or attorney
Type or print your name
Statement on Appeal. I want to use a statement on appeal (a summary of the trial court proceedings
approved by the trial court) as the record of what was said in my case. (Check (1) or (2).):
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 and that if I do not file the
proposed statement on time, the court may dismiss my appeal.
I have attached my proposed statement on appeal to this notice of appeal. (If you are not
represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Limited Civil
Case) (form APP-104) to prepare and file this proposed statement. You can get a copy of form
APP-104 at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.)
e.
(1)
(2)
5
OR
Trial Court Case Name:
Trial Court Case Number:
Agreed Statement. I want to use an agreed statement (a summary of the trial court proceedings agreed to by
the parties) as the record of what was said in my case. (Check (1) or (2).):
I have attached an agreed statement to this notice.
All the parties have agreed in writing (stipulated) to try to agree on a statement (you must attach a
copy of this agreement (stipulation) to this notice). I understand that, within 30 days after I file this
notice, I must file either the agreed statement or a notice indicating the parties were unable to agree
on a statement and a new notice designating the record on appeal.
d.
(1)
(2)
OR
APP-103, Page 6 of 6
(Revised) July 1, 2010
Appellant's Notice Designating Record on Appeal
(Limited Civil Case)
Print 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
Take or mail the original completed form and proof of service on the other
parties to the clerk’s office for the same 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.
Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
Proposed Statement on Appeal
(Limited Civil Case)
APP-104
Proposed Statement on Appeal
(Limited Civil Case)
APP-104, Page 1 of 6
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Cal. Rules of Court, rule 8.837
Instructions
Before you fill out this form, read Information on Appeal Procedures for
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
This form is only for preparing a proposed statement on appeal in a limited
civil case.
This form can be attached to your Notice Designating Record on Appeal
(Limited Civil Case) (form APP-103). If it is not attached to that notice, this
form must be filed no later than 20 days after you file that notice. If you
have chosen to prepare a statement on appeal and do not file this form
on time, the court may dismiss your appeal.
Serve a copy of the completed form on each of the other parties 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:
Your Information
1
Trial Court Case Number:
Trial Court Case Name:
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):
b.
Name of 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 does not have a lawyer for this appeal):
c.
•
•
•
•
•
•
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.
Information About Your Appeal
New January 1, 2009
APP-104, Page 2 of 6
Proposed Statement on Appeal
(Limited Civil Case)
2
On (fill in the date):
trial court case identified in the box on page 1 of this form.
3
On (fill in the date):
record on appeal, electing to use a statement on appeal.
Proposed Statement
4
The Dispute
5
Summary of Any Motions
plaintiff (the party who filed the complaint in the case).
defendant (the party against whom the complaint was filed).
In the trial court, I/my client was the (check one):
a.
The plaintiff’s complaint in this case was about (briefly describe what was claimed in the complaint filed with
the trial court):
b.
The defendant’s response to this complaint was (briefly describe how the defendant responded to the complaint
filed with the trial court):
c.
Were any motions (requests for the trial court to issue an order) filed in this case?
a.
Yes (fill out b)
No (skip to ).6
I/My client filed a notice of appeal in the
I/My client filed a notice designating the
Check here if you need more space to describe the dispute and attach a separate page or pages describing
it. At the top of each page, write “APP-104, Item 4.”
b.
(1)
Describe the first motion:
Trial Court Case Name:
Trial Court Case Number:
In the spaces below, please describe the motions (requests for orders) that were 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.
New January 1, 2009
APP-104, Page 3 of 6
Proposed Statement on Appeal
(Limited Civil Case)
The trial court granted this motion. did not grant this motion.
Other (describe any other action the trial court took concerning this motion):
Check here if any other motions were filed and attach a separate page or pages describing each motion,
identifying who made the motion 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 “APP-104, Item 5b(3).”
Other (describe any other action the trial court took concerning this motion):
(2)
(If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing):
Describe the second motion:
5
b.
(1)
Check here if you need more space to describe this motion and attach a separate page or pages
describing this motion. At the top of each page, write “APP-104, Item 5b(2).”
Check here if you need more space to describe this motion and attach a separate page or pages
describing this motion. At the top of each page, write “APP-104, Item 5b(1).”
(continued)
(If there was a hearing on this motion, write a complete and accurate summary of what was said at this
hearing):
There was was not a hearing on this motion.
