APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

GENERAL INFORMATION

1

What does this information sheet cover? 

This information sheet tells you about appeals in unlimited 
civil cases. These are civil cases in which the amount of 
money claimed is more than $25,000, as well as other types 
of cases, such as those filed in family court, probate court, 
and juvenile court.  
If you are the party who is appealing (asking for the trial 
court’s decision to be reviewed), you are called the 
APPELLANT, and you should read “Information for the 
Appellant,” starting on page 3. If you received notice that 
another party in your case is appealing, you are called the 
RESPONDENT and you should read “Information for the 
Respondent,” starting on page 13.  

This information sheet does not cover everything you may 
need to know about appeals in unlimited civil cases. It 
gives you a general idea of the appeal process. To learn 
more: 

Read rules 8.100–8.278 of the California Rules of Court, 
which set out the procedures for unlimited civil appeals. 
You can get these rules at any courthouse or county law 
library or online at www.courts.ca.gov/rules.

Read the local rules and find out about self-help 
resources for the district in which you filed your appeal 
at www.courts.ca.gov/courtsofappeal.htm. 

Visit the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-appeals.htm. 

l Review the counties included in each appellate district at 

www.courts.ca.gov/documents/appdistmap.pdf.

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2

What is an appeal? 

An appeal is a request to a higher court to review a  
decision made by a judge or jury in the superior court. In 
an unlimited civil case, the court hearing the appeal is the 
Court of Appeal for the district in which the superior court 
is located. The lower court—called the “trial court” in this 
information sheet—is the superior court.   

It is important to understand that an appeal is NOT a new 
trial. The Court of Appeal will not consider new evidence, 
such as the testimony of new witnesses or new exhibits.

The appellate court’s job is to review a record of what 
happened in the trial court and the trial court’s decision to 
see if certain kinds of legal errors were made.  

For information about appeal procedures in other kinds 
of cases, see:  

· Information on Appeal Procedures for Limited Civil 

Cases (form APP-101-INFO)  

· Information on Appeal Procedures for Infractions 

(form CR-141-INFO) 

· Information on Appeal Procedures for Misdemeanors 

(form CR-131-INFO) 

You can get these forms at any courthouse or county 
law library or online at www.courts.ca.gov/forms.

3

Who can appeal? 

Only a party in the trial court case can appeal a decision in 
that case. You may not appeal on behalf of a friend, a 
spouse, a child, or another relative unless you are a legally 
appointed representative of that person (such as the 
person’s guardian or conservator).  

4

Can I appeal any decision the trial court 
made? 

No. Generally, you can only appeal the final judgment— 
the decision at the end that decides the whole case. Other 
rulings made by the trial court before the final judgment 
generally cannot be separately appealed but can be 
reviewed only later as part of an appeal of the final 
judgment. There are a few exceptions to this general rule. 
Code of Civil Procedure section 904.1 lists a few types of 
orders in an unlimited civil case that can be appealed right 
away. These include orders that:

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Grant a motion to quash service of summons or grant a 
motion to stay or dismiss the action on the ground of 
inconvenient forum.

Grant a new trial or deny a motion for judgment 
notwithstanding the verdict.

Discharge or refuse to discharge an attachment or grant 
a right to attach.

Grant or dissolve an injunction or refuse to grant or 
dissolve an injunction. Note: Injunctions include 
restraining orders.

Appoint a receiver.

Are made after final judgment in the case.

Judicial Council of California, www.courts.ca.gov  
New January 1, 2019, Optional Form  
Cal. Rules of Court, rules 8.100-8.278

Information on Appeal Procedures 
for Unlimited Civil Cases 

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

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Are made appealable by the Family Code or the Probate 
Code.

You should consult with a lawyer or a court self-help center 
to determine if your order is final and appealable. Go to 
www.courts.ca.gov/selfhelp-selfhelpcenters.htm to find 
information about the self-help center in your county.

(You can view Code of Civil Procedure section 904.1 using 
the link below:  
http://leginfo.legislature.ca.gov/faces/codes.xhtml.)    

5 What does the appellant need to prove to 

win on appeal? 

The appellant must prove that an error in the trial court 
proceedings was made and that the error affected the 
outcome of the court’s or jury’s decision. An error that 
affected the outcome of the case is called a “prejudicial 
error.” 

An error can include things like errors made by the judge 
about the law, errors or misconduct by the lawyers or by 
the jury, incorrect instructions given to the jury, or 
insufficient evidence to support the judgment, order, or 
other decision being appealed. Note: This is not a 
complete list of all possible errors.

When the appellant argues that the error was based on 
insufficient evidence to support the judgment or other 
decision being appealed, the Court of Appeal will 
determine whether there was “substantial evidence” to  
support the judgment, order, or other decision being 
appealed. But in conducting its review, the Court of 
Appeal only looks to see if there was evidence that 
reasonably supports the decision. 

The Court of Appeal generally will not reconsider the 
jury's or the trial court's conclusions about which side had 
more or stronger evidence or whether witnesses were 
believable. It only determines whether the evidence is 
sufficient to support the judgment, order, or other 
decision.

The Court of Appeal will generally not overturn the 
judgment, order, or other decision being appealed unless 
the record shows a prejudicial error was made. The 
winning party does not have to prove that the judgment,
order, or other decision was correct. Instead, it is up to the 
appellant to prove that the error was made and that the 
error affected the outcome of the case.

6 Do I need a lawyer to represent me in an 

appeal? 

You do not have to have a lawyer; if you are an individual  
(rather than a corporation, for example), you are allowed to 
represent yourself in an appeal in an unlimited civil case. 
But appeals can be complicated and you will have to 
follow the same rules that lawyers have to follow. If you 
have any questions about the appeal procedures, you 
should talk to a lawyer. 
If you decide not to use a lawyer, you must put your 
address, telephone number, fax number (if available), and 
e-mail address (if available) on the first page of every 
document you file with the court.  

However, if you need to keep your contact information 
private (for instance, in an appeal involving a domestic 
violence restraining order), you may give a different 
mailing address instead. But if you use a different address, 
be sure to check it regularly to stay informed about your 
case and about your obligations regarding your case.

You must keep the Court of Appeal, the trial court (if the 
trial court proceedings continue or are expected to 
continue), and the other parties in your case informed of 
any change in your contact information for service of 
notices and other documents relating to the appeal. 

For your trial court case, you may complete Notice of 
Change of Address or Other Contact Information (form 
MC-040), file it in the trial court, and have it served on the 
parties in the case.

For your case in the Court of Appeal, you may refer to 
form MC-040 as an example of the information that you 
need to include in a notice regarding the change in your 
contact information. That notice must be filed in the Court 
of Appeal and served on the parties in the appellate  
case.

