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Proposed Statement On Appeal (Limited Civil Case) APP-104 - California
| Proposed Statement On Appeal (Limited Civil Case) Form. This is a California form and can be used in Appellate Judicial Council . |
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APP-104 Instructions · · Proposed Statement on Appeal (Limited Civil Case) Clerk stamps date here when form is filed. This form is only for preparing a proposed statement on appeal in a limited civil case. 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 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. 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. 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. 1 Your Information a. Name of appellant (the party who is filing this appeal): You fill in the number and name of the trial court case in which you are appealing the judgment or order: 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: Trial Court Case Name: · You fill in the appellate division case number (if you know it): Appellate Division Case Number: b. Appellant's contact information (skip this if the appellant has a lawyer for this appeal): Street address: Street Street City City State State Zip Zip Mailing address (if different): Phone: ( ) E-mail (optional): c. Appellant's lawyer (skip this if the appellant does not have a lawyer for this appeal): Name: Street address: Street Street City City State Bar number: State State Zip Zip Mailing address (if different): Phone: ( ) ) E-mail (optional): Fax (optional): ( Judicial Council of California, www.courtinfo.ca.gov New January 1, 2009, Optional Form Cal. Rules of Court, rule 8.837 Proposed Statement on Appeal (Limited Civil Case) APP-104, Page 1 of 6 American LegalNet, Inc. www.FormsWorkflow.com Trial Court Case Number: Trial Court Case Name: Information About Your Appeal 2 On (fill in the date): trial court case identified in the box on page 1 of this form. On (fill in the date): record on appeal, electing to use a statement on appeal. I/My client filed a notice of appeal in the I/My client filed a notice designating the 3 Proposed Statement 4 The Dispute a. In the trial court, I/my client was the (check one): plaintiff (the party who filed the complaint in the case). defendant (the party against whom the complaint was filed). b. The plaintiff's complaint in this case was about (briefly describe what was claimed in the complaint filed with the trial court): c. The defendant's response to this complaint was (briefly describe how the defendant responded to the complaint filed with the trial court): 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." 5 Summary of Any Motions a. Were any motions (requests for the trial court to issue an order) filed in this case? Yes (fill out b) No (skip to 6 ). b. 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. (1) Describe the first motion: New January 1, 2009 Proposed Statement on Appeal (Limited Civil Case) APP-104, Page 2 of 6 Trial Court Case Number: Trial Court Case Name: 5 b. (1) (continued) The motion was filed by the There was was not plaintiff. defendant. a hearing on this motion. (If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing): The trial court granted this motion. did not grant this motion. Other (describe any other action the trial court took concerning this motion): Check here if you need more space to describe this motion and attach a separate page or pages describing this motion. At the top of each page, write "APP-104, Item 5b(1)." (2) Describe the second motion: The motion was filed by the There was was not plaintiff. defendant. a hearing on this motion. (If there was a hearing on this motion, write a complete and accurate summary of what was said at this hearing): The trial court granted this motion. did not grant this motion. Other (describe any other action the trial court took concerning this motion): Check here if you need more space to describe this motion and attach a separate page or pages describing this motion. At the top of each page, write "APP-104, Item 5b(2)." 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)." New January 1, 2009 Proposed Statement on Appeal (Limited Civil Case) APP-104, Page 3 of 6 Trial Court Case Number: Trial Court Case Name: 6 Summary of Testimony a. Was there a trial in your case? (skip items b, c, and d and go to item 7 ) No Yes (1) (2) (check (1) or (2) and complete items b, c, and d) Jury trial Trial by judge only b. Did you/your client testify at the trial? No Yes (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): 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
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