Trial Court Case Name:
Trial Court Case Number:
The motion was filed by the
plaintiff.
defendant.
There was was not a hearing on this motion.
The motion was filed by the
plaintiff.
defendant.
The trial court granted this motion. did not grant this motion.
New January 1, 2009
APP-104, Page 4 of 6
Proposed Statement on Appeal
(Limited Civil Case)
Check here if any other witnesses testified at the trial and attach a separate page or pages identifying each
witness, who the witness testified for, and summarizing what that witness said in his or her testimony. At the
top of each page, write “APP-104, Item 6d.”
(3) 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):
Check here if you need more space to summarize this witness’s testimony and attach a separate page
or pages summarizing this testimony. At the top of each page, write “APP-104, Item 6c.”
Did anyone else testify at the trial?
c.
(1) The witness’s name is (fill in the witness’s name):
(2) The witness testified on behalf of the (check one):
plaintiff.
defendant.
(complete items (1), (2), and (3)):
Yes
No
Did you/your client testify at the trial?
b.
(Write a complete and accurate summary of the testimony you/your client gave. Include only what you
actually said; do not comment or give your opinion about what was said):
Yes
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 “APP-104, Item 6b.”
(check (1) or (2) and complete items b, c, and d)
(skip items b, c, and d and go to item )
7
Summary of Testimony
6
Yes
Was there a trial in your case?
No
a.
Jury trial
Trial by judge only
Trial Court Case Name:
Trial Court Case Number:
(1)
(2)
New January 1, 2009
APP-104, Page 5 of 6
Proposed Statement on Appeal
(Limited Civil Case)
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.
9
Reasons for Your Appeal
Remember, in an appeal, the appellate division can only review a case for whether certain kinds of legal errors
were made (read form APP–101-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 Trial Court's Judgment or Order
pay the other party damages of (fill in the amount of the damages): $
do the following (describe what you were ordered to do):
a. I/My client was required to:
The trial court issued the following judgment or order (check all that apply and fill in any required information):
pay me/my client damages of (fill in the amount of the damages): $
do the following (describe what the other party was ordered to do):
b. The other party was required to:
c. Other (describe):
8
Check here if you need more space to describe the trial court’s judgment or order and attach a separate
page or pages describing this judgment or order. At the top of each page, write “APP-104, Item 8.”
Did the trial court make findings in the case?
7
The Trial Court's Findings
Check here if you need more space to describe the trial court’s findings and attach a separate page or pages
describing these findings. At the top of each page, write “APP-104, Item 7.”
(describe the findings made by the trial court):
Yes
No
Tiral Court Case Name:
Trial Court Case Number:
Date:
Signature of appellant or attorney
Type or print your name
`
(2)
(3)
Describe the error:
Describe how you were/your client was harmed by the error:
Describe the error:
Describe how you were/your client was harmed by the error:
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 “APP-104, item 9.”
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/your client were harmed by that error):
(1)
b.
Describe the error:
Describe how you were/your client was harmed by the error:
New January 1, 2009
APP-104, Page 6 of 6
Proposed Statement on Appeal
(Limited Civil Case)
9
(continued)
There was not substantial evidence that supported the judgment, order, or other decision I am appealing in
this case (explain why you think the decision was not supported by substantial evidence):
a.
(Check all that apply and describe in detail the legal error or errors you believe were made that are the reason for
this appeal.)
Tiral Court Case Name:
Trial Court Case Number:
Print This Form
Clear This Form
For your protection and privacy, please press the Clear This Form
button after you have printed the form.
Fill out this form and make a copy of the completed form for your records
and for each of the other parties.
Abandonment of Appeal
(Limited Civil Case)
APP-107
Abandonment of Appeal
(Limited Civil Case)
Page 1 of 2
Judicial Council of California, www.courtinfo.ca.gov
Rev. July 1, 2010, Optional Form
Cal. Rules of Court, rule 8.825
Instructions
Take or mail the completed form and proof of service on the other parties 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.
Before you fill out this form, read Information on Appeal Procedures for
Limited Civil Cases (form APP-101-INFO) to know your rights and
responsibilities. You can get form APP-101-INFO at any courthouse or
county law library or online at www.courtinfo.ca.gov/forms.