7 Where can I find a lawyer to help me with 

my appeal? 

You have to hire your own lawyer if you want one. You 
can get information about finding a lawyer on the 
California Courts Online Self-Help Center at  
www.courts.ca.gov/selfhelp-lowcosthelp.htm in the Getting 
Started section. 

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APP-001-INFO Information on Appeal Procedures for Unlimited Civil Cases

INFORMATION FOR THE APPELLANT

This part of the information sheet is written for the 
appellant—the party who is appealing the trial court’s 
decision. It explains some of the rules and procedures 
relating to appealing a decision in an unlimited civil case. 
The information may also be helpful to the respondent. 
Additional information for respondents can be found 
starting on page 13 of this information sheet.

Unless you are filing electronically, it is a good idea to 
bring or mail an extra copy of the notice of appeal to the 
clerk when you file your original and ask the clerk to 
stamp this copy to show that the original has been filed. 

You can get more information about how to serve court 
papers and proof of service from Information Sheet for 
Proof of Service (Court of Appeal) (form APP-009-INFO) 
and on the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-serving.htm. 

8 How do I start my appeal? 
First, you must serve and file a notice of appeal. The notice 
of appeal tells the other party or parties in the case and the 
trial court that you are appealing the trial court’s decision. 
You may use Notice of Appeal/Cross-Appeal (Unlimited 
Civil Case) (form APP-002) to prepare a notice of appeal 
in an unlimited civil case. You can get form APP-002 at 
any courthouse or county law library or online at www.
courts.ca.gov/forms.htm.

10 Is there a deadline to serve and file my 

notice of appeal? 

Yes. Generally, in an unlimited civil case, the notice of 
appeal must be served on the other party or parties in the 
case and filed with the clerk of the superior court within 60 
days after the trial court clerk or a party serves either (1) a 
document called a “Notice of Entry” of the trial court 
judgment or appealable order or (2) a file-stamped copy of 
the judgment or appealable order.

9 How do I “serve and file” the notice of 

appeal? 

“Serve and file” means that you must: 

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Have somebody over 18 years old mail, deliver, or 
electronically send (“serve”) the notice of appeal to the 
other party or parties in the way required by law. If the 
notice of appeal is mailed or personally delivered, it 
must be by someone who is not a party to the case—so 
not you.
Make a record that the notice of appeal has been served. 
This record is called a “proof of service.” Proof of 
Service (Court of Appeal) (form APP-009) or Proof of 
Electronic Service (Court of Appeal) (form APP-009E) 
can be used to make this record. The proof of service 
must show who served the notice of appeal, who was 
served with the notice of appeal, how the notice of 
appeal was served (by mail, in person, or electronically), 
and the date the notice of appeal was served.  

Bring or send (by mail or electronically) the original 
notice of appeal and the proof of service to the trial 
court that issued the judgment, order, or other decision 
you are appealing. You should make a copy of the 
notice of appeal you are planning to file for your own 
records before you file it with the court. 

If the clerk or a party served neither of these documents, 
the notice of appeal must be filed within 180 days after 
entry of judgment or appealable order (generally, the date 
the judgment or appeable order is file-stamped). 
This deadline for filing the notice of appeal cannot be 
extended. If your notice of appeal is late, the Court of 
Appeal will not be able to consider your appeal. 

If a notice of appeal has been filed in a case, any other 
party to the case may file its own appeal from the same 
judgment or order. This is called a “cross-appeal.” 

To cross-appeal, a party must file a notice of appeal within 
either the regular time for filing a notice of appeal or 
within 20 days after the clerk of the superior court mails 
notice of the first appeal, whichever is later. A party that 
wishes to cross-appeal may use Notice of Appeal/Cross-
Appeal (Unlimited Civil Case) (form APP-002) to file this 
notice in an unlimited civil case. 

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Do I have to pay a fee to file a notice 
of appeal? 

Yes. Unless the court waives this fee, you must pay a fee 
for filing your notice of appeal. You can ask the clerk of 
the court where you are filing the notice of appeal what the 
fee is or look up the fee for an appeal in an unlimited civil 
case in the current Statewide Civil Fee Schedule at www.
courts.ca.gov/7646.htm (see the “Appeal and Writ Related 
Fees” section near the end of the schedule).

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Within 10 days of filing the notice of appeal, the appellant 
must tell the trial court in writing (designate) what 
documents and oral proceedings, if any, to include in the 
record that will be sent to the Court of Appeal. You will 
need to designate all parts of the record that the Court of 
Appeal will need to decide the issues you raised in the 
appeal.  

ou can use Appellant’s Notice Designating Record on 

Appeal (Unlimited Civil Case) (form APP-003) to 
designate the record in an unlimited civil case. You can 
get form APP-003 at any courthouse or county law library 
or online at www.courts.ca.gov/forms.htm.

You must serve and file this notice designating the record 
on appeal within 10 days after you file your notice of 
appeal. “Serving and filing” this notice means that you 
must:

Have somebody over 18 years old mail, deliver, or 
electronically send (serve) the notice to the other party 
or parties in the way required by law. If the notice is 
mailed or personally delivered, it must be by someone 
who is not a party to the case—-so not you.

Make a record that the notice has been served. This 
record is called a “proof of service.” Proof of Service 
(Court of Appeal) (form APP-009) or Proof of 
Electronic Service (Court of Appeal) (form APP-009E) 
can be used to make this record. The proof of service 
must show who served the notice, who was served with 
the notice, how the notice was served (by mail, in 
person, or electronically), and the date the notice was 
served.

Bring or send (by mail or electronically) the original 
notice and the proof of service to the trial court that 
issued the judgment, order, or other decision you are 
appealing. You should make a copy of the notice you 
are planning to file for your own records before you file 
it with the court. Unless you are filing electronically, it 
is a good idea to bring or mail an extra copy of the 
notice to the clerk when you file your original and ask 
the clerk to stamp this copy to show that the original has 
been filed.  

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If you cannot afford to pay the fee, you can ask the court to 
waive it. To do this, you must fill out and file a Request to 
Waive Court Fees (form FW-001). You can get form 
FW-001 at any courthouse or county law library or online 
at www.courts.ca.gov/forms. You can file this application 
either before you file your notice of appeal or with your 
notice of appeal. The court will review this application to 
determine if you are eligible for a fee waiver. 

12

If I file a notice of appeal, do I still have 
to do what the trial court ordered me to 
do? 

