Legal Question in Appeals and Writs in California
If a Notice of Appeal is filed (to appeal Unlimited Civil case), and then the Court of Appeal requests that Appellant Timely Designate The Record (on appeal) 3 1/2 weeks later, Isn't that too soon?
4 Answers from Attorneys
No. The record is to be designated within ten days of the notice of appeal. See Rule 8.121 of the California Rules of Court.
I suggest you get the record designated as soon as possible, and inform yourself of all other deadlines in this matter. Better yet, obtain counsel to assist you. Your lack of experience in this process may irreparably damage your case.
You need to comply with the rules of court, or the court of appeal will dismiss your appeal before it is ever decided on the merits of your case.
It sounds like you are representing yourself. I urge you to look online or in a book at Title 8 of the California Rules of Court, Appeals, Rules 8.1 through 8.1125. These are the groundrules of appeals. If you can, consult with an appellate attorney. Good luck.
I agree with the prior answers. Note that designating the record is not the same thing as filing it. For now, all you have to do is decide what you want the record to include, and then tell the trial court and the other parties what you have decided. There is a standard form you must use.
If you want reporters' transcripts (records of what was said in open court), you must order and pay for them. If you want copies of documents that were filed with the trial court, you may either pay that court to provide them in the form of a clerk's transcript, or you may state that you will provide them yourself in the form of an appendix.
The records of most appeals include both reporters' transcripts and either an appendix or a clerk's transcript. There are other record forms you could use, but these are the usual ones.
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