vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Designating the Record – California Appellate Courts
A respondent can object to any part of the explanation or propose changes to the settled statement. A respondent must serve and file suggested changes within 20 calendar days from the date the appellant served a copy of their settled statement.
If there is a disagreement about an issue that is important in the appeal, the trial court judge can order a hearing to discuss it. It is the trial court’s job to decide what the final version of the settled statement says.
Is there a court form? Yes. To prepare a settled statement, the appellant uses form APP-014 for a Proposed Statement on Appeal. To prepare a response to the appellant’s proposed settled statement, a respondent uses form APP-020.
How much does it cost? There is no additional court cost to file a settled statement. The parties may have costs if they ask a lawyer to help prepare the statement or prepare changes to the statement.
Learn more about settled statements
Read California Rule of Court 8.137 on settled statements
 

How to include exhibits in the record on appeal
Exhibits that were filed in the trial court can also be included in the record on appeal. Exhibits include photographs or documents that were admitted in evidence or lodged (temporarily kept) in the trial court.
An exhibit offered at the trial is considered part of the clerk’s transcript, however it is not automatically copied into the record.
If a party wants an exhibit to be part of the record, they must add the exhibit to their list of materials to be included in the clerk’s transcript. Be sure to include the exhibit name and number so the trial court clerk can find it in the case file.
If a party is preparing documents in an appendix for the record on appeal, they can include any exhibits that are in the trial court’s record. If the parties agreed to designate the whole trial court file, all exhibits will be included in the record on appeal.
Note: If a designated exhibit was returned after the trial ended, the party who received the exhibit must return it to the trial court.
How to File Notice Designating the Record on Appeal with the Trial Court
Additional Filings – California Appellate Courts
If the clerk’s transcript has not been completed, the portion of the deposit that has not been used will be refunded to the appellant.
Read California Rule of Court 8.244 (b)
 
 Request to Dismiss the Appeal (Appellant files) If an appellant decides they want to end the appeal and it is after the record has been filed, the appellant can file a request to dismiss the appeal. This document is filed by the appellant in the Court of Appeal. The court may grant or deny the request.
Read California Rule of Court 8.244 (c)
 
 Motion to Dismiss an Appeal (Respondent files) The respondent can file a motion to dismiss the appeal any time after the appellant files a notice of appeal and before the case is submitted for decision after oral arguments. This document is filed by the respondent in the Court of Appeal. If a motion to dismiss an appeal is filed before the record is filed in the Court of Appeal, the respondent must include certain information listed in California Rule of Court 8.57(a).
Read California Rule of Court 8.57 (a)
 
 Motion for Judicial Notice (Optional for Appellant and Respondent) When you ask the Court of Appeal for judicial notice, you are asking the court to recognize facts or evidence that are not reasonably subject to dispute. Any party in the appeal can motion for judicial notice.
A common example is when there are two related cases and the record from the prior case is relevant to the current case. In this situation, a party may ask the court to take judicial notice of the record or opinion from the prior case.
If you want the Court of Appeal to take judicial notice of a matter, your motion must state clearly:

what material you want the court to take judicial notice of
why the matter to be noticed is relevant to the issues on appeal
whether the matter was presented to the trial court
whether the trial court took judicial notice of the matter
whether the matter relates to proceedings that occurred after the order or judgment that is being appealed

If the trial court did not take judicial notice of the matter, you must also explain why the matter is subject to judicial notice pursuant to Evidence Code section 452, 452, or 453.
Additional Filings – California Appellate Courts
Any party can file motions and other documents with the court at any time during the appeal before the conclusion of oral arguments. This is when the case is submitted for the Court of Appeal’s decision.
 
 Is there a form for motions and other filings? There is never a form for motions. Some other filings have forms and some do not. If there is not a form, a party must create a document.
 
 How do I prepare a motion or other filing? It is best to complete court filings on a computer or a typewriter. You can only file handwritten documents with the court if you are representing yourself (you do not have an attorney) and you are not a licensed attorney.
 
 What information do I include in motions and court filings that do not have a form? You need to clearly tell the court what you are requesting. You must give good cause – which means a good reason – why the court should grant your request. You should write an organized argument in favor of your request. Your argument should include:

basic facts about the request
what you have done or attempted to do to take care of the problem
what you want the court to do
why it is necessary

You need to support your argument with legal authorities – or examples from the law – giving the court legal reasons that your request should be approved. You may also need to include documentary evidence, like exhibits, to support your request. Be sure to follow the general court guidelines for formatting and provide all the information the court will need to make a decision about your request. There are examples of many motions and other filings in this guide to help you.
 
