Form Cr 134 PDF Details

In the realm of misdemeanor appeals, the CR-134 form serves an essential function by informing the court about the record on appeal. This form, officially titled Notice Regarding Record on Appeal CR-134 (Misdemeanor), lays foundational steps for those pursuing an appeal in misdemeanor cases by detailing the procedural requirements and choices available regarding the appeal record. Prior to its completion, appellants are advised to review the Information on Appeal Procedures for Misdemeanors (CR-131-INFO) to fully understand their rights and responsibilities. The CR-134 form must be filed timely, either with the notice of appeal or within specified deadlines thereafter, and it demands meticulous completion, instructing appellants to provide information ranging from basic identification details to specifics about the representation and decisions regarding the inclusion of oral proceedings in the appeal record. This form reflects the intricacy of the appellate process, highlighting options like proceeding without a record of oral proceedings, utilizing a reporter’s transcript or an official electronic recording, and even stipulating to a limited record with the prosecution. It underscores the importance of making informed decisions, as these choices directly impact the appellate review process. Furthermore, it addresses financial considerations, offering pathways for those unable to afford the costs associated with their appeal. Clearly, the CR-134 form encapsulates key elements of the appellate journey for misdemeanor cases, emphasizing procedural compliance, informed decision-making, and access to justice.

QuestionAnswer
Form NameForm Cr 134
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namescr 134 notice appeal, california regarding appeal, 134 form california, regarding appeal

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Notice Regarding Record on Appeal

CR-134

(Misdemeanor)

 

 

 

 

Instructions

•This form is only for giving the court notice about the record on appeal in a misdemeanor case.

•Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-131-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.

•This form can be filed with your notice of appeal. If it is not filed with your notice of appeal, this form must be filed within either:

(1)20 days after you file your notice of appeal, or, if it is later

(2)10 days after the court appoints a lawyer to represent you on appeal (if you file a request for a court-appointed lawyer within 20 days after you file your notice of appeal).

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

•Take or mail the completed form to the clerk’s office for the same trial court where you filed your notice of appeal. 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): Name:

b.Appellant’s contact information (required):

Street address:

Appellate Division Case Number:

 

 

 

Street

 

 

 

 

 

 

 

City

State

 

Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

 

 

 

 

City

State

 

Zip

 

Phone:

 

 

E-mail:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c. Appellant’s lawyer in the trial court proceedings:

 

 

 

 

 

 

 

 

 

 

 

 

 

The lawyer filling out this form

is

is not

representing the appellant in this appeal.

 

Name:

 

 

 

 

 

 

 

 

 

State Bar number:

 

 

 

 

 

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

 

 

 

 

City

 

State

 

 

Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

 

 

 

 

 

City

 

State

 

 

Zip

 

Phone:

 

 

E-mail:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fax:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judicial Council of California, www.courts.ca.gov Revised January 1, 2020, Optional Form

Cal. Rules of Court, rules 8.831, 8.860

Notice Regarding Record on Appeal

CR-134, Page 1 of 4

 

(Misdemeanor)

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.

 

Your Choices About the Record on Appeal

Stipulation for Limited Record

3

The respondent and I/my client have agreed (“stipulated”) under rule 8.860 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.

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 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 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):

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 proceeding 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):

Revised January 1, 2020

Notice Regarding Record on Appeal

CR-134, Page 2 of 4

(Misdemeanor)

Trial Court Case Name:

Trial Court Case Number:

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.

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 a 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 and complete (1), (2) or (3).)

(1)

Within 10 days of when I receive the court reporter's estimate of the cost of this transcript, I will file a

 

certified transcript of all the proceedings required by rule 8.865 that complies with rule 8.144.

(2)

I will pay the trial court clerk’s office for the reporter’s transcript myself within 10 days of when I

 

receive the court reporter’s estimate of the costs of this transcript. Alternatively, I will pay the reporter

 

directly and file with the trial court a written waiver of deposit signed by the reporter. I understand that

 

if I do not pay for this transcript, it will not be prepared and provided to the appellate division.

(3) I am asking that the reporter’s transcript be prepared at no cost to me because I cannot afford to pay this cost.

(a) I was represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case.

(b) I was not represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case, but 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 CR-105). (You can get form CR-105 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 reporter’s transcript at no cost to you.)

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 complete (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.

(a) I was represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case.

(b) I was not represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case, but 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 CR-105). (You can get form CR-105 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 transcript at no cost to you.)

Revised January 1, 2020

Notice Regarding Record on Appeal

CR-134, Page 3 of 4

(Misdemeanor)

Trial Court Case Name:

Trial Court Case Number:

5(continued)

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 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)

(2)

(a)

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 prepared and provided to the appellate division.

I am asking that this official electronic recording be provided at no cost to me because I cannot afford to pay this cost.

I was represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case.

(b)

I was not represented by the public defender or another court-appointed lawyer in the trial court proceedings in this case, but 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 CR-105). (You can get form CR-105 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 copy of the official electronic recording at no cost to you.)

OR

d.

Statement on Appeal. A statement on appeal is a summary of the trial court proceedings approved by the trial court. See form CR-131-INFO for information about preparing a proposed statement. (Check and complete (1) or (2).)

(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 (Misdemeanor) (form CR-135) to prepare and file this proposed statement. You can get form CR-135 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. I understand that if I do not serve and file the proposed statement on time, and if I am represented by a court- appointed lawyer, the court may appoint a new lawyer. If I represent myself or hire a lawyer to represent me, and I do not serve and file the proposed statement on time, the court may dismiss my appeal.

Date:

Type or print your name

Signature of appellant or attorney

Revised January 1, 2020

Notice Regarding Record on Appeal

CR-134, Page 4 of 4

(Misdemeanor)

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1. The regarding appeal will require certain details to be inserted. Make sure the subsequent blank fields are completed:

cr 134 form writing process described (step 1)

2. Right after performing the last section, head on to the subsequent stage and fill in the necessary details in these fields - Street address, Street, Mailing address if different, Phone, Street, Email, Appellants lawyer in the trial, City, City, State, Zip, State, Zip, The lawyer filling out this form, and is not.

Part number 2 of filling in cr 134 form

3. This third step is generally rather straightforward, Imy client filed a notice of, On fill in the date in the box on, Your Choices About the Record on, Stipulation for Limited Record, The respondent and Imy client have, Record of Oral Proceedings, You do not have to provide the, I elect chooseMy client elects to, WITHOUT a record of the oral, and sign and date this form I - every one of these blanks will need to be filled out here.

You do not have to provide the, WITHOUT a record of the oral, and The respondent and Imy client have inside cr 134 form

4. This next section requires some additional information. Ensure you complete all the necessary fields - WITH a record of the oral, below I understand that if I elect, and Write initials here - to proceed further in your process!

Ways to complete cr 134 form portion 4

5. The very last step to finish this form is crucial. You'll want to fill in the appropriate blank fields, for instance I want to use the following record, Reporters Transcript This option, Within days of when I receive the, I will pay the trial court clerks, I am asking that the reporters, I was represented by the public, and I was not represented by the, prior to submitting. Neglecting to accomplish that could lead to an incomplete and probably incorrect paper!

Stage number 5 for filling in cr 134 form

Be really careful while completing I was represented by the public and Within days of when I receive the, because this is the section in which a lot of people make mistakes.

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