Filing a notice of appeal does NOT automatically postpone 
most judgments or orders, such as those requiring you to 
pay another party money, deliver property to another party, 
or comply with child custody or visitation orders (see Code 
of Civil Procedure sections 917.1–917.9 and 1176; you can 
get a copy of these laws at www.leginfo.legislature.ca.gov 
/faces/codes.xhtml). These kinds of judgments or orders 
will be postponed, or “stayed,” only if you request a stay 
and the court grants your request or some other procedure 
authorizes a stay (such as filing a bond in appropriate 
cases).

In most cases, if the trial court denies your request for a 
stay, you can apply to the Court of Appeal for a stay. If you 
do not get a stay and you do not do what the trial court 
ordered you to do, court proceedings to collect the money 
or otherwise enforce the judgment or order may be started 
against you. 

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What do I need to do after I file my notice 
of appeal? 

Within 15 days after the trial court clerk mails a notice that 
a notice of appeal has been filed in an unlimited civil case, 
the appellant must serve and file in the Court of Appeal a 
completed Civil Case Information Statement (form 
APP-004), attaching a copy of the judgment or appealed 
order that shows the date it was entered. See rules 8.100 
and 8.104 of the California Rules of Court.

In addition, since the Court of Appeal justices were not 
there to see what happened in the trial court, an official 
record of what happened must be prepared and sent to the 
Court of Appeal for its review. 

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Clerk’s transcript. If you want any documents 
other than those listed in rule 8.122(b) to be 
included in the clerk’s transcript, you must tell 
the trial court in your notice designating the 
record on appeal. You can use form APP-003 to 
do this. You will need to identify each document 
you want included in the clerk’s transcript by its 
title and filing date or, if you do not know the 
filing date, the date the document was signed.

If you (the appellant) request a clerk’s transcript, 
the respondent also has the right to ask the clerk 
to include additional documents in the clerk’s 
transcript. If this happens, you will be served 
with a notice saying what other documents the 
respondent wants included in the clerk’s 
transcript.

Cost: The appellant is responsible for paying for 
preparing a clerk’s transcript. The trial court clerk 
will send you a bill for the cost of preparing an 
original and one copy of the clerk’s transcript. 

You must do one of the following three things 
within 10 days after the clerk sends this bill or the 
Court of Appeal may dismiss your appeal:

l Pay the bill.

l Ask the trial court to waive the cost because 
you cannot afford to pay. To do this, you 
must fill out and file a Request to Waive 
Court Fees (form FW-001). You can get form 
FW-001 at any courthouse or county law 
library or online at www.courts.ca.gov/forms. 
htm. The trial court will review this 
application to determine if you are eligible for 
a fee waiver.

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Give the trial court a copy of a court order 
showing that your fees in this case have 
already been waived by the court.

Completion and delivery: After the cost of 
preparing the clerk’s transcript has been paid or 
waived, the trial court clerk will compile the 
requested documents into a transcript format and, 
when the record on appeal is complete, will 
forward the original clerk’s transcript to the 
Court of Appeal for filing. The trial court clerk 
will send you a copy of the transcript. If the 
respondent bought a copy, the clerk will also 
send a copy of the transcript to the respondent.

You can get more information about how to serve court 
papers and proof of service from Information Sheet for 
Proof of Service (form APP-009-INFO) and on the 
California Courts Online Self-Help Center at www.courts 
.ca.gov/selfhelp-serving.htm.

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What is the official record of the trial 
court proceedings? 

There are three parts of the official record:

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A record of the documents filed in the trial court (other 
than exhibits);

A record of what was said in the trial court (this is 
called the “oral proceedings”); and

Exhibits that were admitted in evidence, refused, or 
lodged (temporarily placed with the court) in the trial 
court.

Read below for more information about these parts of the 
record. 

a. Record of the documents filed in the trial 

court
The first part of the official record of the trial court 
proceedings is a record of the documents that were 
filed in the trial court. There are three ways in which 
a record of the documents filed in the trial court can 
be prepared for the Court of Appeal:

Read below for more information about these 
options.

(1) Clerk's transcript or appendix

l A clerk’s transcript or an appendix,
The original trial court file, or
An agreed statement.

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Description: A clerk’s transcript is a compilation 
of the documents filed in the trial court that is 
prepared by the trial court clerk. An appendix is a 
compilation of these documents prepared by a 
party. (Cal. Rules of Court, rule 8.124.)
Contents: Certain documents, such as the notice 
of appeal and the trial court judgment or order 
being appealed, must be included in the clerk’s 
transcript or appendix. These documents are 
listed in rule 8.122(b) and rule 8.124(b) of the 
California Rules of Court and in Appellant’s 
Notice Designating Record on Appeal (Unlimited 
Civil Case) (form APP-003). 

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(2) Trial court file

Appendix: If you choose to prepare an appendix of 
the documents filed in the superior court, rather 
than designating a clerk’s transcript, that appendix 
must include all of the documents and be prepared 
in the form required by rule 8.124 of the California 
Rules of Court. The parties may prepare separate 
appendixes or stipulate (agree) to a joint appendix. 
If separate appendixes are prepared, each party 
must pay for its own appendix. If a joint appendix 
is prepared, the parties can agree on how the cost 
of preparing the appendix will be paid or the 
appellant will pay the cost.

The party preparing the appendix must serve the 
appendix on each other party (unless the parties 
have agreed or the Court of Appeal has ordered 
otherwise) and file the appendix in the Court of 
Appeal. The appellant’s appendix or a joint 
appendix must be served and filed with the 
appellant’s opening brief. See        for information 
about the brief. 

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When available: If the Court of Appeal has a local 
rule allowing this, and the parties agree, the clerk 
can send the Court of Appeal the original trial 
court file instead of a clerk’s transcript as a record 
of documents filed in the trial court (see rule 8.128 
of the California Rules of Court).
Cost: As with a clerk’s transcript, the appellant is 
responsible for paying for preparing the trial court 
file. The trial court clerk will send you a bill for 
this preparation cost.  
You must do one of the following things within 
10 days after the clerk sends this bill or the Court 
of Appeal may dismiss your appeal:
l Pay the bill.

l Ask the trial court to waive the cost because 

you cannot afford to pay. To do this, you must 
fill out and file a Request to Waive Court Fees 
(form FW-001). You can get form FW-001 at 
any courthouse or county law library or online 
at www.court.ca.gov/forms. The trial court 
will review this application to determine if 
you are eligible for a fee waiver.
Give the trial court a copy of a court order 
showing that your fees in this case have 
already been waived by the court.

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Completion and delivery: After the cost of 
preparing the trial court file has been paid or 
waived and the record on appeal is complete, the 
trial court clerk will number the pages and send 
the file and a list of the documents in the file to 
the Court of Appeal. The trial court clerk will 
also send a copy of the list of documents to the 
appellant and respondent so that you can put your 
own files of documents from the trial court in the 
correct order and number the pages.

