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Appellants Notice Designating Record On Appeal (Unlimited Civil) APP-003 - California
| Appellants Notice Designating Record On Appeal (Unlimited Civil) Form. This is a California form and can be used in Appellate Judicial Council . |
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APP-003 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (UNLIMITED CIVIL CASE) RE: Appeal filed on (date): Superior Court Case Number: Court of Appeal Case Number (if known): Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT I elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior (check a, b, c, d, or e and fill in any required information): a. (1) A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this form.) I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of Appeal. I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have attached the following document (check (a) or (b)): (a) (b) An order granting a waiver of court fees and costs under rule 3.50 et seq.; or An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) (2) b. c. An appendix under rule 8.124. The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, Fourth, and Fifth Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript; you may select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.) An agreed statement under rule 8.134. (You must complete item 2b(2) 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 rule 8.134(a).) A settled statement under rule 8.137. (You must complete item 2b(3) below and attach to your proposed statement on appeal copies of all the documents that are required to be included in the clerk's transcript. These documents are listed in rule 8.137(b)(3).) d. e. 2. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT I elect to proceed: a. WITHOUT a record of the oral proceedings in the superior court. I understand that without a record of the oral proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings in determining whether an error was made in the superior court proceedings. Page 1 of 4 Form Approved for Optional Use Judicial Council of California APP-003 [Rev. July 1, 2010] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Cal. Rules of Court, rules 3.50, 8.1218.124, 8.128, 8.130, 8.134, 8.137 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com APP-003 CASE NAME: CASE NUMBER: b. (1) WITH the following record of the oral proceedings in the superior court: A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) I have (check all that apply): (a) (b) (c) (i) (ii) (d) Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule 8.130(b)(1). Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1). Attached the reporter's written waiver of a deposit for (check either (i) or (ii)): all of the designated proceedings. part of the designated proceedings. Attached a certified transcript under rule 8.130(b)(3). An agreed statement. (Check and complete either (a) or (b) below.) (a) (b) 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 stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, 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. A settled statement under rule 8.137. (You must attach the motion required under rule 8.137(a) to this form.) (2) (3) 3. RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT I request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative proceeding): Title of Administrative Proceeding Date or Dates 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT (You must complete this section if you checked item 1a. above indicating that you elect to use a clerk's transcript as the record of the documents filed in the superior court.) a. 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. Document Title and Description (1) Notice of appeal (2) Notice designating record on appeal (this document) Date of Filing (3) Judgment or order appealed from (4) (5) (6) (7) Notice of entry of judgment (if any) 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) Ruling on one or more of the items listed in (5). Register of actions or docket (if any) APP-003 [Rev. July 1, 2010] APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL (Unlimited Civil Case) Page 2 of 4 APP-003 CASE NAME: CASE NUMBER: 4. NOTICE DESIGNATING CLERK'S TRANSCRIPT b. Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in a. above to be included in the clerk's transcript, you must identify those documents here.) I request that the clerk include the
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