Designate the record
In most civil appeals, you must designate the record on appeal. "Designating the record" means that you must let the superior court know what documents and oral proceedings if any, to include in the record that will be sent to the appellate court.
Designating the record
Within 10 days of filing the Notice of Appeal, you must tell the superior court what you want to be in the record for appeal
You must designate the record (tell the superior court what documents and oral proceedings, if any, you want to be included in the record on appeal) within 10 days of filing the Notice of Appeal.
In most civil appeals, the appellant must pay for both the record that is sent to the appellate court and for their copy of the record, and the respondent must pay for their own copy of the record. You may have to deposit the estimated amount of these fees upfront. If you do this, you will get a refund for any unused portion of your deposit.
For certain types of juvenile appeals (dependency and delinquency), what is included in the record is set by the rules of court so you do not have to worry about designating the record.
The appellate court judges need this record to see if the trial court made an error
Since the appellate court judges were not there for the trial court proceedings, an official record of what happened in the trial court needs to be prepared for the appellate court to review. The appellate court reviews this official record of what happened in trial court to see if the trial court made a legal mistake.
The record is a very important part of an appeal. Think of the record as a package that contains all of the information that the judges need to know about what happened in the trial court to review the case. You can only put into the package those items (like filings, transcripts, orders, motions, and minutes) that were part of the trial court proceedings.
And, when writing your brief and doing your oral argument, you can only refer to parts of the trial court proceedings that are included in this package. The contents of the record limit the issues and information that the parties can use in their arguments and that the appellate court will consider as it reviews the case. Anything in the record can be examined and considered. For the purpose of appellate review, any parts of the superior court trial that are not included in your designated record do not exist, will not be examined or considered by the appellate court, and cannot be used by either side to support their cases.
How to designate your record
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Get forms and decide what to include
For limited civil cases
The appellant can use Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to designate the record, and the respondent can use Respondent’s Notice Designating Record on Appeal– Limited Civil Case (form APP-110).
For unlimited civil cases
The appellant can use Appellant’s Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-003) to designate the record, and the respondent can use Respondent’s Notice Designating Record on Appeal–Unlimited Civil Case (form APP-010).
For certain types of juvenile appeals (dependency and delinquency), what is included in the record is set by the rules of court so you do not have to worry about this step.
Choosing what to include in the record
There are certain documents that must be included in the record on appeal, like the trial court judgment or order that is being appealed. (See rule 8.832(a) of the California Rules of Court for the documents that must be included in the record on appeal in limited civil cases (civil cases involving an amount that is $35,000 or less) and rule 8.122(b) for the documents that must be included in appeals in unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases).)
In most civil appeals, the parties choose (designate) what other things are included in the record. What you choose to include in the record depends on the issues that are being appealed. You need to think about the trial court proceedings, what rulings are being appealed, and what part of the record will best tell the appellate court about these rulings. Whether you are appealing or responding to an appeal, make sure the record includes all the information relevant to your position and the issues that the appellate court will review. These are the items you should designate for the record.
Talk to a lawyer if you need advice about what would be best in your case.
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Prepare a record of the documents
There are several ways in which a record of the documents filed in the trial court can be prepared for the appellate court.
For appeals of unlimited or limited civil cases, a record of the documents filed in the trial court can be prepared by using either:
- A clerk's transcript
- An appendix
- An original trial court file
- An agreed statement
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Prepare a record of the oral proceedings
If you want to raise any issues on appeal that would require the appellate court to consider what was said (not just what documents were filed) in the trial court proceedings, the appellate court will need a record of these oral proceedings. If you choose not to provide the appellate court with a record of the oral proceedings, make sure you will not need any part of it to make your case. Without a record of the oral proceedings, you will not be able to refer to or use anything that was said in the trial court to support your argument on appeal.
There are several ways in which a record of what was said in the trial court can be prepared for the appellate court. To prepare a record of what was said in a limited or unlimited civil case, you can use:
- A reporter's transcript
- An agreed statement
- A statement on appeal or settled statement
In a limited civil appeal, you may use a transcript of an official electronic recording or, if the appellate division permits this and the parties agree to it, the official recording itself.
Find out more: what you can use as a record of the oral proceeding
If there's a mistake or you need to correct an incomplete record
If a party does not follow the California Rules of Court about getting (designating) the record on appeal, the trial court will send out a notice of default. A notice of default says that someone did not do what the California Rules of Court say to do. Usually, something relating to getting the record was not done on time or was done incorrectly, or a required deposit for the cost of the record was not made. The party that made the mistake has 15 days from the date the notice was mailed to fix the problem.
If the party that made the mistake relating to getting the record does not fix the problems within the 15 days, the superior court will notify the appellate court. If the appellant is the party that has not complied with the rules, the appellate court may dismiss the appeal. If the respondent is the party that has not complied, the appeal may go forward on the appellant's record alone.
If you find out that the court clerk or court reporter left out a required or designated part of the record in the preparation of the clerk's or reporter's transcript, you must:
- Prepare and file a notice of correction with the superior court asking the superior court to prepare and send the item left out to the appellate court and all parties that received a copy of the record.
- Serve the notice of correction personally, by mail, or electronically on all the parties and the appellate court.
If the reason the item is missing is that you did not list it in your designation of record, you will need to file a motion to augment the record.
A motion to augment the record is a request to the appellate court to add new material to the record because you forgot to designate it or did not know at the time that you would need to.
Each item requested must be a part of the record in the superior court, like a document that was filed in the superior court; an exhibit received in evidence, refused, or lodged (temporarily placed) with the court; or a transcript or other record of oral proceedings. Any document or transcript that is available should be attached to the motion. If the appellate court grants the motion, it then augments its record with the documents or transcripts included with the motion.
Civil appeals
What's next?
Once you've designated the record, start to work on your appellate brief. If you're appealing an unlimited civil case, you will also need to file a Civil Case Information Statement.