(3)

Agreed statement

Description: An agreed statement is a summary 
of the trial court proceedings agreed to by the 
parties. (See rule 8.134 of the California Rules of 
Court.)
When available: If the trial court proceedings 
were not recorded by a court reporter or if you do 
not want to use that option, you can choose 
(elect) to use an agreed statement as the record of 
the oral proceedings. Please note that it may take 
more of your time to prepare an agreed statement 
than to use a reporter’s transcript, if it is 
available.

Contents: An agreed statement must explain 
what the trial court case was about, describe why 
the Court of Appeal is the right court to consider 
an appeal in this case (why the Court of Appeal 
has “jurisdiction”), and describe the rulings of the 
trial court relating to the points to be raised on 
appeal. 

The statement should include only those facts 
that you and the other parties think are needed to 
decide the appeal.

Preparation: If you elect to use this option, you 
must file either (1) an agreed statement or (2) a 
written agreement (called a “stipulation”) that the 
parties are trying to agree on a statement, along 
with your notice designating the record on 
appeal. If you file the stipulation and the parties 
agree on a statement, you must file the statement 
within 40 days after filing the notice of appeal. If 
you file the stipulation and the parties cannot 
agree on the statement, you must file a new notice
designating the record within 50 days after filing 
the notice of appeal.

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b.

Record of what was said in the trial court 
(the “oral proceedings”)

There are three ways in which a record of the oral 
proceedings can be prepared for the Court of Appeal:

Important! The type of record of the oral 
proceedings that you choose, including a 
reporter's transcript or a settled statement, 
should be carefully considered, as it may affect 
your appeal. You should consult with a lawyer to 
determine the best option in your case.

The second part of the official record of the trial 
court proceedings is a record of what was said in the 
trial court (this is called a record of the “oral 
proceedings”). You do not have to send the Court of 
Appeal a record of the oral proceedings. But if you 
want to raise any issue in your appeal that would 
require the Court of Appeal to consider what was 
said in the trial court, the Court of Appeal will need a 
record of those oral proceedings. For example, if you 
are claiming that there was not substantial evidence 
supporting the judgment, order, or other decision you 
are appealing, the Court of Appeal will presume 
there was substantial evidence unless it has a record 
of the oral proceedings.

You are responsible for deciding how the record of 
the oral proceedings will be provided and, depending 
on what option you select and your circumstances, 
you may also be responsible for paying for preparing 
this record or for preparing an initial draft of the 
record. If you do not take care of these 
responsibilities, a record of the oral proceedings in 
the trial court will not be prepared and sent to the 
Court of Appeal. If the Court of Appeal does not 
receive this record, you may forfeit your 
arguments on appeal, or the Court of Appeal may 
make presumptions in favor of the judgment or 
order.

In an unlimited civil case, you can use Appellant’s 
Notice Designating Record on Appeal (Unlimited 
Civil Case) (form APP-003) to tell the trial court 
whether you want a record of the oral proceedings 
and, if so, the form of the record that you want to 
use. You can get form APP-003 at any courthouse or 
county law library or online at  www.courts.ca.gov 
/forms. 

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If you or the other party arranged to have a court 
reporter present during the trial court 
proceedings, the reporter can prepare a record, 
called a “reporter’s transcript.”

You can use an agreed statement.

You can use a settled statement. 

Read below for more information about these 
options.

(1)

Reporter’s transcript

Description: A reporter’s transcript is a written 
record (sometimes called a “verbatim” record) of 
the oral proceedings in the trial court prepared by 
a court reporter. Rule 8.130 of the California 
Rules of Court establishes the requirements for 
reporter's transcripts.

When available: If a court reporter was present 
in the trial court and made a record of the oral 
proceedings, you can choose (elect) to have the 
court reporter prepare a reporter’s transcript for 
the Court of Appeal. But a court reporter might 
not have been present unless you or another party 
in your case had made specific arrangements to 
have a court reporter present. If you are unsure, 
check with the trial court to see if a court reporter 
made a record of the oral proceedings in your 
case before choosing this option.

Contents: If you elect to use a reporter’s 
transcript, you must identify by date (this is 
called “designating”) what proceedings you want 
to be included in the reporter’s transcript. You 
can use the same form you used to tell the court 
you wanted to use a reporter’s transcript—
Appellant’s Notice Designating Record on 
Appeal (Unlimited Civil Case) (form APP-003)—
to do this. 

If you elect to use a reporter’s transcript, the 
respondent also has the right to designate 
additional proceedings to be included in the 
reporter’s transcript. If you elect to proceed 

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without a reporter’s transcript, however, the 
respondent may not designate a reporter’s 
transcript without first getting an order from the 
Court of Appeal.

Cost: The appellant is responsible for paying for 
preparing a reporter’s transcript. The trial court 
clerk or the court reporter will notify you of the 
cost of preparing an original and one copy of the 
reporter’s transcript. You must deposit payment 
for this cost (and a fee for the trial court) or one 
of the substitutes allowed by rule 8.130 with the 
trial court clerk within 10 days after this notice is 
sent. (See rule 8.130 for more information about 
this deposit and the permissible substitutes, such 
as a waiver of this deposit signed by the court 
reporter.)

Unlike the fee for filing the notice of appeal and 
the costs for preparing a clerk’s transcript, the 
court cannot waive the fee for preparing a 
reporter’s transcript. Money from a special fund, 
called the Transcript Reimbursement Fund, may 
be available to help you pay for the transcript. 
You can get information about this fund at 
www.courtreportersboard.ca.gov/consumers 
/index.shtml#rtf.

If you are unable to pay the cost of a reporter’s 
transcript, a record of the oral proceedings can be 
prepared in other ways, by using an agreed 
statement or a settled statement, which are 
described below.

Completion and delivery: After the cost of 
preparing the reporter’s transcript or a 
permissible substitute has been deposited, the 
court reporter will prepare the transcript and 
submit it to the trial court clerk. When the record 
is complete, the trial court clerk will submit the 
original transcript to the Court of Appeal and 
send you a copy of the transcript. If the 
respondent has purchased it, a copy of the 
reporter’s transcript will also be mailed to the 
respondent.

(2)

Agreed statement

Description: An agreed statement is a written 
summary of the trial court proceedings agreed to 
by all the parties. See rule 8.134 of the California 
Rules of Court.

When available: If the trial court proceedings 
were not recorded by a court reporter or if you do 
not want to use that option, you can choose 
(elect) to use an agreed statement as the record of 
the oral proceedings. Please note that it may take 
more of your time to prepare an agreed statement 
than to use a reporter’s transcript, if it is 
available.

