Here is the text we could read:
CR-138
Notice of Waiver of Oral Argument
(Misdemeanor)
Clerk stamps date here when form is filed.
This form is only for requesting to waive (give up) oral argument in a
misdemeanor case.
Before you fill out this form, read Information on Appeal Procedures for
Misdemeanors (form CR-131-INFO) to know your rights and
responsibilities. You can get form CR-131-INFO at any courthouse, or
county law library, or online at www.courts.ca.gov/forms.htm.
Fill out this form and make a copy of the completed form for your records.
Take or mail the completed form to the appellate division clerk’s office. It is
a good idea to take or mail an extra copy to the clerk and ask the clerk to
stamp it to show that the original has been filed.
•
•
• •
Instructions
You fill in the name and street address of the court
that issued the judgment or order you are
appealing:
Superior Court of California, County of
You fill in the number and name of the trial court
case in which you are appealing the judgment or
order:
Trial Court Case Number:
Trial Court Case Name:
The People of the State of California v.
You fill in the appellate division case number (if
you know it):
Appellate Division Case Number:
City
City
City
City
State
Zip
State
Zip
State
Zip
State
Zip
1
Your Information
a.
Name of party requesting to waive oral argument:
Street address:
Mailing address (if different):
Street
Phone:
Street
Email:
Name:
Street address:
Mailing address (if different):
Street
Phone:
Fax:
Street
Email:
b.
Party’s lawyer (skip this if the court has permitted you to represent yourself in this appeal):
State Bar number:
Judicial Council of California, www.courts.ca.gov
New January 1, 2020, Optional Form
Cal. Rules of Court, rule 8.885
Notice of Waiver of Oral Argument
(Misdemeanor)
CR-138, Page 1 of 2
Appellate Division
Case Name:
Appellate Division Case Number:
NOTICE
Except in cases that raise no arguable issues under People v. Wende (1979) 25 Cal.3d 436, in all misdemeanor
appeals, the court schedules oral argument. Parties may waive oral argument by filing a notice of waiver of oral
argument within 7 days after the notice of oral argument is sent.
f all parties in the case waive oral argument, the court may vacate the oral argument and take it off the calendar. If
the court vacates oral argument, you will receive notification from the court.
f not all parties waive oral argument, or if the court does not accept the waiver request, the court will not vacate oral
argument and it will remain on the court's calendar. All parties will be able to participate in the oral argument,
including any parties who previously requested a waiver.
2
Request to Waive Oral Argument (check (a) or (b)):
I am the appellant's attorney. I have read this form and I am requesting to waive oral argument. I
understand that by signing this form, I am waiving the opportunity to appear in court and argue the case
on behalf of my client. I have informed my client that I am waiving oral argument. I also understand that
if all parties waive oral argument and the court accepts the waiver and takes the oral argument off the
calendar, the court will decide the appeal based on the briefs and the record that were submitted.
The appellate division has permitted me to represent myself in this appeal. I have read this form and I am
requesting to waive oral argument. I understand that by signing this form, I am waiving (giving up)
the opportunity to appear in court and argue the case. I also understand that if all parties waive oral
argument and the court accepts the waiver and takes the oral argument off the calendar, the court will
decide the appeal based on the briefs and the record that were submitted.
I
I
a.
b.
Date:
Type or print your name
Signature of party or attorney
New January 1, 2020
Notice of Waiver of Oral Argument
(Misdemeanor)
CR-138, Page 2 of 2
Notice of Waiver of Oral Argument (Misdemeanor)
This info page is part of the LIT Lab's Form Explorer project. It is not associated with the California state courts.
To learn more about the project, check out our about page.
Downloads: You can download both the original form (last checked 2023-03)
and the machine-processed form with normalized data fields.
About This Form:
- Sourced from selfhelp.courts.ca.gov (2023-03)
- Page(s): 2
- Fields(s): 34
- Average fields per page: 17
- Reading Level: Grade 8
- LIST Grouping(s):
CO-00-00-00-00, CO-07-00-00-00.
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Identified Data Fields:
We have done our best to automaticly identify and name form fields according to our naming conventions.
When possible, we've used names tied to our question library. See e.g., user1_name.
If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.
Here are the fields we could identify.
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We've done our best to group similar variables togther to avoid overwhelming the user.
Suggested Screen 0:
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Suggested Screen 1:
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Suggested Screen 2:
r_page_appellant_lawyer_state_numberc_r_page_appellant_lawyer_statec_r_page_lawyer_statec_r_page_appellant_lawyer_phonec_r_page_appellant_lawyer_email
Suggested Screen 3:
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Suggested Screen 4:
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Suggested Screen 5:
c_r_page_app_div_case_namec_r_page_app_div_case_number
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