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The California Notice App 002 form serves as a critical document in the appeals process for unlimited civil cases. It is designed for use by attorneys or parties representing themselves, ensuring that essential information is clearly communicated to the court and opposing parties. The form requires details such as the names and contact information of the parties involved, the case number, and the specific judgment or order being appealed. Additionally, it includes sections for cross-appeals, allowing for the efficient management of multiple appeals stemming from the same case. Proper completion of this form is essential, as it must be filed with the superior court rather than the Court of Appeal, and a copy must be served to all relevant parties. This process ensures that all involved are informed of the appeal and can respond accordingly. Adherence to these procedural requirements is crucial for the appeal's validity, making the APP-002 form a foundational element in navigating the complexities of the legal system in California.

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APP-002

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

 

FOR COURT USE ONLY

 

 

 

 

 

 

NAME:

 

 

 

 

FIRM NAME:

 

 

 

 

STREET ADDRESS:

 

 

 

 

CITY:

STATE:

ZIP CODE:

 

TELEPHONE NO.:

FAX NO.:

 

 

E-MAIL ADDRESS:

 

 

 

 

ATTORNEY FOR (name):

 

 

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

 

STREET ADDRESS:

 

 

 

 

MAILING ADDRESS:

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

PLAINTIFF/PETITIONER:

 

 

 

 

DEFENDANT/RESPONDENT:

 

 

 

 

 

 

 

 

 

 

 

 

NOTICE OF APPEAL

 

CROSS-APPEAL

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

 

 

(UNLIMITED CIVIL CASE)

Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. A copy of this form must also be served on the other party or parties to this appeal. You may use an applicable Judicial Council form (such as APP-009 or APP-009E) for the proof of service. When this document has been completed and a copy served, the original may then be filed with the court with proof of service.

1.NOTICE IS HEREBY GIVEN that (name):

appeals from the following judgment or order in this case, which was entered on (date):

Judgment after jury trial

Judgment after court trial

Default judgment

Judgment after an order granting a summary judgment motion

Judgment of dismissal under Code of Civil Procedure, §§ 581d, 583.250, 583.360, or 583.430

Judgment of dismissal after an order sustaining a demurrer

An order after judgment under Code of Civil Procedure, § 904.1(a)(2)

An order or judgment under Code of Civil Procedure, § 904.1(a)(3)–(13)

Other (describe and specify code section that authorizes this appeal):

2.For cross-appeals only:

a.Date notice of appeal was filed in original appeal:

b.Date superior court clerk mailed notice of original appeal:

c.Court of Appeal case number (if known):

Date:

(TYPE OR PRINT NAME)

 

(SIGNATURE OF PARTY OR ATTORNEY)

Page 1 of 1

 

Judicial Council of California

NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)

 

Form Approved for Optional Use

 

 

 

 

 

 

 

APP-002 [Rev. January 1, 2017]

 

 

(Appellate)

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

 

 

 

 

 

 

 

 

Cal. Rules of Court, rule 8.100 www.courts.ca.gov

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Form Specifications

Fact Name Details
Form Title California Notice of Appeal/Cross-Appeal (Unlimited Civil Case)
Form Code APP-002
Governing Law California Rules of Court, rule 8.100
Filing Location This form must be filed in the superior court, not in the Court of Appeal.
Service Requirement A copy of this form must be served on the other party or parties involved in the appeal.
Judgment Types Includes judgments after jury trials, court trials, default judgments, and more.
Cross-Appeal Information Specific dates related to the original appeal must be provided for cross-appeals.
Form Revision Date Rev. January 1, 2017

California Notice App 002: Usage Guidelines

Completing the California Notice App 002 form is a crucial step in the appeal process for unlimited civil cases. After filling out this form, it must be filed in the superior court, not the Court of Appeal. Additionally, a copy must be served on all other parties involved in the appeal.

  1. Identify the attorney or party: Fill in the name of the attorney or party without an attorney. Include the State Bar number, if applicable.
  2. Provide contact information: Enter the firm name (if applicable), street address, city, state, ZIP code, telephone number, fax number, and email address.
  3. Indicate representation: Specify who the attorney is representing by filling in the name of the party (plaintiff/petitioner or defendant/respondent).
  4. Fill in court details: Provide the name of the Superior Court of California, county, street address, mailing address, city, and ZIP code.
  5. State the case number: Enter the case number associated with the appeal.
  6. Notice of appeal: Indicate the name of the appellant and the date the judgment or order was entered. Select the type of judgment or order from the provided options.
  7. For cross-appeals: If applicable, fill in the date the notice of appeal was filed in the original appeal, the date the superior court clerk mailed the notice of original appeal, and the Court of Appeal case number (if known).
  8. Sign and date the form: Type or print your name, and then sign the form. Ensure the date is included.