This form is only for abandoning (giving up) an appeal in a limited civil
case.
•
•
•
•
Serve a copy of the completed form on each of the other parties 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
Trial Court Case Number:
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 Name:
Your Information
1
Street City State Zip
Phone:
E-mail (optional):
( )
Street City State Zip
Street address:
Mailing address (if different):
Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):
b.
Name of 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):
c.
APP-107
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.
Page 2 of 2
Abandonment of Appeal
(Limited Civil Case)
2
On (fill in the date)
trial court case identified in the box on page 1 of this form.
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
`
, I/my client filed a notice of appeal in the
Appellate Division Case Name:
Appellate Division Case Number:
Rev. July 1, 2010
APP-107
Print 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
What Is Proof of Service?
_____________________________________________________________________________
What Is Proof of Service? APP-109-INFO, Page 1 of 3
APP-109-INFO
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
This information sheet tells you how to fill out Proof of
Service (Appellate Division) (form APP-109). This
information sheet is not part of the proof of service and
does not need to be copied, served, or filed.
“Serving” a document on a person means having the
document delivered to that person. The general
requirements for serving documents are set out in
California Code of Civil Procedure sections 1011–1013a
(you can get a copy of these laws at any county law
library or online at www.leginfo.ca.gov.calaw.html).
There are two main ways to serve documents: (1) by
mail and (2) by personal delivery.
When a document is served by mail, it must be put in a
sealed envelope or package that is addressed to the
person who is being served and that has the postage fully
prepaid. The envelope then has to be deposited with the
U.S. Postal Service by leaving it at a U.S. Postal Service
office or mail drop or at an office or business mail drop
where the person serving the document knows the mail
is picked up every day and deposited with the U.S.
Postal Service.
When a document is personally delivered to a party who
is represented by an attorney, the document must either
be given directly to the attorney representing that party
or the document can be placed in an envelope or package
addressed to the attorney and left with the receptionist at
the attorney’s office or with a person who is in charge of
the attorney’s office. When a document is personally
served on a party who is not represented by an attorney,
the document must either be given directly to the party
or the document can be given to someone who is at least
18 years old at the party’s residence between the hours
of eight in the morning and six in the evening.
Rule 8.817 of the California Rules of Court requires that
before you file any document with the court in a case in
the appellate division of the superior court, you must
serve one copy of the document on each of the other
parties in the case and on anyone else when required by
law (statute or rule of court). Other rules require that
certain documents in cases in the appellate division be
served, including the notice of appeal and the notice
designating the record on appeal in appeals in limited
civil cases and briefs in all appeals. (For more
information about appeals in general and about these
documents, read Information on Appeal Procedures for
Limited Civil Cases (form APP-101-INFO), Information
on Appeal Procedures for Misdemeanors (form CR-131-
INFO), and Information on Appeal Procedures for
Infractions (form CR-141-INFO).)
GENERAL INFORMATION
What does this information sheet cover?
What is “serving” a document?
1
Who can serve a document?
3
State law (the Code of Civil Procedure) says that a
document in a court case can only be served by a person
who is:
• Over 18 years old; and
• Not a party in the court case
If you are a party in a case, you must have someone
else who is over 18 and who is not a party in your
case serve any documents in your case for you. You
will need to give the person who is serving the document
for you (the server) the names and addresses of all the
people who need to be served with that document. You
will also need to give the server one copy of each
document that needs to be served for each person who is
being served.
What is proof of service?
4
A “proof of service” shows the court that a document
was served as required by the law. Rule 8.817 also
requires a party who is filing a document with the court
in a case in the appellate division to attach a proof of
service to the document he or she wants to file. You can
use Proof of Service (Appellate Division) (form APP-
109) to give the court this proof of service in any case in
the appellate division of the superior court. Tell the
server to follow the instructions below for completing
the Proof of Service (Appellate Division) (form APP-
109) and to give you the original form when it is filled
out and signed. You will need to attach this original
proof of service to the document you want to file.
What documents have to be served?
2
What Is Proof of Service?
_____________________________________________________________________________
New January 1, 2009 What Is Proof of Service? APP-109-INFO, Page 2 of 3
APP-109-INFO
If you are the server (the person who serves a document
for a party in a court case), you must prepare and sign
the proof of service. You can use Proof of Service
(Appellate Division) (form APP-109) to prepare this
proof of service in any case in the appellate division.