Contents: An agreed statement must explain 
what the trial court case was about, describe why 
the Court of Appeal is the right court to consider 
an appeal in this case (why the Court of Appeal 
has “jurisdiction”), and describe the rulings of the 
trial court relating to the points to be raised on 
appeal. 

The statement should include only those facts 
that you and the other parties think are needed to 
decide the appeal.

Preparation: If you elect to use this option, you 
must file either (1) an agreed statement or (2) a 
written agreement (called a “stipulation”) that the 
parties are trying to agree on a statement, along 
with your notice designating the record on 
appeal. If you file the stipulation and the parties 
agree on a statement, you must file the statement 
within 40 days after filing the notice of appeal. If 
you file the stipulation and the parties cannot 
agree on the statement, you must file a new notice
designating the record within 50 days after filing 
the notice of appeal.

(3)

Settled statement

Description: A settled statement is a summary of 
the trial court proceedings that is approved by the 
trial court judge who conducted those 
proceedings (the term “judge” includes 
commissioners, referees, hearing officers, and 
temporary judges). 

When available: Under rule 8.137 of the 
California Rules of Court, you can choose (elect) 
to use a settled statement as the record of the oral 

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proceedings if (1) the trial court proceedings 
were not recorded by a court reporter or (2) if you 
have an order waiving your court fees and costs. 
Please note that it may take more of your time to 
prepare a settled statement than to use a 
reporter’s transcript, if it is available. 

If you want to use a settled statement as the 
record of the oral proceedings for reasons other 
than the two previously mentioned, you must file 
a motion to ask the trial court for an order. You 
may use Appellant’s Motion to Use a Settled 
Statement (Unlimited Civil Case) (form 
APP-025) for this purpose. Read rule 8.137 about 
the requirements of your motion or request for 
order.

Contents: A settled statement must include:

l A statement of the points you (the appellant) 

are raising on appeal; 

l A condensed narrative of the oral proceedings 
that you specified in the notice designating 
the record on appeal or motion. The 
condensed narrative is a summary of the 
testimony of each witness and other evidence 
that is relevant to the issues you are raising on 
appeal; and

Preparing a proposed settled statement: If you 
elect to use a settled statement, you must prepare 
a proposed settled statement. You may use 
Appellant’s Proposed Settled Statement 
(Unlimited Civil Case) (form APP-014) to 
prepare your proposed statement. You can get the 
form at any courthouse or county law library or 
online at www.courts.ca.gov/forms.

(See rule 8.137 of the California Rules of Court 
for more information about what must be 
included in a settled statement and the procedures 
for preparing a statement. You can get a copy of 
this rule at any courthouse or county law library 
or online at www.courts.ca.gov/rules.)

l

A copy of the judgment or order you are 
appealing attached to the settled statement.

l

Serving and filing a proposed settled statement: 
You must serve and file the proposed statement 
within 30 days after filing your notice electing to 
use a settled statement or within 30 days after the 
trial court clerk sends, or a party serves, the order 
granting the motion to use a settled statement. 
“Serve and file” means that you must: 

l Have somebody over 18 years old mail, 
deliver, or electronically send (serve) the 
proposed settled statement to the respondent 
in the way required by law. If the proposed 
statement is mailed or personally delivered, it 
must be by someone who is not a party to the 
case—so not you.

l Make a record that the proposed settled 

statement has been served. This record is 
called a “proof of service.” Proof of Service 
(Court of Appeal) (form APP-009) or Proof 
of Electronic Service (Court of Appeal) (form 
APP-009E) can be used to make this record. 
The proof of service must show who served 
the proposed statement, who was served with 
the proposed statement, how the proposed 
statement was served (by mail, in person, or 
electronically), and the date the proposed 
statement was served.

File the original proposed settled statement 
and the proof of service with the trial court. 
You should make a copy of the proposed 
statement you are planning to file for your 
own records before you file it with the court. 
Unless you are filing electronically, it is a 
good idea to bring or mail an extra copy of 
the proposed statement to the clerk when you 
file your original and ask the clerk to stamp 
this copy to show that the original has been 
filed.

You can get more information about how to serve 
court papers and proof of service from 
Information Sheet for Proof of Service (form 
APP-009-INFO) and on the California Courts 
Online Self-Help Center at www.courts.ca.gov 
/selfhelp-serving.htm.

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Respondent’s review: The respondent has 20 days 
from the date you serve your proposed settled 
statement to serve and file either:

l Proposed changes (called “amendments”) to 

the proposed statement; or

l

If the oral proceedings in the trial court were 
reported by a court reporter, a notice 
indicating that the respondent is electing to 
provide a reporter’s transcript instead of 
proceeding with a settled statement.

Review of appellant’s proposed settled 
statement: If the respondent proposes changes, 
the trial court judge then reviews both your 
proposed statement and the respondent’s 
proposed amendments. The trial judge will either 
make or order you (the appellant) to make any 
corrections or modifications to the statement that 
are needed to make sure that the statement 
provides an accurate summary of the testimony 
and other evidence relevant to the issues you 
indicated you are raising on appeal. For more 
information, see rule 8.137(f) of the California 
Rules of Court. See also rule 8.140, which 
explains the consequences for a party’s failure to 
make corrections that are ordered to be made to 
the proposed statement. 

Request for hearing to review proposed settled 
statement: No later than 10 days after the 
respondent files proposed amendments, or the 
time to do so has expired, a party may request a 
hearing to review and correct the proposed 
statement. No hearing will be held unless ordered 
by the trial court judge. A judge will not 
ordinarily order a hearing unless there is a factual 
dispute about a material aspect of the trial court 
proceeding. If there is a hearing, see rule 8.137 
for more information.

Additional review procedures: If there is no 
hearing after the respondent proposes changes to 
the settled statement, and if the judge makes any

corrections or modifications to the proposed 
statement, the corrected or modified statement 
will be sent to you and the respondent for your 
review. 

If the judge orders you to make any corrections 
or modifications to the proposed statement, you 
must serve and file the corrected or modified 
statement within the time ordered by the judge. 
See rule 8.140, which explains the consequences 
for a party’s failure to make corrections to the 
proposed statement. 

If you or the respondent disagree with anything in 
the modified or corrected statement, you have 10 
days from the date the modified or corrected 
statement is sent to you to serve and file proposed 
amendments or objections to the statement. The 
judge then reviews the modified or corrected 
statement and any proposed modifications. If the 
judge decides that further corrections or 
modifications are necessary, the review process 
described above takes place again.

Completion and certification: If the judge does 
not order any corrections or modifications to the 
proposed statement, the judge must promptly 
certify the statement as an accurate summary of 
the evidence and testimony of each witness 
relevant to the issues you indicated you are 
raising on appeal.