After completing the form, make a copy for your records and serve it to the other party or parties involved in the appeal. Finally, file the original form with proof of service in the superior court.

Your Questions, Answered

What is the California Notice App 002 form used for?

The California Notice App 002 form is used to notify the court and other parties involved that a person is appealing a judgment or order from a superior court. This form is specifically for unlimited civil cases. It ensures that the appeal process is officially documented and that all relevant parties are informed of the appeal.

Who needs to file the California Notice App 002 form?

The party who is appealing a judgment or order must file the California Notice App 002 form. This can be an individual or an attorney representing a party. It is important that the form is completed accurately and filed in the superior court, not in the Court of Appeal.

What information is required on the form?

The form requires several key pieces of information. This includes the name and contact details of the appealing party or their attorney, the case number, and details about the judgment or order being appealed. Specific options are provided to indicate the type of judgment, such as a jury trial or a default judgment. For cross-appeals, additional dates and information are also needed.

How do I serve the form to other parties?

Once the California Notice App 002 form is completed, it must be served to the other party or parties involved in the appeal. You can use a Judicial Council form, such as APP-009 or APP-009E, for proof of service. After serving the form, the original document should be filed with the court along with proof that it was served.

What should I do after completing the form?

After completing the California Notice App 002 form, make sure to serve it to all relevant parties. Then, file the original form with the superior court. It is essential to keep a copy for your records and ensure that you have proof of service. Remember to press the "Clear This Form" button for privacy after printing the form.

Common mistakes

  1. Incomplete Information: One common mistake is failing to fill out all required fields. Each section, from the attorney's details to the case number, is crucial. Missing information can delay your appeal process or even lead to rejection of your form.

  2. Incorrect Filing Location: Some individuals mistakenly file the APP-002 form in the Court of Appeal instead of the superior court. It’s essential to remember that this form must be filed in the superior court where the original case was heard.

  3. Not Serving Other Parties: After completing the form, it’s vital to serve a copy to all other parties involved in the appeal. Neglecting this step can result in procedural complications and may affect the validity of your appeal.

  4. Failure to Specify the Judgment or Order: When indicating the judgment or order being appealed, be specific. Vague descriptions can lead to confusion and may jeopardize your appeal. Always reference the correct code sections and provide detailed information.

Documents used along the form

The California Notice App 002 form is a crucial document used in the appeals process for unlimited civil cases. When filing this form, there are several other documents that may also be necessary to ensure a smooth and complete appeal. Below is a list of these documents, along with a brief description of each one.

  • APP-001: Information on Appeal Procedures for Unlimited Civil Cases - This form provides essential information regarding the steps and requirements involved in the appeal process. It is a helpful resource for understanding what to expect after filing your notice of appeal.
  • APP-009: Proof of Service - This document serves as evidence that you have properly served the notice of appeal to the other parties involved in the case. It is important to demonstrate that all parties are aware of the appeal.
  • APP-009E: Proof of Service by Mail - Similar to APP-009, this form specifically outlines proof that the notice of appeal was served by mail. It includes details about the mailing process and recipients.
  • APP-003: Notice of Appeal/Cross-Appeal (Limited Civil Case) - If your case falls under the limited civil category, this form is necessary to file an appeal. It is tailored to the specific rules and procedures for limited civil cases.
  • APP-004: Civil Case Information Statement - This document provides the court with relevant information about the civil case, including the nature of the case and the parties involved. It helps streamline the appeal process.
  • APP-005: Request for Court Reporter's Transcript - If you need a transcript of the court proceedings for your appeal, this form is used to request that transcript from the court reporter. It's essential for substantiating your appeal arguments.
  • APP-006: Application for Waiver of Court Fees - If you are facing financial difficulties, this form allows you to request a waiver of court fees associated with your appeal. It is important for ensuring that financial constraints do not hinder your access to justice.

Having these documents prepared and understanding their purpose can significantly ease the appeals process. Each form plays a role in ensuring that your appeal is handled correctly and that all parties are informed. Taking the time to gather and complete these documents will help you navigate the complexities of the legal system with greater confidence.

