Legal Question in Real Estate Law in California

How do I respond to a Civil Case Information Statement(App-004)?(Appellate)


Asked on 4/27/11, 8:43 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You don't respond to a Civil Case Information Statement on an Appeal. They are required of the appellant, and a failure to file one will result in the a warning letter and eventual dismissal of the appeal, but they are not required of the respondent.

As the respondent, you need to be concerned with two issues right now: whether the appellant has adequately designated the record, and whether the appellant has appealed from an appealable order.

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Answered on 4/27/11, 9:08 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No response is necessary, but if you have been served with one, the important thing for you to understand is that a case you've been involved with is being appealed. Indeed, you should already have been served with the Notice of Appeal (Form APP-002) and soon should be served with an APP-008 (Certificate of Interested Parties or Persons) and an APP-003 (Designation of the Record on Appeal). In order to respond to and contest the appeal, you need not only to concern yourself with understanding the appellate process (look at, for example, Form APP-001), but also the matters mentioned by Mr. Roach, and be prepared to analyze and respond to the appellant's opening brief when it is filed and served. Proceeding into an appeal without competent counsel places your victory in the trial court at substantial risk.

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Answered on 4/27/11, 9:29 pm


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