Alternatively, the parties may serve and file a 
stipulation (agreement) that the statement as 
originally served or corrected or modified is 
correct. Such a stipulation is equivalent to the 
judge’s certification of the statement.

Sending settled statement to the Court of 
Appeal: Once the trial court judge certifies the 
statement or the trial court receives the parties’ 
stipulation, the trial court clerk will send the 
statement to the Court of Appeal as required 
under rule 8.150 of the California Rules of Court.

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c.

Exhibits

The third part of the official record of the trial court 
proceeding is the exhibits, such as photographs, 
documents, or other items that were admitted in 
evidence, refused, or lodged (temporarily placed with 
the court) in the trial court. Exhibits are considered 
part of the record on appeal, but the clerk will not 
include any exhibits in the clerk’s transcript unless 
you ask that they be included in your notice 
designating the record on appeal. Appellant’s Notice 
Designating Record on Appeal (Unlimited Civil 
Case) (form APP-003) includes a space for you to 
make this request. 

You also can ask the trial court to send original 
exhibits to the Court of Appeal at the time briefs are 
filed. (See rule 8.224 for more information about this 
procedure and see below for information about 
briefs.)

Sometimes, the trial court returns an exhibit to a 
party at the end of the trial. If the trial court returned 
an exhibit to you or another party and you or the 
other party ask for that exhibit to be included in the 
clerk’s transcript or sent to the Court of Appeal, the 
party who has the exhibit must deliver that exhibit to 
the trial court clerk as soon as possible.

15 What happens after the official record 

has been prepared?  

As soon as the record on appeal is complete, the clerk of 
the trial court will send it to the Court of Appeal for the 
district in which the trial court is located. When the Court 
of Appeal receives the record, it will send you a notice 
telling you when you must file your brief in the Court of 
Appeal. 

16 What is a brief? 

Description: A “brief” is a party’s written description of 
the facts in the case, the law that applies, and the party’s 
argument about the issues being appealed. If you are 
represented by a lawyer in your appeal, your lawyer will 
prepare your brief. If you are not represented by a lawyer, 
you will have to prepare your brief yourself.  

You should read rules 8.200–8.224 of the California Rules 
of Court, which set out the requirements for preparing, 
serving, and filing briefs in unlimited civil appeals, 
including requirements for the format and length of these 
briefs. You can get copies of these rules at any courthouse 
or county law library or online at www.courts.ca.gov/rules 
.htm.

Contents and format of briefs: If you are the appellant, 
your brief, called an “appellant’s opening brief,” must 
clearly explain the legal errors you believe were made in 
the trial court. Your brief must refer to the exact places in 
the clerk’s transcript and the reporter’s transcript (or the 
other forms of the record you are using) that support your 
argument. Each brief must be no longer than 14,000 words 
if produced on a computer, including footnotes. A brief 
produced on a typewriter must not be longer than 50 pages. 
The brief must contain a table of contents and a table of 
authorities. The cover of appellant’s opening brief filed in 
paper form must be green. For other content and formatting 
requirements for the brief, read rules 8.40 and 8.204 of the 
California Rules of Court.

Remember that an appeal is not a new trial. The Court of 
Appeal will not consider new evidence, such as new 
exhibits or the testimony of new witnesses, so do not 
include any new evidence in your brief.

Serving and filing: You must serve and file your opening 
brief within 40 days after the record is filed in the Court of 
Appeal or 70 days from the date the appellant chooses to 
proceed with no reporter’s transcript under rule 8.124. 
“Serve and file” means that you must: 

l

l

Have somebody over 18 years old mail, personally 
deliver, or electronically send (serve) the brief to the 
other parties in the way required by law. If the brief is 
mailed or personally delivered, it must be by someone 
who is not a party to the case—so not you.

Make a record that the brief has been served. This 
record is called a “proof of service.” Proof of Service 
(Court of Appeal) (form APP-009) or Proof of 
Electronic Service (Court of Appeal) (form APP-009E) 
can be used to make this record. The proof of service 
must show who served the brief, who was served with 
the brief, how the brief was served (by mail, in person, 
or electronically), and the date the brief was served.

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l

l

File the original brief and the proof of service with the 
Court of Appeal. You should make a copy of the brief 
you are planning to file for your own records before you 
file it with the court. Unless you are filing 
electronically, it is a good idea to bring or mail an extra 
copy of the brief to the clerk when you file your original 
and ask the clerk to stamp this copy to show that the 
original has been filed.

Note: If a party chooses to prepare an appendix of the 
documents filed in the trial court instead of designating 
a clerk’s transcript, the appellant’s appendix or a joint 
appendix must be served and filed with the appellant’s 
opening brief.

You can get more information about how to serve court 
papers and proof of service from Information Sheet for 
Proof of Service (Court of Appeal) (form APP-009-INFO) 
and on the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-serving.htm.

You and the other parties can agree (stipulate) to extend the 
time for filing this brief by up to 60 days (see rule 8.212(b) 
for requirements for these agreements). You can also apply 
to the presiding justice of the Court of Appeal to extend the 
time for filing this brief if you can show good cause for an 
extension (see rule 8.63 for information about extensions 
of time). You can use Application for Extension of Time to 
File Brief (Civil Case) (form APP-006) to ask the court for 
an extension.

If you do not file your brief by the deadline set by the 
Court of Appeal, the court may dismiss your appeal. 

17 What happens after I file my brief?  

Within 30 days after you serve and file your brief, the 
respondent must respond by serving and filing a 
respondent’s brief.  Within 20 days after the respondent’s 
brief was filed, you may, but are not required to, file 
another brief replying to the respondent’s brief. This is 
called a “reply brief.” 

18 What happens after all the briefs  

have been filed?  

After all the briefs have been filed or the time to file them 
has passed, the Court of Appeal will contact you to tell you 
the date for oral argument in your case or ask if you want 
to participate in oral argument.

19 What is “oral argument”?

“Oral argument” is not a chance to present new evidence. 
Instead, it is a chance to orally explain the arguments you 
made in your brief to the Court of Appeal justices. You do 
not have to participate in oral argument if you do not want 
to; you can notify the Court of Appeal that you want to 
“waive” oral argument. If all parties waive oral argument, 
the justices will decide your appeal based on the briefs and 
the appellate record. But if any party requests oral 
argument, the Court of Appeal will hold oral argument. 

If you choose to participate in oral argument, you will have 
a limited amount of time as set by the court. 

Remember that the justices will have already read the 
briefs, so you do not need to read your brief to the justices 
or merely repeat the information in it. It is more helpful to 
tell the justices what you think is most important in your 
appeal or ask the justices if they have any questions you 
could answer. 