Similar forms

The California Notice App 002 form is used to file a notice of appeal or cross-appeal in civil cases. Several other forms serve similar purposes in the legal process. Here’s a list of those forms and how they relate to the Notice App 002:

  • APP-001: This is the Information on Appeal Procedures for Unlimited Civil Cases. It provides guidelines and essential information about the appeal process, which is important to understand before completing the Notice App 002.
  • APP-009: This form is used for proof of service. After filing the Notice App 002, it’s necessary to show that the other parties were served, making this form a crucial step in the process.
  • APP-009E: Similar to APP-009, this is another option for proof of service. It ensures that all parties are informed about the appeal, which is a key requirement.
  • APP-003: This form is for the notice of appeal in limited civil cases. It serves a similar function as the Notice App 002 but is specifically designed for cases with lower stakes.
  • APP-004: This form is the notice of appeal for family law cases. Like the Notice App 002, it initiates the appeal process but is tailored for family law matters.
  • APP-005: This form is used for appeals from administrative decisions. It shares the same purpose of notifying the court and other parties of an appeal but is specific to administrative law.
  • APP-006: This is the notice of appeal for juvenile cases. It serves a similar role as the Notice App 002 but is intended for juvenile court proceedings.
  • APP-007: This form is for appeals from small claims court. It functions similarly by notifying the court and parties of an appeal but is designed for small claims cases.

Each of these forms plays a vital role in the appeal process, ensuring that all necessary information is communicated clearly and effectively.

Dos and Don'ts

When filling out the California Notice App 002 form, it’s essential to follow specific guidelines to ensure your submission is accurate and complete. Here’s a list of things you should and shouldn’t do.

  • Do read the instructions carefully before starting the form.
  • Do provide accurate and complete information in all required fields.
  • Do include your contact information, including your email address and phone number.
  • Do specify the judgment or order you are appealing clearly.
  • Do ensure you file the form in the superior court, not in the Court of Appeal.
  • Don’t leave any required fields blank; this may delay your appeal.
  • Don’t forget to serve a copy of the form to the other party or parties involved.
  • Don’t use outdated versions of the form; ensure you have the latest revision.
  • Don’t forget to keep a copy of the filed form for your records.

Following these guidelines can help facilitate a smoother appeal process. It is crucial to pay attention to details and adhere to the procedural requirements set forth by the court.

Misconceptions

Understanding the California Notice App 002 form is essential for anyone navigating the appeals process. However, several misconceptions can lead to confusion. Here are five common misunderstandings:

  • This form can be filed in the Court of Appeal. Many believe that the Notice App 002 can be submitted directly to the Court of Appeal. In reality, it must be filed in the superior court where the original case was heard.
  • Only attorneys can file this form. While the form does include sections for attorneys, individuals representing themselves can also complete and file it. The form is designed to accommodate both parties.
  • A copy of the form does not need to be served to other parties. Some think that filing the form is sufficient. However, a copy must be served on all other parties involved in the appeal, ensuring everyone is informed.
  • All appeals require the same type of notice. Not every appeal is the same. The form is specifically for unlimited civil cases. Different types of cases may require different forms or procedures.
  • Once filed, no further action is needed. Filing the Notice App 002 is just one step in the appeals process. After filing, parties must ensure they follow all subsequent procedures, including any necessary proofs of service.

By addressing these misconceptions, individuals can better navigate the appeals process and ensure compliance with all necessary requirements.

Key takeaways

Here are some key takeaways about filling out and using the California Notice App 002 form:

  • Purpose of the Form: This form is used to formally notify the court and other parties of an appeal or cross-appeal in an unlimited civil case.
  • Filing Location: The completed form must be filed in the superior court, not in the Court of Appeal.
  • Service Requirement: A copy of the form must be served on all other parties involved in the appeal.
  • Proof of Service: Use an appropriate Judicial Council form, such as APP-009 or APP-009E, to provide proof of service.
  • Judgment Details: Clearly indicate the specific judgment or order being appealed, including the date it was entered.
  • Cross-Appeals: If filing a cross-appeal, additional information regarding the original appeal must be provided, such as dates and case numbers.
  • Completion: Ensure that all sections of the form are filled out accurately before submission.
  • Privacy Considerations: After printing the completed form, use the "Clear This Form" button to protect your personal information.