The California App 010 form is a legal document used in the Superior Court of California for designating the record on appeal in unlimited civil cases. This form allows respondents to specify which documents and oral proceedings from the superior court should be included in the appeal record. It is essential to complete this form accurately to ensure all relevant materials are reviewed during the appeal process.
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The California App 010 form, officially known as the Respondent's Notice Designating Record on Appeal, plays a crucial role in the appellate process for unlimited civil cases. This form is designed for respondents who wish to specify the documents and oral proceedings they want included in the record on appeal. It requires basic information such as the names and contact details of the attorney or party without an attorney, along with the relevant case numbers. The form outlines the process for requesting a clerk's transcript, which includes identifying additional documents and exhibits from the superior court proceedings that the respondent believes should be part of the appeal. Furthermore, it allows respondents to request a reporter's transcript of oral proceedings, detailing the dates and descriptions of those proceedings. Notably, the form also addresses the costs associated with obtaining these transcripts, providing options for those who may need a fee waiver. By ensuring that all relevant materials are included, the California App 010 form helps facilitate a fair review of the case in the appellate court.
APP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL
Superior Court Case Number:
(UNLIMITED CIVIL CASE)
RE: Appeal filed on (date):
Court of Appeal Case Number (if known):
Notice: Please read Judicial Council form APP-001 before completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1.RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
The appellant has elected to use a clerk's transcript under rule 8.122.
a.
Additional documents. (If you want any documents from the superior court proceedings in addition to the documents designated by the appellant to be included in the clerk's transcript, you must identify those documents here.)
In addition to the documents designated by the appellant, I request that the clerk include in the transcript the following documents from the superior court proceedings. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.)
Document Title and Description
Date of Filing
(1)
(2)
(3)
See additional pages.
b.
Additional exhibits. (If you want any exhibits from the superior court proceedings in addition to those designated by the appellant to be included in the clerk's transcript, you must identify these exhibits here.)
In addition to the exhibits designated by the appellant, I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence.)
Exhibit Number
Description
Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
APP-010 [New January 1, 2010]
(Unlimited Civil Case)
Cal. Rules of Court, rules 3.50, 8.121–8.124, 8.128, 8.130, 8.134, 8.137 www.courtinfo.ca.gov
WWW.ACCESSLAW.COM
CASE NAME:
CASE NUMBER:
1. c.
Copy of clerk’s transcript. I request a copy of the clerk’s transcript. (check (1) or (2).)
I will pay the superior court clerk for this transcript when I receive the clerk's estimate of the costs of this transcript.
I understand that if I do not pay for this transcript, I will not receive a copy.
I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
attached the following document (check (a) or (b)):
(a)
An order granting a waiver of court fees and costs under rule 3.50 et seq.; or
(b)
An application for a waiver of court fees and costs under rule 3.50 et seq. (Use Request to Waive
Court Fees (form FW-001) to prepare and file this application.)
2.RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
The appellant has elected to use a reporter’s transcript under rule 8.130.
Additional proceedings. (If you want any oral proceedings in addition to the proceedings designated by the appellant to
be included in the reporter’s transcript, you must identify those proceedings here.)
In addition to the proceedings designated by the appellant, I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings—for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions—and, if you know it, the name of the court reporter who recorded the proceedings.)
Date
Department
Full/Partial Day
Description of Proceedings
Reporter's Name
(4)
(5)
(6)
(7)
Page 2 of 3
2.b. Copy of Reporter’s Transcript.
I request a copy of the reporter’s transcript.
I request that the reporters provide (check (a), (b), or (c)):
My copy of the reporter’s transcript in paper format.
My copy of the reporter’s transcript in computer-readable format.
My copy of the reporter’s transcript in paper format and a second copy of the reporter's transcript in computer-readable format.
(Code Civ. Proc., § 271; Cal. Rules of Court, rule 8.130(f)(4).)
(3)I have (check all that apply):
Deposited the approximate cost of transcribing the designated proceedings with this notice as provided
in rule 8.130(b)(1).