You can fill out most of the information on Proof of
Service (Appellate Division) (form APP-109) by copying
the information from the document you are serving
before you serve that document. However, you should
not sign and date the form until after you have finished
serving the document. By signing form APP-109, you
are swearing, under penalty of perjury, that the
information that you put in the form is true and
correct.
When you fill out the Proof of Service (Appellate
Division) (form APP-109), you should print neatly or
use a typewriter. If you have Internet access, you can fill
out the form online at www.courtinfo.ca.gov/forms (use
the “fillable” version of the form).
Filling in the top section of form APP-109:
First box, right side of form: Leave this box blank for the
court’s use.
Second box, right side of form: Fill in the name of the
county in which the case is filed and the street address of
the court. You can copy this information from the first
page of the document that you are serving. If the
document you are serving is another Judicial Council
form, this information will be in the second box on the
right-hand side of the form.
Third box, right side of form: Fill in the trial court case
name and number. You can copy this information from
the first page of the document that you are serving. If the
document you are serving is another Judicial Council
form, this information will be in the third box on the
right-hand side of the form.
Fourth box, right side of form
: Fill in the appellate
division case number, if you know it. If this number is
available, it will be on the first page of the document that
you are serving. If the document you are serving is
another Judicial Council form, this number will be in the
fourth box on the right-hand side of the form.
INFORMATION FOR THE SERVER
Who fills out the Proof of Service?
5
Filling in items 1–5:
Items and : You are stating, under penalty of
perjury, that you are over the age of 18 and that you are
not a party in this court case.
2
1
How do I fill out the Proof of Service?
6
Item : Check one of the boxes and provide your home
or business address. This information is important
because, if you serve the document by mail, you must
live or work in the county from which the document was
mailed.
3
Item : Check or fill in the name of the document that
you are serving. If the document you are serving is
another Judicial Council form, the name of the document
is located on both the top and the bottom of the first page
of the form. If the document you are serving is not a
Judicial Council form, the name of the document should
be on the top of the first page of the document.
4
a. Check box 4a. if you are serving the document by
mail. BEFORE YOU SEAL AND MAIL THE
ENVELOPE WITH THE DOCUMENT YOU ARE
SERVING, fill in the following parts of the form.
(1) You are stating, under penalty of perjury, that
you are putting one copy of the document you
identified in item 4 in an envelope addressed to
each person listed in 4a.(2), sealing the
envelope, and putting first-class postage on the
envelope.
(2) Fill in the name and address of each person to
whom you are mailing the document. You can
copy this information from the list of people to
be served or the envelopes provided by the party
for whom you are serving the document. If you
need more space to list names and addresses,
check the box under item 4a.(2) and attach a
page listing them. At the top of the page, write
“APP-109, Item 4a.”
What Is Proof of Service?
_____________________________________________________________________________
New January 1, 2009 What Is Proof of Service? APP-109-INFO, Page 3 of 3
APP-109-INFO
(3) Fill in the date you are mailing the document
and the city and state from which you are
mailing it. REMEMBER: You must live or work
in the county from which the document is
mailed.
(a) Check box 4a.(3)(a) if you are personally
depositing the document with the U.S.
Postal Service, such as at a U.S. Post Office
or U.S. Postal Service mailbox.
(b) Check box 4a.(3)(b) if you are putting the
document in the mail at your place of
business.
Once you have finished filling out these parts of the
form, make one copy of Proof of Service (Appellate
Division) (form APP-109) with this information
filled in for each person you are serving by mail. Put
this copy of Proof of Service (Appellate Division)
(form APP-109) in the envelope with the document
you are serving. Seal the envelope and mail it as you
have indicated on the Proof of Service.
b. Check box 4b. If you personally delivered the
documents. Remember, when a document is
personally delivered to a party who is represented by
an attorney, the document must either be given
directly to the party’s attorney or the document can
be placed in an envelope or package addressed to the
attorney and left with the receptionist at the
attorney’s office or with a person who is in charge of
the attorney’s office. When a document is personally
served on a party who is not represented by an
attorney, the document must either be given directly
to the party or the document can be given to
someone who is at least 18 years old at the party’s
residence between the hours of eight in the morning
and six in the evening.
