Form App-003 "Appellant's Notice Designating Record on Appeal (Unlimited Civil Case)" - California

Form APP-003 is a California Courts form also known as the "Appellant's Notice Designating Record On Appeal (unlimited Civil Case)". The latest edition of the form was released in January 1, 2018 and is available for digital filing.

Download a PDF version of the Form APP-003 down below or find it on California Courts Forms website.

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APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date):
Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court,
not in the Court of Appeal.
RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
1.
I elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check
a, b, c, or d, and fill in any required information):
a.
A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this
form.)
(1)
I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this
transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2)
I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a)
An order granting a waiver of court fees and costs under rule 3.50 et seq.; or
(b)
An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b.
An appendix under rule 8.124.
c.
The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript; you may
select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior
court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d.
An agreed statement under rule 8.134. (You must complete item 2b(2) 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 rule 8.134(a).)
RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
2.
I elect to proceed (you must check a or b below):
a.
WITHOUT a record of the oral proceedings in the superior court. I understand that without a record of the oral
proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings
in determining whether an error was made in the superior court proceedings.
Page 1 of 4
Form Approved for Optional Use
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
Cal. Rules of Court, rules 3.50,
Judicial Council of California
8.121–8.124, 8.128, 8.130, 8.134, 8.137
(Unlimited Civil Case)
APP-003 [Rev. January 1, 2018]
www.courts.ca.gov
APP-003
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
SUPERIOR COURT CASE NUMBER:
(UNLIMITED CIVIL CASE)
COURT OF APPEAL CASE NUMBER (if known):
RE: Appeal filed on (date):
Notice: Please read form APP-001 before completing this form. This form must be filed in the superior court,
not in the Court of Appeal.
RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
1.
I elect to use the following method of providing the Court of Appeal with a record of the documents filed in the superior court (check
a, b, c, or d, and fill in any required information):
a.
A clerk's transcript under rule 8.122. (You must check (1) or (2) and fill out the clerk's transcript section on page 2 of this
form.)
(1)
I will pay the superior court clerk for this transcript myself when I receive the clerk's estimate of the costs of this
transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the Court of
Appeal.
(2)
I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a)
An order granting a waiver of court fees and costs under rule 3.50 et seq.; or
(b)
An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive Court Fees
(form FW-001) to prepare and file this application.)
b.
An appendix under rule 8.124.
c.
The original superior court file under rule 8.128. (NOTE: Local rules in the Court of Appeal, First, Third, and Fourth
Appellate Districts, permit parties to stipulate to use the original superior court file instead of a clerk's transcript; you may
select this option if your appeal is in one of these districts and all the parties have stipulated to use the original superior
court file instead of a clerk's transcript in this case. Attach a copy of this stipulation.)
d.
An agreed statement under rule 8.134. (You must complete item 2b(2) 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 rule 8.134(a).)
RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
2.
I elect to proceed (you must check a or b below):
a.
WITHOUT a record of the oral proceedings in the superior court. I understand that without a record of the oral
proceedings in the superior court, the Court of Appeal will not be able to consider what was said during those proceedings
in determining whether an error was made in the superior court proceedings.
Page 1 of 4
Form Approved for Optional Use
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
Cal. Rules of Court, rules 3.50,
Judicial Council of California
8.121–8.124, 8.128, 8.130, 8.134, 8.137
(Unlimited Civil Case)
APP-003 [Rev. January 1, 2018]
www.courts.ca.gov
APP-003
CASE NAME:
SUPERIOR COURT CASE NUMBER:
2.
b.
WITH the following record of the oral proceedings in the superior court (you must check (1), (2), or (3) below):
(1)
A reporter's transcript under rule 8.130. (You must fill out the reporter's transcript section on page 3 of this form.) I
have (check all that apply):
(a)
Deposited the approximate cost of transcribing the designated proceedings with this notice as provided in rule
8.130(b)(1).
(b)
Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(c)(1).
(c)
Attached the reporter's written waiver of a deposit for (check either (i) or (ii)):
(i)
all of the designated proceedings.
(ii)
part of the designated proceedings.
(d)
Attached a certified transcript under rule 8.130(b)(3)(C).
(2)
An agreed statement. (Check and complete either (a) or (b) below.)
(a)
