Form App 103 PDF Details

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QuestionAnswer
Form NameForm App 103
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other namescourtinfo, APP-101-INFO, 2010, htmserving

Form Preview Example

Appellant's Notice Designating

APP-103 Record on Appeal (Limited Civil Case)

Instructions

•This form is only for choosing (“designating”) the record 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 of appeal. If it is not attached to your notice of appeal, you must serve and file this form within 10 days after you file your notice of appeal. If you 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 on the California Courts Online Self-Help Center site 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.

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:

Trial Court Case Number:

Trial Court Case Name:

You fill in the appellate division case number (if you know it):

1Your Information

a. Name of appellant (the party who is filing this appeal):

Appellate Division Case Number:

b.Appellant’s contact information (skip this if the appellant has a lawyer for this appeal):

Street address:

 

 

Street

 

City

State

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

Street

City

State

Zip

Phone: (

)

 

E-mail (optional):

 

 

 

 

 

 

 

 

 

 

 

c.Appellant’s lawyer (skip this if the appellant does not have a lawyer for this appeal):

Name:

 

 

 

 

 

 

 

 

 

 

State Bar number:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

City

State

Zip

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

State

Zip

Phone: (

)

 

 

 

E-mail (optional):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fax (optional): (

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judicial Council of California, www.courtinfo.ca.gov (Revised) July 1, 2010, Optional Form

Cal. Rules of Court, rule 8.831

Appellant's Notice Designating Record on Appeal

APP-103, Page 1 of 65

 

(Limited Civil Case)

WWW.ACCESSLAW.COM

Trial Court Case Name:

Trial Court Case Number:

Information About Your Appeal

2 On (fill in the date):

 

I/my client filed a notice of appeal in the

 

trial court case identified in the box on page 1 of this form.

Record of the Documents Filed in the Trial Court

3I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a or b and fill in any required information):

a.

Clerk’s Transcript. (Fill out (1)–(4).) Note that, if the appellate division has adopted a local rule

 

permitting this, the clerk may prepare and send the original court file to the appellate division instead of a

 

clerk’s transcript.

(1)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

Date of Filing

 

 

 

(a)

Notice of appeal

 

 

 

 

(b)

Notice designating record on appeal (this document)

 

 

 

 

(c)

Judgment or order appealed from

 

 

 

 

(d)

Notice of entry of judgment (if any)

 

 

 

 

(e)

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)

 

 

 

 

(f)

Ruling on any item included under (e)

 

 

 

 

(g)

Register of actions or docket

 

 

 

 

(2)Additional documents. If you want any documents in addition to the required documents listed in (1) above to be included in the clerk’s transcript, you must identify those documents here.

I request that the clerk include in the transcript the following documents that were filed in the trial court. (Identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed).

Document Title and Description

Date of Filing

(a)

(b)

(c)

(d)

(e)

Check here if you need more space to list other documents and attach a separate page or pages listing those documents. At the top of each page, write “APP-103, item 3a(2).”

(Revised) July 1, 2010

Appellant's Notice Designating Record on Appeal

APP-103, Page 2 of 6

(Limited Civil Case)

Trial Court Case Name:

3 a. (continued)

(3)Exhibits.

Trial Court Case Number:

I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the trial court. (For each exhibit, give the exhibit number (such as Plaintiff’s #1 or Defendant’s A) and a brief description of the exhibit and indicate whether or not the court admitted the exhibit into evidence. If the trial court has returned a designated exhibit to a party, the party who has that exhibit must deliver it to the trial court clerk as soon as possible.)

Exhibit Number

Description

Admitted Into Evidence

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

Check here if you need more space to list other exhibits and attach a separate page or pages listing those exhibits. At the top of each page, write “APP-103, item 3a(3).”

(4)Payment for clerk’s transcript. (Check a or b.)

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

(b) I am asking that the clerk’s transcript be provided at no cost to me because I cannot afford to pay this cost. I have attached (check (i) or (ii) and attach the checked document):

(i)

(ii)

An order granting a waiver of the cost under rules 3.50–3.58

An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to Waive Court Fees (form FW-001) The court will review this form to decide if you are eligible for a fee waiver).

OR

b.

Agreed statement. (You must complete item 5 d 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 3a(1) above and in rule 8.832 of the California Rules of Court.)

Record of Oral Proceedings in the Trial Court

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 a legal error was made in those proceedings.

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

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

made.

(Write initials here):

(Revised) July 1, 2010

Appellant's Notice Designating Record on Appeal

APP-103, Page 3 of 6

(Limited Civil Case)

Trial Court Case Name:

Trial Court Case Number:

4(continued)

b. 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 that 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 of the following below—a, b, c, d, or e):

a.

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. (Complete (1) and (2).):

(1)Designation of proceedings to be included in reporter’s transcript. I request that the following proceedings in the trial court be included in the reporter’s transcript.

(You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings [for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions], and, if you know it, the name of the court reporter who recorded the proceedings.)

Date

Department

Description

Court Reporter’s Name

 

 

 

 

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Check here if you need more space to list other proceedings and attach a separate page or pages listing those proceedings. At the top of each page, write “APP-103, item 5a.”

(2) The proceedings designated in (1)

include

 

do not include

all of the testimony

in the trial court. If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal. (Rule 8.834(a)(2) provides that your appeal will be limited to these points unless, on motion, the appellate division permits otherwise.)

