Legal Question in Civil Litigation in California

The appellant's attorney should serve the respondent with a copy of the notice designating papers and records. The court clerks will prepare the record and notify all parties when it is ready. The respondent would then be able to purchase a copy from the clerk's office.

You do not have to have the record ready when you file and serve the notice of designation. In fact, it would be extraordinarily unusual to do so.

There are multiple ways to present the record in a civil appeal. Mr. Stone's statement that the clerk will prepare the record presumes that you have opted not to use an appendix (which is how most appellate lawyers present the record in most appeals) and it ignores the issue of the reporter's transcript.

Note that you will probably have to deposit funds when you designate the record. The amount of your deposit will depend upon many factors.

The notice of designation is a deceptively simple form, since you must make some complex decisions before you fill it out. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) and will be happy to discuss the process with you if you want to contact me directly.