I have attached an agreed statement to this notice.
(b)
All the parties have agreed in writing (stipulated) to try to agree on a statement. (You must attach a copy of this
stipulation to this notice.) I understand that, within 40 days after I file the notice of appeal, 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.
(3)
A settled statement under rule 8.137. (You must check (a), (b), or (c) below.)
(a)
The oral proceedings in the superior court were not reported by a court reporter.
(b)
The oral proceedings in the superior court were reported by a court reporter, but the appellant has an order
waiving his or her court fees and is unable to pay for a reporter's transcript.
(c)
I am requesting to use a settled statement for reasons other than those listed in (a) or (b). (You must attach the
motion required under rule 8.137(b) to this form.)
RECORD OF AN ADMINISTRATIVE PROCEEDING TO BE TRANSMITTED TO THE REVIEWING COURT
3.
I request that the clerk transmit to the reviewing court under rule 8.123 the record of the following administrative proceeding
that was admitted into evidence, refused, or lodged in the superior court (give the title and date or dates of the administrative
proceeding):
Title of Administrative Proceeding
Date or Dates
NOTICE DESIGNATING CLERK'S TRANSCRIPT
4.
(You must complete this section if you checked item 1a above indicating that you elect to use a clerk's transcript as the record of
the documents filed in the superior court.)
a.
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
(1)
Notice of appeal
(2)
Notice designating record on appeal (this document)
(3)
Judgment or order appealed from
(4)
Notice of entry of judgment (if any)
(5)
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)
(6)
Ruling on one or more of the items listed in (5)
(7)
Register of actions or docket (if any)
APP-003 [Rev. January 1, 2018]
Page 2 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME:
SUPERIOR COURT CASE NUMBER:
NOTICE DESIGNATING CLERK'S TRANSCRIPT
4.
b.
Additional documents. (If you want any documents from the superior court proceeding in addition to the items listed in 4a.
above to be included in the clerk's transcript, you must identify those documents here.)
I request that the clerk include the following documents from the superior court proceeding in the transcript. (You must
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
(8)
(9)
(10)
(11)
(12)
Additional documents are listed on Attachment 4b beginning with number (13).
c.
Exhibits to be included in clerk's transcript
I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in
the superior court (for each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description
of the exhibit. Indicate whether or not the court admitted the exhibit into evidence):
Exhibit Number
Description
Admitted (Yes/No)
(1)
(2)
(3)
(4)
(5)
Additional exhibits are listed on Attachment 4c beginning with number (6).
NOTICE DESIGNATING REPORTER'S TRANSCRIPT
5.
You must complete both a and b in this section if you checked item 2b(1) above indicating that you elect to use a reporter's
transcript as the record of the oral proceedings in the superior court. Please remember that you must pay for the cost of preparing
the reporter's transcript.
a.
I request that the reporters provide (check one):
My copy of the reporter's transcript in electronic format.
(1)
My copy of the reporter's transcript in paper format.
(2)
(3)
My copy of the reporter's transcript in electronic format and a second copy in paper format.
(Code Civ. Proc., § 271.)
APP-003 [Rev. January 1, 2018]
Page 3 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
APP-003
CASE NAME:
SUPERIOR COURT CASE NUMBER:
5.
b. Proceedings
I request that the following proceedings in the superior 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 the name of the
court reporter who recorded the proceedings [if known], and whether a certified transcript of the designated proceeding was
previously prepared.)
Date
Department
Full/Partial Day
Description
Reporter's Name
Prev. prepared?
(1)
Yes
No
(2)
Yes
No
(3)
Yes
No
(4)
Yes
No
Additional proceedings are listed on Attachment 5b beginning with number (5).
NOTICE DESIGNATING PROCEEDINGS TO BE INCLUDED IN SETTLED STATEMENT
6.
(You must complete this section if you checked item 2b(3) above indicating you elect to use a settled statement.) I request that
the following proceedings in the superior court be included in the settled statement. (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 applicable, the name of the court
reporter who recorded the proceedings [if known], and whether a certified transcript of the designated proceeding was
previously prepared.)
Date
Department
Full/Partial Day
Description
Reporter's Name
Prev. prepared?
(1)
Yes
No
(2)
Yes
No
(3)
Yes
No
(4)
Yes
No
Additional proceedings are listed on Attachment 6 beginning with number (5).
include
do not include
7.
a.
The proceedings designated in 5b or 6
all of the testimony in the superior court.
b.
If the designated proceedings DO NOT include all of the testimony, state the points that you intend to raise on appeal (rule
8.130(a)(2) provides that your appeal will be limited to these points unless, on motion, the reviewing court permits otherwise).
Below
On Attachment 7.
Points are set forth:
Date:
(SIGNATURE OF APPELLANT OR ATTORNEY)
(TYPE OR PRINT NAME)
APP-003 [Rev. January 1, 2018]
Page 4 of 4
APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL
(Unlimited Civil Case)
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