 Do I need to include any forms with a motion or other filing? The first time an appellant or respondent files a document in the Court of Appeal, they must file a Certificate of Interested Entities or Persons, Form APP-008. Learn more
 
 Do I need proof of service for motions and other filings? Yes. You must serve – or give – a copy of most court filings to all the other parties (or their lawyers) in the appeal before you can file them with the court. There are only a few exceptions. Learn more about proof of service
Additional Filings – California Appellate Courts
The deadlines for these forms start as soon as the appellant files a notice of appeal.
It is very important for all parties in an appeal to know what forms they must complete and when. There may be additional required forms to fill out if the Court of Appeal in your district has a Mediation Program.
It is also very important to know where to file each form. Some forms are filed in the trial court and some forms are filed in the Court of Appeal.
Be sure to carefully read the rules for each form. If a form is missing information, the court will return it to be corrected. If certain forms are not filed or are filed late, the court can dismiss the appeal.
There are many resources to help you understand and complete court forms. These resources are available online and in person at the court.
Here’s an overview of the most important pre-brief forms and how to get help.
You can also learn more about the forms required for each step of an appeal by visiting that step in this guide.
Choose one of the forms to get started
Designating the Record Forms (Appellant and Respondent file)
What happens next? Most forms in an appeal are filed before the briefs. After submitting all the pre-brief forms and designating the record, it’s time to work on the briefs. Each party in the appeal can prepare a brief that includes a legal argument about why their side of the appeal is correct. A brief can take a lot of time and research to write, so it’s important to get started as soon as possible.

 Civil Case Information Statement, Form APP-004 (Appellant files) Who files this form? The appellant files the Civil Case Information Statement form APP-004. The respondent does not file this form. 
What’s the purpose of this form? The Civil Case Information Statement includes basic information about the case. This information helps the court get started processing the appeal.
In form APP-004, the appellant must tell the court about:

the kind of case it is (for example, medical malpractice, real estate, or probate)
the judgment or order that is being appealed
Designating the Record – California Appellate Courts
All sections of the form must be completed and signed by the person who serves notice. Learn more about proof of service
Get a blank proof of service form APP-009 (mail or in person)
Get a blank proof of service form APP-009e (electronic)
Get instructions for the proof of service form
Get detailed proof of service information from the California Courts
 
 Can I serve the notice of appeal form and the notice designating the record on appeal form at the same time? Since both the notice of appeal and notice designating the record on appeal forms must be served on the other parties, some appellants find it’s easier and saves money to serve both forms at the same time, however, that is not required.
 
 What happens if the trial court makes a mistake with the record on appeal? Sometimes the court makes a mistake and does not include a designated part of the record on appeal in a clerk’s or reporter’s transcript. If this happens, the party who added the item to the record on appeal can take action to fix the issue.
The party can prepare and file a notice of omission with the trial court. The notice should ask the trial court to prepare and send the missing item to the Court of Appeal and to all parties that received a copy of the record on appeal.
There is no court form for this kind of notice. The party prepares an omission letter and files the letter with the trial court. The party must also serve the notice of correction to all the parties and the Court of Appeal. Learn more.
 
 What happens if I forget to designate something in the record on appeal? Can I add it later? If you forget something when you designate the record on appeal, it is possible to add materials later by filing a motion to augment the record.
A motion to augment the record is a request to the Court of Appeal to add new material to the record on appeal because you forgot to designate it or did not know at the time that you would need to. If the court grants your motion to augment the record, you may have to pay additional costs to add the material(s). This is especially true if you want to include an additional reporter’s transcript.
Appeals: Sacramento Superior Court

Appeals: Sacramento Superior Court

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Appeals

Home > Appeals

Appellate Calendar 
What is an Appeal?
Filing a Notice of Appeal 
Fees and Fee Waivers 
Designation of Transcripts
Briefs
Hearings 
Civil, Felony, Misdemeanor, Traffic and Unlawful Detainer
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Appellate Calendar
 
 	The Appellate
 	Calendar is a monthly calendar.

