Information On Appeal Procedures For Unlimited Civil Cases (Appellate) {APP-001}

APP-001, INFORMATION ON APPEAL PROCEDURES FOR UNLIMITED CIVIL CASES The following is general information about the procedures for appeals of unlimited civil cases ("unlimited civil case" generally means a civil case in which the amount in controversy is more than $25,000; see Code of Civil Procedure sections 85 and 88). This information is not intended to be comprehensive, but to provide an overview to help guide you through the appeal process. You should thoroughly read rules 8.100­8.276 of the California Rules of Court. If you have questions about the appellate process, you should consult an attorney of your own choosing. 1. NATURE OF AN APPEAL An appeal is a review of a court's decision by another court. A party may appeal an unfavorable judgment and certain orders in an unlimited civil case made in the superior court to the Court of Appeal for the district in which the superior court is located. Generally, the appeal must be based on an argument that a legal error was made by the superior court. An appeal is not a retrial. You will not be permitted to introduce new evidence, and the appellate court will not reassess conflicting evidence. You may not appeal on behalf of a friend, a spouse, a child, or other relative (unless you are a legally appointed guardian). 2. PARTIES The party filing the appeal is called the APPELLANT. The party against whom the appeal is brought is called the RESPONDENT. STEPS IN THE APPEAL PROCESS AT THE SUPERIOR COURT 3. NOTICE OF APPEAL To appeal from a superior court decision in an unlimited civil case, the appellant must file a notice of appeal in the superior court (Cal. Rules of Court, rule 8.100). A notice of appeal tells the other party or parties in the case and the superior court that you are appealing the decision of the superior court. You may use Judicial Council form APP-002, Notice of Appeal/Cross-Appeal (Unlimited Civil Case), to file a notice of appeal in an unlimited civil case. The notice of appeal must be served on the other party or parties in the case and filed with the clerk of the superior court. Generally, this service and filing must be completed within 60 calendar days after the clerk or a party serves either a notice of entry of judgment or a file-stamped copy of the judgment. If neither of these documents is served, the notice of appeal must be filed within 180 calendar days after entry of judgment (generally the date the judgment is file-stamped). If your notice of appeal is filed late, your appeal will be dismissed (Cal. Rules of Court, rules 8.104 and 8.108). If a notice of appeal has been filed in a case, any other party to the case may file its own appeal from the same judgment or order. This is called a cross-appeal. To cross-appeal, a party must file a notice of appeal within either the regular time for filing a notice of appeal or within 20 days after the clerk of the superior court mails notice of the first appeal, whichever is later (Cal. Rules of Court, rule 8.108). You may use Judicial Council form APP-002, Notice of Appeal/Cross-Appeal (Unlimited Civil Case), to file this notice in an unlimited civil case. 4. FEES ON APPEAL The notice of appeal must be accompanied by a $775 filing fee (Gov. Code, §§ 68926 and 68926.1) made payable to "Clerk, Court of Appeal" and a $100 deposit (Gov. Code, § 68926.1) made payable to "Clerk of the Superior Court." Parties other than the appellant must pay a fee of $390 when they file their first document in the Court of Appeal. If you do not have the money for the fees, you may submit an application for waiver of court fees and costs on appeal under rules 8.26 and 3.50­3.63 of the California Rules of Court (Cal. Rules of Court, rule 8.100). 5. DESIGNATION OF RECORD See rules 8.120­8.163 of the California Rules of Court, which govern the preparation of the record on appeal. Form Approved for Optional Use Judicial Council of California APP-001 [Rev. July 1, 2015] INFORMATION ON APPEAL PROCEDURES FOR UNLIMITED CIVIL CASES (Appellate) Page 1 of 4 Cal. Rules of Court, rules 8.100­8.276 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com  APP-001 Since the appellate court was not present at the trial or other proceedings in the superior court, there must be an official record of the proceedings from the superior court for the appellate court to review in assessing the appeal. Within 10 days of filing the notice of appeal, the appellant must tell the superior court in writing ("designate") what documents and oral proceedings, if any, to include in the record that will be sent to the Court of Appeal. You will need to designate all the parts of the record that the Court of Appeal will need to decide the issues you raise in the appeal. You can use Judicial Council form APP-003, Notice Designating Record on Appeal (Unlimited Civil Case) to designate the record in an unlimited civil case. Reporter's Transcript A court reporter's transcript is a written record (often called the "verbatim" record) of the oral proceedings in the superior court. A reporter's transcript is not required but is usually necessary. Within 10 days of filing the notice of appeal, the appellant must serve and file with the superior court clerk either a notice designating a reporter's transcript or a notice of intent to proceed without a reporter's transcript (Cal. Rules of Court, rule 8.121). You can use Judicial Council form APP-003, Appellant's Notice Designating Record on Appeal (Unlimited Civil Case) to file this notice in an unlimited civil case. If the appellant chooses to designate a reporter's transcript, among other things, the notice designating this transcript must specify the date of each proceeding to be included in the transcript and must be served on each known court reporter (Cal. Rules of Court, rule 8.130). The names of the court reporters who reported the proceedings are found in the superior court clerk's minute orders, which are prepared for each day of the proceedings and then placed in the superior court file. With the notice designating the reporter's transcript, the appellant must deposit the approximate cost of transcribing the proceedings designated or one of the substitutions authorized by rule 8.130(b)(3) (Cal. Rules of Court, rule 8.130). The cost may be obtained from the reporter's written estimate or calculated at $650 per day (more than three hours of court time) or $325 per fraction of a day (less than three hours of court time) for proceedings that were not previously tr