Check here if you need more space to list other points and attach a separate page or pages listing those points. At the top of each page, write “APP-103, item 5a(2).”

(Revised) July 1, 2010

Appellant's Notice Designating Record on Appeal

APP-103, Page 4 of 6

(Limited Civil Case)

Trial Court Case Name:

Trial Court Case Number:

5a. (continued)

(3)Payment for reporter’s transcript. I will pay for this transcript myself when I receive the court reporter’s estimate of the costs of this transcript. I understand that if I do not pay the trial court clerk’s office for this transcript or file with the court a written waiver of this deposit signed by the reporter, the transcript will not be prepared and provided to the appellate division. (Write initials here):

I request that the reporters provide (check one):

(i)

 

My copy of the reporter’s transcript in paper format.

(ii)

 

My copy of the reporter’s transcript in computer-readable format.

(iii)

 

My copy of the reporter’s transcript in paper format and a second copy of the

 

 

reporter’s transcript in computer-readable format.

 

 

OR

b.

 

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. (Check and complete (1) or (2)):

(1)

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

(2) I am asking that the transcript be provided at no cost to me because I cannot afford to pay this cost. I have attached (check (a) or (b) and attach the appropriate document):

(a)

(b)

An order granting a waiver of the cost under rules 3.50–3.58

An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.)

OR

c.

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 authorizing parties to use the official electronic recording itself as the record of the court proceedings, and all of the parties have agreed (stipulated) that they want to use the recording itself as the record of what was said in the 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 other parties to this notice. (Check and complete (1) or (2).):

(1) I will pay the trial court clerk for this copy of the recording myself when I receive the clerk’s estimate of the costs of this copy. I understand that if I do not pay for this copy of the recording, it will not be prepared and provided to the appellate division.

(2)

I am asking that a copy of the recording be provided at no cost to me because I cannot afford to pay this cost. I have attached (check (a) or (b) and attach the appropriate document):

(a) An order granting a waiver of the cost under rules 3.50–3.58

(b) An application for a waiver of court fees and costs under rules 3.50–3.58 (use Request to Waive Court Fees (form FW-001). The court will review this form to decide if you are eligible for a fee waiver.)

(Revised) July 1, 2010

Appellant's Notice Designating Record on Appeal

APP-103, Page 5 of 6

(Limited Civil Case)

Trial Court Case Name:

5(continued)

Trial Court Case Number:

OR

d.

Agreed Statement. I want to use an agreed statement (a summary of the trial court proceedings agreed to by the parties) as the record of what was said in my case. (Check (1) or (2).):

(1) I have attached an agreed statement to this notice.

(2) All the parties have agreed in writing (stipulated) to try to agree on a statement (you must attach a copy of this agreement (stipulation) to this notice). I understand that, within 30 days after I file this notice, 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.

e.

OR

Statement on Appeal. I want to use a statement on appeal (a summary of the trial court proceedings approved by the trial court) as the record of what was said in my case. (Check (1) or (2).):

(1) I have attached my proposed statement on appeal to this notice of appeal. (If you are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Limited Civil Case) (form APP-104) to prepare and file this proposed statement. You can get a copy of form APP-104 at any courthouse or county law library or online at www.courtinfo.ca.gov/forms.)

(2) I have NOT attached my proposed statement. 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.

Date:

Type or print your name

Signature of appellant or attorney

(Revised) July 1, 2010

Appellant's Notice Designating Record on Appeal

APP-103, Page 6 of 6

(Limited Civil Case)

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When it comes to fields of this particular PDF, here's what you need to do:

1. You will want to complete the APP-103 correctly, so be attentive while filling out the areas containing these blank fields:

app 103 conclusion process clarified (step 1)

2. Once your current task is complete, take the next step – fill out all of these fields - Appellants contact information, Street address, Street City State Zip, Mailing address if different, Phone, Street City State Zip Email, Appellants lawyer skip this if the, Name, Street address, Street City State Zip, State Bar number, Mailing address if different, Phone, Fax optional, and Street City State Zip with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

Appellants lawyer skip this if the, Phone, and Street address in app 103

3. Your next stage is normally simple - fill out all the blanks in Trial Court Case Name, Information About Your Appeal, On fill in the date, trial court case identified in the, Record of the Documents Filed in, Trial Court Case Number, Imy client filed a notice of, I elect chooseMy client elects to, Clerks Transcript Fill out Note, and Required documents The clerk will to conclude the current step.

The best ways to complete app 103 portion 3

It is easy to make errors while filling in your Trial Court Case Name, for that reason be sure you take a second look before you finalize the form.

4. You're ready to start working on this fourth segment! In this case you have all these Document Title and Description, Date of Filing, Notice of appeal, Notice designating record on, Judgment or order appealed from, Notice of entry of judgment if any, e Notice of intention to move for, Ruling on any item included under e, Register of actions or docket, Additional documents If you want, I request that the clerk include, Document Title and Description, and Date of Filing form blanks to do.

Learn how to prepare app 103 portion 4

5. Since you approach the finalization of this document, you will find a couple extra things to undertake. Mainly, Check here if you need more space, Revised July, Appellants Notice Designating, APP Page of, and Limited Civil Case must be filled out.

Check here if you need more space, Limited Civil Case, and APP Page of inside app 103

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