What is an Appeal?

 An appeal is a review of the trial court's decision by another court. A party may appeal an unfavorable
 judgment and certain orders. Generally, the appeal must be based on an argument that a legal 
 error was made by the trial court.

 An appeal is not a retrial. You will not be 
 permitted to introduce new evidence, and the 
 appellate court - external link will not reassess conflicting evidence.

 You may not appeal on behalf of a friend, a 
 spouse, a child, or other relative (unless you are a legally appointed guardian).
Glossary – California Appellate Courts
Any party can file a petition for review after the Court of Appeal decision becomes final.Petition for ReviewA petition that asks the Court of Appeal to reconsider its decision. Any party can file a petition for review if they believe that the Court of Appeal made a legal mistake in the opinion.PlaintiffThe party who sues or starts a civil case.Points and authoritiesA document that sets out a party’s legal arguments and uses legal authorities, like statutes and court cases, to support those arguments. Often written to support a motion.POS(Proof of Service) The form filed with the court that proves that court papers were formally served on (delivered to) a party in a court action on a certain date. Under the court's mandatory electronic filing, the Proof of Service will be the last page of your electronic filing. Alternatively, for a fee, you may use TrueFilingTM as your process server in lieu of producing your own Proof of Service.Presentaciones judicialesDocumentos presentados por las partes ante la corte inferior o la Corte de Apelaciones.Presentar para sentenciaEtapa final cuando ya se han presentado todos los escritos y alegatos orales, si se hubiera solicitado, y la causa está lista para ser decidida. El próximo paso es el dictado de la sentencia de la Corte de Apelaciones.Pro perWhen someone represents themselves, without a lawyer.Pro perCuando una persona se representa a sí mismo, sin abogado.Pro seWhen someone represents themselves, without a lawyer.Pro seCuando una persona se representa a sí mismo, sin abogado.Procedimiento oralLo que se dice en el juicio, la audiencia o en los alegatos.Procedimientos administrativosIncluyen documentos escritos presentados en una audiencia administrativa o transcripciones de procedimientos orales de una audiencia administrativa.
Designating the Record – California Appellate Courts
By law, the Court of Appeal can only look at issues around the alleged legal mistake in the trial court.
Also, the complete trial court record may be large and some parts may not be relevant to the issues raised in the appeal. That’s why the parties in the case must designate or choose the parts of the trial court record they want the Court of Appeal to review. The record on appeal helps the Court of Appeal focus on the materials that are needed to decide the issues.
 
 What forms do I need to designate the record? Here are forms and guides frequently used by the parties when they designate the record for an unlimited civil case:
Information on Appeal Procedures for Unlimited Civil Cases APP-001-INFO
Appellant’s Notice Designating Record on Appeal APP-003
Respondent’s Notice Designating Record on Appeal APP-010
Respondent’s Notice Electing to Use an Appendix APP-011
Appellant’s Proposed Settled Statement APP-014
Information Sheet for Proposed Settled Statement APP-014INFO
Response to Appellant’s Proposed Settled Statement APP-020
Appellant’s Motion to Use a Settled Statement APP-025
 
 Can I get online access to the trial court files for my case? Maybe. Some trial courts keep case documents online. You can contact the trial court to ask about online access. You can also look for a “Search Case Information” section on your trial court’s website.
 
 What is a register of actions and how can it help me designate the record on appeal? The trial court keeps a register – or list – of all the actions for each case. This list includes names and dates for all the evidence, documents, and motions filed in the trial court.
The register of actions can be very helpful in designating materials for the record on appeal. That’s because the register of actions includes the information you need to provide the trial court when you make a list of things to include in the record on appeal. Also, it takes less time to read through the register of actions than it takes to read through the whole trial court file.
The register of actions is available in the trial court case file.
Traffic | Superior Court of California | County of Tuolumne
Notice of Appeal – Administrative Parking Hearing (parking appeal form).

Your copy of the original Notice of Parking Violation.

A $25.00 filing fee, (pursuant to Vehicle Code section 40230(b)), made payable to the Tuolumne County Superior Court.

