Cr142 Form PDF Details

Appealing an infraction case, such as a traffic ticket, is a process that requires careful attention to detail and strict adherence to deadlines, as outlined in the CR-142 Notice of Appeal and Record on Appeal form. Individuals seeking to challenge a judgment or order from a trial court in infraction cases must familiarize themselves with this form, alongside the CR-141-INFO, which provides critical information on appeal procedures for infractions. The CR-142 form must be filed no later than 30 days after the trial court's decision, with very limited exceptions to this rule. Failure to meet this deadline typically results in the appeal not being considered. The form necessitates comprehensive details about the appellant, the judgment or order being appealed, and decisions regarding the record on appeal. This includes whether to proceed with or without a record of the oral proceedings, and if opting for the former, choosing among a statement on appeal, an official electronic recording, or a reporter’s transcript. Understanding the various components and options of the CR-142 form is essential for navigating the complexities of appealing infraction cases effectively.

QuestionAnswer
Form NameCr142 Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namescalifornia cr142 appeal infraction, form record cr form, 1 proceedings cr form, cr appeal

Form Preview Example

CR-142

Notice of Appeal and Record on

Appeal (Infraction)

 

 

 

 

Instructions

•This form is only for appealing in an infraction case, such as a case about a traffic ticket. You can get other forms for appealing in a civil or misdemeanor case at any courthouse or county law library or online at www. courts.ca.gov/forms.

•Before you fill out this form, read Information on Appeal Procedures for Infractions (form CR-141-INFO) to know your rights and responsibilities. You can get form CR-141-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.

•You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.902(b) of the California Rules of Court for very limited exceptions). If your notice of appeal is late, the court will not take your appeal.

•Fill out this form and make a copy of the completed form for your records.

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 number and name of the trial court case in which you are appealing the judgment or order:

•Take or mail the completed form to the clerk’s office for the same trial 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): Name:

Street address:

Trial Court Case Number:

Trial Court Case Name:

The clerk will fill in the number below:

Appellate Division Case Number:

 

Street

 

 

 

City

 

State

 

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

City

 

State

 

Zip

Phone:

 

E-mail:

 

 

 

 

 

b.Appellant’s lawyer (skip this if the appellant is filling out this form): The lawyer filling out this form is (check (1) or (2)):

(1)

was the appellant’s lawyer in the trial court.

(2)

Name:

Street address:

Street

Mailing address (if different):

Street

Phone:E-mail:

Fax:

is the appellant’s lawyer for this appeal.

State Bar number:

City

 

State

 

Zip

 

 

 

 

 

City

 

State

 

Zip

Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form

Cal. Rules of Court, rule 8.831

Notice of Appeal and Record on Appeal

CR-142, Page 1 of 4

 

(Infraction)

Trial Court Case Name:

Trial Court Case Number:

2Judgment or Order You Are Appealing

I am/My client is appealing (check a, b, or c):

a. the final judgment of conviction in the case (Pen. Code § 1466(2)(A)). The trial court issued (rendered) this judgment on (fill in the date):

b. an order made by the trial court after judgment that affects an important (substantial) right of mine/my client (Pen. Code § 1466(20(B)).

The trial court issued (rendered) this order on (fill in the date):

c. Other(Describe the action you are appealing and indicate the date the trial court took the action.):

Your Choices About the Record on Appeal

Stipulation for Limited Record

3

The respondent and I/my client have agreed (“stipulated”) under rule 8.910 that parts of the normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts of the record that are not required is attached. At the top of each page write “CR-142, item 3.”

Record of Oral Proceedings

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 an error was made in those proceedings.

4I elect (choose)/My client elects to proceed (check a or b):

a.

b.

WITHOUT a record of the oral proceedings in the trial court (skip item 5 ; sign and date this form ). I understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the trial court during those proceedings in deciding whether a legal error was made.

(Write initials here):

WITH a record of the oral proceedings in the trial court (complete item 5 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 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.

(Write initials here):

5I want to use the following record of what was said in the trial court proceedings in my case (check and complete only one–a, b, c, or d):

a.

Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the trial court. See form CR-141-INFO for information about preparing a proposed statement. (Check and complete (1) or (2).):

Revised January 1, 2017

Notice of Appeal and Record on Appeal

CR-142, Page 2 of 4

(Infraction)

Trial Court Case Name:

Trial Court Case Number:

5(continued)

(1) I have attached my proposed statement on appeal to this notice. (If you are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Infraction) (form CR-143) to prepare and file this proposed statement. You can get form CR-143 at any courthouse or county law library or online at www.courts.ca.gov/forms.)

(2) I have NOT attached my proposed statement on appeal to this notice. 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.

b.

OR

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. Some courts also have local rules that establish procedures for determining whether only a portion of a transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check and (1) or (2).):

(1) I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division.

(2) I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can get form MC-210 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a free transcript.)

c.

OR

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 permitting the use of the official electronic recording itself as the record of the court proceedings, and you and the respondent (the prosecuting agency) have agreed (stipulated) that you want to use the recording itself as the record of what was said in your 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 respondent to this notice. (Check and complete (1) or (2).):

(1) I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I do not pay for this recording, it will not be provided to the appellate division.

(2) I am asking that this official electronic recording be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can get form MC-210 at any courthouse or county law library or online at www.courts.ca.gov/ forms. The court will review this form to decide if you are eligible for a free copy of the official electronic recording.)

Revised January 1, 2017

Notice of Appeal and Record on Appeal

CR-142, Page 3 of 4

(Infraction)

Trial Court Case Name:

Trial Court Case Number:

5(continued)

OR

d.

(1)

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. Some courts also have local rules that establish procedures for determining whether only a portion of the reporter’s transcript or a different form of the record will be sufficient for an effective appeal. Check with the trial court to see if it has such a local rule. (Check (1) or (2)):

I will pay the trial court clerk’s office for this transcript myself when I receive the court reporter’s estimate of the cost of the transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division.

(2)

I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can get form MC-210 at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will review this form to decide if you are eligible for a free reporter’s transcript.)

Date:

Type or print your name

Signature of appellant or attorney

Revised January 1, 2017

Notice of Appeal and Record on Appeal

CR-142, Page 4 of 4

(Infraction)

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form cr 141 conclusion process detailed (step 1)

2. Just after the previous array of blanks is done, proceed to type in the applicable details in these - Mailing address if different, Phone, Street, Email, City, State, Zip, Appellants lawyer skip this if the, The lawyer filling out this form, was the appellants lawyer in the, is the appellants lawyer for this, Name, Street address, Street, and Mailing address if different.

Completing section 2 in form cr 141

3. This next stage will be hassle-free - complete all the form fields in I amMy client is appealing check a, the final judgment of conviction, The trial court issued rendered, an order made by the trial court, The trial court issued rendered, Other Describe the action you are, Your Choices About the Record on, Stipulation for Limited Record, The respondent and Imy client have, and Record of Oral Proceedings You do to finish this part.

The right way to fill out form cr 141 part 3

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4. This next section requires some additional information. Ensure you complete all the necessary fields - I elect chooseMy client elects to, WITHOUT a record of the oral, Write initials here, WITH a record of the oral, Write initials here, I want to use the following record, Statement on Appeal A statement on, Revised January, Notice of Appeal and Record on, CR Page of, and Infraction - to proceed further in your process!

Step no. 4 of completing form cr 141

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Step no. 5 of filling out form cr 141

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