APP-101-INFO Information on Appeal Procedures for Limited Civil Cases GENERAL INFORMATION For information about appeal procedures in other kinds of cases, see: What does this information sheet cover? 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. • Information on Appeal Procedures for Unlimited Civil Cases (form APP-001) • 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. • 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. 2 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? 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: 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”). • 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. _____________________________________________________________________________ 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 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 1 of 14 American LegalNet, Inc. www.FormsWorkFlow.com APP-101-INFO 3 Information on Appeal Procedures for Limited Civil Cases 6 Do I need a lawyer to represent me in an appeal? 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. Can I appeal any decision the trial court made? 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: Where can I find a lawyer to help me with my appeal? 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. INFORMATION FOR THE APPELLANT 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. 5 Who can appeal? 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). 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 • 4 • 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.) 7 How do I start my appeal? 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. _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 2 of 14 APP-101-INFO 8 Information on Appeal Procedures for Limited Civil Cases How do I “serve and file” the notice of appeal? “Serve and file” means that you must: • Have somebody over 18 years old who is not a party to the case—so not you—mail or deliver (“serve”) the 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 APP109) 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. 9 Is there a deadline to file my notice of appeal? 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 filestamped 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. 10 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. 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. 12 What do I need to do after I file my notice of appeal? 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 for Limited Civil Cases APP-101-INFO, Page 3 of 14 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 13 What is the official record of the trial court proceedings? There are three parts of the official record: a. A record of the documents filed in the trial court (other than exhibits) b. 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) (2) (3) A clerk’s transcript The original trial court file or 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. A record of what was said in the trial court (this is called the “oral proceedings”) _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 4 of 14 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: 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: • 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: • 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. • 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. Pay the bill. • Pay the bill. • 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). 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 for Limited Civil Cases APP-101-INFO, Page 5 of 14 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. You can use an agreed statement. (4) You can use a statement on appeal. 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 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) b. (2) 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.” 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 _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 6 of 14 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. 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 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. 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. 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 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. _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 7 of 14 APP-101-INFO 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) 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 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 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. _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 8 of 14 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. 14 What happens after the official record has been prepared? 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 _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 9 of 14 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. 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. 18 16 What happens after I file my brief? 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 is “oral argument?” “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 If you do not file your brief by the deadline set by the appellate division, the court may dismiss your appeal. What happens after all the briefs have been filed? What happens after oral argument? After oral argument is held (or the date it was scheduled passes if all the parties waive oral argument), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerk of the court will mail you a notice of the appellate division’s decision. 20 What should I do if I want to give up my appeal? 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. _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 10 of 14 APP-101-INFO Information on Appeal Procedures for Limited Civil Cases INFORMATION FOR THE RESPONDENT 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. 21 I have received a notice of appeal from another party. Do I need to do anything? 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/. 22 If the other party appealed, can I appeal too? 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. 23 Is there a deadline to file a crossappeal? 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. 24 I have received a notice designating the record on appeal from another party. Do I need to do anything? 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 13 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 _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 11 of 14 APP-101-INFO Information on Appeal Procedures for Limited Civil Cases 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: 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. • • 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. Make a record that the proposed amendments have been served. This record is called a “proof of service.” Proof of Service (Appellate Division) (form APP109) 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. • 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. 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. 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. 25 What happens after the official record has been prepared? (d) Statement on appeal If the appellant elects to use a statement on appeal (a summary of the trial court proceedings As soon as the record on appeal is complete, the clerk of the trial court will send it to the appellate division. When _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 12 of 14 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. 26 What happens after all the briefs have been filed? Once all the briefs have been filed or the time to file them has passed, the court will notify you of the date for oral argument in your case. “Oral argument” is the parties’ chance to explain their arguments to appellate division judges in person. You do not have to participate in oral argument if you do not want to; you can notify the appellate division that you want to “waive” oral argument. If all parties waive oral argument, the judges will decide the appeal based on the briefs and the record that were submitted. But if one party waives oral argument and another party or parties does not, the appellate division will hold oral argument with the party or parties who did not waive it. If you do choose to participate in oral argument, you will have up to 10 minutes for your argument unless the appellate division orders otherwise. Remember that the judges will have already read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in the _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 13 of 14 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. _____________________________________________________________________________ Revised July 1, 2010 Information on Appeal Procedures for Limited Civil Cases APP-101-INFO, Page 14 of 14