Upon filing the notice of appeal, the matter will be set for trial de novo. The date, day, and time of the trial will be inserted on the notice of appeal. The contestant must serve the issuing agency with the notice of appeal (Vehicle Code section 40230(a), and proof of service must be filed by the contestant with the court at least 10 days before the trial date.
Upon receiving the notice of appeal, the agency will forward to the court its entire file, including the final decision of the examiner, and the manner and the date of service of that decision.  The agency file should be received by the court at least 10 days before trial.
After the trial de novo, the court will notify the contestant and the agency of its decision. If the agency prevails, the parking penalty will then be retained by the agency, or if not previously collected by the agency, will be collected by the agency (Vehicle Code section 40220).  If the contestant prevails, the agency shall promptly refund to the contestant the $25.00 fee for filing the notice of appeal, together with any parking penalty previously deposited (Vehicle Code section 40230(b)).

Paying the Fine

The bail on a citation is the amount of money required to guarantee your appearance in court.  If you choose to pay the bail on the citation without going to court, it is called a bail forfeiture. The citation is deemed paid and the resulting conviction will be reported on your driving record.  When you elect to forfeit bail, you are waiving your right to a trial, entering a plea of guilty to the charges, and paying the fine without appearance in court. If you elect to proceed by this option, you may sign the options/remittance portion of your Courtesy Notice and provide to the court the total bail amount indicated on the Courtesy Notice, along with any proof of correction that is required prior to the due date.
Respondent’s Brief – California Appellate Courts
If the respondent finds any of these problems with the appeal, they can file a motion asking the Court of Appeal to dismiss the appeal.
Learn more about filing a motion
Read the California Rules of Court about motions to dismiss the appeal (before the record is filed)
Read the California Rules of Court about other motions
Understanding What the Court of Appeal Reviews

An appeal is not a new trial of the facts. The Court of Appeal only considers legal issues or mistakes made by the trial court.
To win an appeal, the appellant must prove that the trial court made a legal mistake and that the mistake impacted the decision. This is hard to do because the Court of Appeal generally defers to the trial court’s decision, unless it is de novo review.
In an appeal, the burden is on the appellant to present a legal argument that convinces the Court of Appeal to reverse the trial court’s order or judgment.
An effective respondent’s brief will focus on presenting facts that support the trial court’s decision and arguing against the legal issues raised by the appellant in the opening brief.
Preparing a Respondent’s Brief
Appeals are won or lost on the briefs. Even though the law favors the respondent, sometimes an appellant is successful in the Court of Appeal. So the respondent needs to spend time writing a persuasive, concise legal argument that supports the trial court’s decision. This may require research.
The respondent only needs to respond to arguments raised by the appellant in the appellant’s opening brief.
To get started, the respondent will read all the information in the appeal. That means the respondent will:

Review what’s in the record

the ruling, decision, or judgment of the trial court judge
the statutes, constitutional provisions, case decisions, and other legal authorities that the trial court judge used to support the decision

Review the appellant’s opening brief

the legal argument of why the trial court’s decision should be reversed
the standard of review to be considered
the legal authorities that the appellant used to support their argument

The respondent’s job is to find legal authorities – or examples from the law – that support the trial court’s original decision.
Glossary – California Appellate Courts
Incluye todos los materiales y documentos presentados ante la corte de primera instancia.Exposición de los hechosDeclaración escrita u oral de los hechos de un caso.ExtensionA party may request an extension to get permission from the court to take additional time to do something, like file a brief after the court deadline.FechadoDocumento que lleva el sello de la corte con la fecha de presentación.Fee waiverA waiver from the court that says you do not have to pay some or all court fees because you cannot afford to pay. You must use a court form to apply for a fee waiver in the trial court and the Court of Appeal.File-stampedA document stamped by the court with the date of filing.Filing feesThe amount of money a party must pay to file certain documents with the court.Findings of factWhen there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact. The findings of fact -- for example, that the light was red, not green as the plaintiff alleges -- must be supported by evidence in the record.Frivolous appealAn appeal filed to harass the respondent or to delay, or an appeal that is totally without merit.Fundamentos de la apelaciónSección del escrito que informa a la Corte de Apelaciones por qué se puede apelar el caso.Good causeA legally good reason for being allowed to do what you are asking.Hechos de notorio y público conocimientoCuestiones que la corte admite sin prueba, incluidos hechos conocidos e indiscutidos, reglamentos de la corte, reglas de conducta profesional, leyes públicas y decisiones de California y definiciones de palabras y expresiones jurídicas en inglés.