You can find more information about oral argument in 
appeals cases in rule 8.256 of the California Rules of 
Court and online at www.courts.ca.gov/12421.htm.

20 What happens after oral argument?  

After oral argument is held or waived, the justices of the 
Court of Appeal will make a decision about your appeal. 
The clerk of the court will mail you a notice of the Court of 
Appeal’s decision.

21 What should I do if I want to give up my 

appeal? 

If you do not want to continue with your appeal, you must 
notify the court. If the record has not yet been filed in the 
Court of Appeal, file Abandonment of Appeal (Unlimited 
Civil Case) (form APP-005) in the superior court. 

If the record has already been filed in the Court of Appeal, 
file Request for Dismissal of Appeal (Civil Case) (form 
APP-007) in the Court of Appeal.

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INFORMATION FOR THE RESPONDENT

This part of this information sheet is written for the 
respondent—the party responding to an appeal filed by 
another party. It explains some of the rules and procedures 
relating to responding to an appeal in an unlimited civil 
case. The information may also be helpful to the appellant.  

22 I have received a notice of appeal from 

another party. Do I need to do anything? 

You do not have to do anything, but there may be 
consequences if you do nothing. The notice of appeal 
simply tells you that another party is appealing the trial 
court’s decision. However, this would be a good time to get 
advice from a lawyer, if you want it. You do not have to 
have a lawyer; if you are an individual (not a corporation, 
for example), you are allowed to represent yourself in an 
appeal in an unlimited civil case. But appeals can be 
complicated and you will have to follow the same rules that 
lawyers have to follow. 

If you have any questions about the appeal procedures, you 
should talk to a lawyer. You must hire your own lawyer if 
you want one. You can get information about finding a 
lawyer on the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-lowcosthelp.htm.

24 Is there a deadline to file a  

cross-appeal?

Yes. You must serve and file your notice of appeal within 
either the regular time for filing a notice of appeal 
(generally 60 days after service of Notice of Entry of the 
judgment or a file-stamped copy of the judgment) or within 
20 days after the clerk of the trial court serves notice of the 
first appeal, whichever is later.

25 I have received a notice designating the 

record on appeal from another party. Do I 
need to do anything?

You do not have to do anything, but there may be 
consequences if you do nothing. A notice designating the 
record on appeal lets you know what kind of official record 
the appellant has asked to be sent to the Court of Appeal. 
Depending on the kind of record chosen by the appellant, 
however, you may have the option to:

l

l

l

Add to what is included in the record;

Participate in preparing the record; or

Ask for a copy of the record.

Look at the appellant’s notice designating the record on 
appeal to see what kind of record the appellant has chosen 
and read about that form of the record in the response to 
question       above. Then read below for what your options 
are when the appellant has chosen that form of the record.

14

23 If the other party appealed, can I appeal, 

a.

Clerk's transcript or appendix

too?

Yes. Even if another party has already appealed, you may 
still appeal the same judgment or order. This is called a 
“cross-appeal.” To cross-appeal, you must serve and file a 
notice of appeal. You can use Notice of Appeal/Cross-
Appeal (Unlimited Civil Case) (form APP-002) to file this 
notice in an unlimited civil case. Please read the 
information for appellants about filing a notice of appeal, 
starting on page 3 of this information sheet, if you are 
considering filing a cross-appeal. 

Clerk’s transcript: If the appellant is using a clerk’s 
transcript, you have the option of asking the clerk to 
include additional documents in the clerk's transcript. 
To do this, within 10 days after the appellant serves 
its notice designating the record on appeal, you must 
serve and file a notice designating additional 
documents to be included in the clerk’s transcript. 
You may use Respondent’s Notice Designating 
Record on Appeal (Unlimited Civil Case) (form 
APP-010) for this purpose. 

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Whether or not you ask for additional documents to 
be included in the clerk’s transcript, you must pay a 
fee if you want a copy of the clerk’s transcript. The 
trial court clerk will send you a notice indicating the 
cost for a copy of the clerk’s transcript. If you want a 
copy, you must deposit this amount with the court 
within 10 days after the clerk’s notice was sent. 

If you cannot afford to pay this cost, you can ask the 
trial court to waive it. To do this, you must fill out 
and file a Request to Waive Court Fees (form 
FW-001). You can get form FW-001 at any 
courthouse or county law library or online at www.
courts.ca.gov/forms. The trial court will review this 
application and determine if you are eligible for a fee 
waiver. The clerk will not prepare a copy of the 
clerk’s transcript for you unless you deposit payment 
for the cost or obtain a fee waiver.

Appendix: If the appellant is using an appendix, and 
you and the appellant have not agreed to a joint 
appendix, you may prepare a separate respondent’s 
appendix. See pages 5–6 for more information about 
preparing an appendix.

b.

Reporter's transcript

If the appellant is using a reporter’s transcript, you 
have the option of asking for additional proceedings 
to be included in the reporter’s transcript. To do this, 
within 10 days after the appellant files its notice 
designating the record on appeal, you must serve and 
file a notice designating additional proceedings to be 
included in the reporter’s transcript. You may use 
Respondent’s Notice Designating Record on Appeal 
(Unlimited Civil Case) (form APP-010) for this 
purpose.

Whether or not you ask for additional proceedings to 
be included in the reporter’s transcript, you must 
generally pay a fee if you want a copy of the 
reporter’s transcript. The trial court clerk or reporter 
will send you a notice indicating the cost of 
preparing a copy of the reporter’s transcript. If you 
want a copy of the reporter's transcript, you must 
deposit payment for this cost (and a fee for the trial 
court) or one of the substitutes allowed by rule 8.130

with the trial court clerk within 10 calendar days 
after this notice is sent. (See rule 8.130 for more 
information about this deposit and the permissible 
substitutes, such as a waiver of this deposit signed by 
the court reporter.) 

Unlike the fee for preparing a clerk’s transcript, the 
court cannot waive the fee for preparing a reporter’s 
transcript. Money from a special fund, called the 
Transcript Reimbursement Fund, may be available to 
help you pay for the transcript. You can get 
information about this fund at  
www.courtreportersboard.ca.gov/consumers/index.
shtml#trf. 

The reporter will not prepare a copy of the reporter's 
transcript for you unless you deposit the cost of the 
transcript, or provide one of the permissible 
substitutes, or your application for payment by the 
Transcript Reimbursement Fund is approved.

c.

Agreed statement

If you and the appellant agree to prepare an agreed 
statement (a summary of the trial court proceedings 
that is agreed to by the parties), you and the appellant 
will need to reach an agreement on that statement 
within 40 days after the appellant files its notice of 
appeal. See rule 8.134 of the California Rules of 
Court.

d.