For each person to whom you personally
delivered the document, fill in:
(a) The person’s name.
(b) The address at which you delivered the
document to this person.
(c) The date on which you delivered the
document to this person.
(d) The time at which you delivered the
document.
If you need space to list more names, addresses,
and delivery dates and times, check the box
under 4b. and attach a page listing this
information. At the top of the page, write
“APP-109, Item 4b.”
Item : At the bottom of the form, type or print your
name, sign the form, and fill in the date that you signed
the form. By signing this form, you are stating under
penalty of perjury that all the information you filled
in on Proof of Service (Appellate Division) (form APP-
109) is true and correct.
5
After you have finished serving the document and filled
in, signed, and dated Proof of Service (Appellate
Division) (form APP-109), give the original completed
form to the party for whom you served the document.
American LegalNet, Inc.
www.FormsWorkflow.com
Proof of Service
(Appellate Division)
APP-109
Proof of Service
(Appellate Division)
Judicial Council of California, www.courtinfo.ca.gov
New January 1, 2009, Optional Form
Instructions
Before you fill out this form, read What Is Proof of Service? (form
APP-109-INFO) to understand your responsibilities.
This form is only for providing proof that a document has been served
(delivered) in a proceeding in the superior court appellate division.
•
•
The person who serves (delivers) a document in this case and who fills out
this form:
•
Clerk stamps date here when form is filed.
You fill in the name and street address of the
court that issued the decision that is being
challenged in this case:
Superior Court of California, County of
Trial Court Case Number:
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 the decision being challenged was
issued:
Trial Court Case Name:
Street City State Zip
°
Must be at least 18 years old
Must NOT be a party in this case
°
1
At the time I served the documents listed in , I was at least 18 years old.
4
2
I am not a party in the case identified in the box on the right side of
this page.
3
My home business address is:
4
I mailed or personally delivered the following document, as indicated
below (check or fill in the name of the document you are serving and
check and complete either a or b).
Notice of Appeal/Cross Appeal (Limited Civil Case)
Notice Designating Record on Appeal (Limited Civil Case)
Proposed Statement on Appeal ( Limited Civil Case Misdemeanor Infraction)
Abandonment of Appeal (Limited Civil Case)
Other (write in the name of the document):
I put one copy of the document identified in in an envelope addressed to each person listed in (2),
sealed the envelope, and put first-class postage on the envelope.
Service by Mail
(1)
a.
APP-109, Page 1 of 2
4
Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case)
Appellant’s Opening Brief
Respondent’s Brief
Appellant’s Reply Brief
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.
Street City State Zip
New January 1, 2009
APP-109, Page 2 of 2
Appellate Division Case Name:
Appellate Division Case Number:
5
I declare under penalty of perjury under California state law that the information above is true and correct.
Date:
Server signs here after serving
Type or print server’s name
`
Proof of Service
(Appellate Division)
(b)
Name of person served:
Address on envelope:
Check here if you mailed copies of the document identified in to more people. Attach a
separate page listing the names and addresses on each additional envelope you mailed. Write
“APP-109, Item 4a” on the top of the page.
4
I personally gave one copy of the document identified in to each of the following people:
(1)
(a)
Name of person served:
(b)
Address where you gave the documents to this person:
Street
City State Zip
(c)
Date when you gave the documents to this person:
(d)
Time when you gave the documents to this person:
Check here if you gave copies of the document identified in to more people. Attach a separate
page listing the names of each of these people, the address where you gave each of them the
document, and the date and time you gave them the document. Write “APP-109, Item 4b” on the top
of the page.
(2)
(a)
Name of person served:
(b)
Address where you gave the documents to this person:
Street
City State Zip
(c)
Date when you gave the documents to this person:
(d)
Time when you gave the documents to this person:
4
4
I mailed the envelope or envelopes on (date): from (city, state):
by depositing the envelope or envelopes (check one):
(3)
With the U.S. Postal Service or
(a)
At an office or business mail drop where I know the mail is picked up every day and deposited
with the U.S. Postal Service.
(b)
The envelope or envelopes were addressed as follows:
(2)
(a)
Name of person served:
Address on envelope:
Street City State Zip
Service by Personal Delivery
b.
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LIMITED CIVIL APPEAL BOOKLET (The Superior Court of California - County of Orange)

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Completed 4 January 2021

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