Appellant's Notice Designating Record on Appeal

Cal. Form APP-103

California Superior Local Rules

Judicial Council of California, www.courts.ca.gov Revised January 1, 2021, Optional Form Cal. Rules of Court, rule 8.831 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) APP-103 Appellant's Notice Designating Record on Appeal (Limited Civil Case) 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): Appellate Division Case Number: 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.courts.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.courts.ca.gov/selfhelp-serving.htm. 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. 1 Your Information a. Name of Appellant (the party who is filing this appeal): Name: 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: 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: Fax: APP-103, Page 1 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) 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 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 want to raise any issue in your appeal that would require the appellate division to consider what was said in the trial court, you will need to provide the appellate division with a record of those oral proceedings. For example, if you are claiming that there was not evidence supporting the judgment, order, or other decision you are appealing, you will need to provide a record of the oral proceedings. 3 I 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 4 ; go to item 5 ).

I understand that if I elect to proceed without providing a record of the oral proceedings, the appellate division will not be able to review any issues I might want to raise about what was said in the trial court during those proceedings or any claim that there was not evidence to support the judgment, order, or decision I am appealing. (Write initials here): b. WITH a record of the oral proceedings in the trial court (complete item 4 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): 4 I 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], the name of the court reporter who recorded the proceedings, and whether a certified transcript of the designated proceeding was previously prepared.) Date Department Description Reporter’s Name Prev. prepared? (

a) Yes No (

b) Yes No (

c) Yes No (

d) Yes No (

e) Yes No (

f) Yes No (

g) Yes No Check here if you need to list other proceedings and attach a separate page or pages listing those proceedings. At the top of each page, write “APP-103, item 4a.” APP-103, Page 2 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) Trial Court Case Name: Trial Court Case Number: 4 a. (continued)

(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 a 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 4a(2).”

(3) Certified transcripts. I have attached to this Appellant’s Notice Designating Record on Appeal an original certified transcript of all the proceedings I have designated in (1). The transcript complies with the format requirements in rule 8.144 of the California Rules of Court. Under rule 8.834, no payment is due for this transcript (skip the rest of 4 and go to 5 ).

(4) Payment for reporter’s transcript. (

a) I will pay for the reporter’s transcript I have designated in (1). Within 10 days of getting the reporter’s estimate of the cost of the transcript, I will: Deposit an amount equal to the estimated cost of the transcript with the trial court, and a fee of $50 for the superior court to hold this deposit in trust. I understand that if I do not comply with this requirement, my appeal may be dismissed. File with the trial court a copy of the written waiver of deposit signed by the reporter. I understand that if I do not comply with this, my appeal may be dismissed. (

b) I am unable to afford the cost of the reporter’s transcript I have designated in (1) and am therefore applying to the Transcript Reimbursement Fund to pay for this transcipt. Within 10 days of receipt of the court reporter’s estimate of the costs for this transcript, I will file with the trial court a copy of my application to the Court Reporters Board for payment or reimbusement from the Transcript Reimbursement Fund.

(5) Format of reporter’s transcript. I request that the reporter provide my copy of the transcript in: (

a) Paper format only. (

b) Electronic format only. (

c) Both paper and electronic 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. Identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings, and if you know it, the name of the electronic recording monitor who recorded the proceedings: Date Department Description Electronic Monitor’s Name (a) (b) (

c) Check here if you need more space to describe any proceeding or to list more proceedings and attach a separate page describing or listing those proceedings. At the top of each page, write “APP-103, item 4b.” APP-103, Page 3 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) Trial Court Case Name: Trial Court Case Number: 4 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 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 cost 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 submitted the following document with this notice designating the record (check (

a) or (

b) and submit the appropriate document): (

a) An order granting a waiver of the cost under rules 3.50–3.58 and 8.818(d). (

b) An application for a waiver of court fees and costs under rules 3.50–3.58 and 8.818(d). (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 d. Agreed Statement. An agreed statement is a

summary of the trial court proceedings agreed to by the parties. See form APP-101-INFO for information about preparing an agreed statement. 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, and if I do not, the court may dismiss my appeal. b. (continued) Check and complete (1) or (2).

(1) I will pay the trial court clerk for this transcript myself. I understand that if I do not pay for the transcript, my appeal may be dismissed. (

a) With this notice designating the record on appeal, I have deposited with the trial court clerk the approximate cost of transcribing the proceedings I designated above, calculated as provided in rule 8.130(b)(1)(B). (

b) Within 10 days of receipt of the clerks estimate of the cost of the transcript, I will deposit that amount with the trial court clerk.

(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) An order granting a waiver of the cost under rules 3.50–3.58 and 8.818(d). (

b) An application for a waiver of court fees and costs under rules 3.50–3.58 and 8.818(d). (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.) APP-103, Page 4 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) Trial Court Case Name: Trial Court Case Number: 4 (continued) OR e. Statement on Appeal. A statement on appeal is a

summary of the trial court proceedings approved by the trial court. See form APP-101-INFO for information about preparing a proposed statement. Check (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 (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.courts.ca.gov/forms.htm.)

(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. Record of the Documents Filed in the Trial Court 5 I elect (choose)/My client elects to use the following record of the documents filed in the trial court (check a, b, or c 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 APP-103, Page 5 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) Trial Court Case Name: Trial Court Case Number: 5 a. (continued)

(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 to list other documents and attach a separate page or pages listing those documents. At the top of each page, write “APP-103, item 5a(2).”

(3) Exhibits. 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 NoYes NoYes NoYes NoYes NoYes Check here if you need to list other exhibits and attach a separate page or pages listing those exhibits. At the top of each page, write “APP-103, item 5a(3).” APP-103, Page 6 of 7

Revised January 1, 2021 Appellant’s Notice Designating Record on Appeal (Limited Civil Case) Trial Court Case Name: Trial Court Case Number: 5 a. (continued)

(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 submitted the following document with this notice designating the record (check (

i) or (ii) and submit the checked document): (

i) An order granting a waiver of the cost under rules 3.50–3.58 and 8.818(d). (ii) An application for a waiver of court fees and costs under rules 3.50–3.58 and 8.818(d). (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. An appendix under rule 8.845. OR c.

Agreed statement. (This option is only available if you have chosen to use an agreed statement as the record of the oral proceedings under item 4 above and you 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 5a(1) above and in rule 8.832 of the California Rules of Court.) Date: Type or print your name Signature of appellant or attorney APP-103, Page 7 of 7

Document details

Collection	California Superior Local Rules
Citation	Cal. Form APP-103
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	4cb15d725a6d4e8e0e3f76636952c394f4cb3480

Source file is stored in the law ingest library (pdf).