Settled statement

If the appellant elects to use a settled statement (a 
summary of the trial court proceedings that is 
approved by the trial court), the appellant will send 
you a proposed settled statement to review. You will 
have 20 days from the date the appellant served you 
this proposed statement to serve and file either:

l

Suggested changes (called “amendments”) that 
you think are needed to make sure that the settled 
statement provides an accurate summary of the 
evidence and testimony of each witness relevant 
to the issues the appellant is raising on appeal 
(see page 10 of this form and rule 8.137(e)–(h) 
for more information about the amendment 
process); or

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If the oral proceedings in the trial court were 
reported by a court reporter, a notice indicating 
that you are choosing to provide a reporter’s 
transcript, at your expense, instead of proceeding 
with a settled statement (see rule 8.137(e)(2) for 
the requirements for choosing to provide a 
reporter’s transcript).

Have somebody over 18 years old mail, personally 
deliver, or electronically send (serve) the proposed 
amendments to the appellant in the way required by 
law. If the proposed amendments are mailed or 
personally delivered, it must be by someone who is 
not a party to the case—so not you.

Make a record that the proposed amendments 
have been served. This record is called a “proof 
of service.” Proof of Service (Court of Appeal) 
(form APP-009) or Proof of Electronic Service 
(Court of Appeal) (form APP-009E) can be used 
to make this record. The proof of service must 
show who served the proposed amendments, who 
was served with the proposed amendments, how 
the proposed amendments were served (by mail, 
in person, or electronically), and the date the 
proposed amendments were served.

l

l

l

File the original proposed amendments and the 
proof of service with the trial court. You should 
make a copy of the proposed amendments you 
are planning to file for your own records before 
you file them with the court. Unless you are filing 
electronically, it is a good idea to bring or mail an 
extra copy of the proposed amendments to the 
clerk when you file your original and ask the 
clerk to stamp this copy to show that the original 
has been filed. 

l

l

You can get more information about how to serve 
court papers and proof of service from Information 
Sheet for Proof of Service (Court of Appeal (form 
APP-009-INFO) and on the California Courts Online 
Self-Help Center at www.courts.ca.gov/selfhelp-
serving.htm.

26 What happens after the official record 

has been prepared? 

As soon as the record on appeal is complete, the clerk of 
the trial court will send it to the Court of Appeal. When the 
Court of Appeal receives this record, it will send you a 
notice telling you when you must file your brief in the 
Court of Appeal.

A brief is a party’s written description of the facts in the 
case, the law that applies, and the party's argument about 
the issues being appealed. If you are represented by a 
lawyer, your lawyer will prepare your brief. If you are not 
represented by a lawyer in your appeal, you will have to 
prepare your brief yourself. 

You should read rules 8.200–8.224 of the California Rules 
of Court, which set out the requirements for preparing, 
serving, and filing briefs in unlimited civil appeals, 
including requirements for the format and length of these 
briefs. You can get these rules at any courthouse or county 
law library or online at www.courts.ca.gov/rules.htm.

The appellant serves and files the first brief, called an 
“appellant’s opening brief.” You must respond by serving 
and filing a “respondent’s brief” within 30 days after the 
appellant’s opening brief is filed. “Serve and file” means 
that you must:

Have somebody over 18 years old mail, personally 
deliver, or electronically send (serve) the brief to the 
other parties in the way required by law. If the brief is 
mailed or personally delivered, it must be by someone 
who is not a party to the case—so not you.

Make a record that the brief has been served. This 
record is called a “proof of service.” Proof of Service 
(Court of Appeal) (form APP-009) or Proof of 
Electronic Service (Court of Appeal) (form APP-009E) 
can be used to make this record. 

The proof of service must show who served the brief, who 
was served with the brief, how the brief was served (by 
mail, in person, or electronically), and the date the brief 
was served.

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28 What is “oral argument”?

“Oral argument” is not a chance to present new evidence. 
Instead, it is a chance to orally explain the arguments you 
made in your brief to the Court of Appeal justices. You do 
not have to participate in oral argument if you do not want 
to; you can notify the Court of Appeal that you want to 
“waive” oral argument. If all parties waive oral argument, 
the justices will decide your appeal based on the briefs and 
the appellate record. But if any party requests oral 
argument, the Court of Appeal will hold oral argument. 

If you choose to participate in oral argument, you will have 
a limited amount of time as set by the court. 

Remember that the justices will have already read the 
briefs, so you do not need to read your brief to the justices 
or merely repeat the information in it. It is more helpful to 
tell the justices what you think is most important in your 
appeal or ask the justices if they have any questions you 
could answer. 

You can find more information about oral argument in 
appeals cases in rule 8.256 of the California Rules of 
Court and online at www.courts.ca.gov/12421.htm.

29 What happens after oral argument?  

After oral argument is held or waived, the justices of the 
Court of Appeal will make a decision about your appeal. 
The clerk of the court will mail you a notice of the Court of 
Appeal’s decision.

l

File the original brief and the proof of service with the 
Court of Appeal. You should make a copy of the brief 
you are planning to file for your own records before you 
file it with the court. Unless you are filing 
electronically, it is a good idea to bring or mail an extra 
copy of the brief to the clerk when you file your original 
and ask the clerk to stamp this copy to show that the 
original has been filed.

You can get more information about how to serve court 
papers and proof of service from Information Sheet for 
Proof of Service (Court of Appeal) (form APP-009-INFO) 
and on the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-serving.htm.

You and the other parties can agree (stipulate) to extend the 
time for filing this brief by up to 60 days (see rule 8.212(b) 
for requirements for these agreements). You can also apply 
to the presiding justice of the Court of Appeal to extend the 
time for filing this brief if you can show good cause for an 
extension. You can use Application for Extension of Time 
to File Brief (Unlimited Civil Case) (form APP-006) to ask 
the court for an extension.

If you do not file a respondent’s brief, the appellant does 
not automatically win the appeal. The court will decide the 
appeal on the record, the appellant’s brief, and any oral 
argument by the appellant. Remember that an appeal is not 
a new trial. The Court of Appeal will not consider new 
evidence, such as new exhibits or the testimony of new 
witnesses, so do not include any new evidence in your 
brief.

If you file a respondent’s brief, the appellant then has an 
opportunity to serve and file another brief within 20 days to 
reply to your brief.

27 What happens after all the briefs  

have been filed?  

After all the briefs have been filed or the time to file them 
has passed, the Court of Appeal will contact you to tell you 
the date for oral argument in your case or ask if you want 
to participate in oral argument.

New January 1, 2019

Information on Appeal Procedures 
for Unlimited Civil Cases 

APP-001-INFO,  Page 16 of 16