Attached a copy of a Transcript Reimbursement Fund application filed under rule 8.130(b)(3).
(c)
Attached the reporter’s written waiver of a deposit for (check either (i) or (ii)):
(i)
All of the designated proceedings.
(ii)
Part of the designated proceedings.
(d)
Attached a certified transcript under rule 8.130(b)(3).
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF RESPONDENT OR ATTORNEY)
Page 3 of 3
Filling out the California APP-010 form is a crucial step in the appeals process. This form allows you to designate the specific records and documents you wish to include in your appeal. By carefully completing this form, you ensure that the necessary information is submitted to the court, which can help facilitate a smoother appeal process.
What is the purpose of the California APP-010 form?
The California APP-010 form is used by respondents in an appeal to designate the record that will be included in the appeal process. This includes both documents and oral proceedings from the superior court that the respondent believes are necessary for the appellate court to review the case adequately.
Who needs to file the APP-010 form?
The APP-010 form must be filed by the respondent in an appeal. This is typically the party who did not initiate the appeal but is responding to it. It is essential for ensuring that the appellate court has all relevant information from the superior court proceedings.
When should the APP-010 form be filed?
The form should be filed in the superior court shortly after the appeal is initiated. It is crucial to adhere to the deadlines specified by the court rules to avoid any complications with the appeal process.
What information is required on the APP-010 form?
The form requires various details, including the names and addresses of the parties involved, the case number, and a list of documents and oral proceedings the respondent wishes to include in the appeal record. Specific titles and filing dates for documents, as well as descriptions of oral proceedings, must be provided.
Can I request additional documents or exhibits not designated by the appellant?
Yes, the APP-010 form allows you to request additional documents and exhibits from the superior court proceedings. You must specify each document or exhibit you want included, along with its title and filing date or a brief description.
What if I cannot afford the costs associated with obtaining the transcripts?
If you cannot afford the costs, you can request a waiver by checking the appropriate box on the form. You will need to attach either an order granting a waiver or an application for a waiver of court fees and costs. This ensures that you can still obtain the necessary transcripts without financial burden.
How do I specify the oral proceedings I want included in the record?
You can specify oral proceedings by providing the date, department, and a description of each proceeding on the APP-010 form. If you know the name of the court reporter who recorded the proceedings, you should include that information as well.
What formats can I request for the transcripts?
You can request the reporter's transcript in various formats, including paper, computer-readable format, or both. Indicate your preference on the form to ensure you receive the transcripts in the desired format.
Filling out the California App 010 form can be a straightforward process, but many individuals make critical mistakes that can delay their appeal. One common error is failing to accurately complete the contact information. The form requires your name, address, and telephone number. Missing or incorrect details can lead to communication issues with the court.
Another frequent mistake is neglecting to check the appropriate boxes regarding the type of transcript requested. Whether you want a clerk's transcript or a reporter's transcript, it is essential to make this choice clear. Misunderstanding this section can result in receiving the wrong type of documentation, causing further complications in your appeal.
Many people also forget to specify additional documents or exhibits they wish to include. The form allows you to request extra materials beyond what the appellant has designated. If you don’t identify these documents clearly, they may not be included in your appeal, which could weaken your case.
Providing incomplete information about the oral proceedings is another mistake. Each proceeding you want included must be detailed with its date, department, and a description. Omitting this information can lead to gaps in the record, impacting your appeal's effectiveness.
Another area where mistakes occur is in the financial section. If you are requesting a waiver for court fees, ensure that you attach the correct documentation. Failing to do so can result in your request being denied, leaving you responsible for costs you cannot afford.
Some individuals overlook the signature requirement. The form must be signed by the respondent or their attorney. A missing signature can render the entire submission invalid, leading to unnecessary delays.
Lastly, not reviewing the form for completeness before submission is a common oversight. Take the time to double-check all entries and ensure that nothing is left blank. A thorough review can save you from potential setbacks in your appeal process.
The California App 010 form is essential for those involved in an appeal process within the California court system. It helps parties designate the records they wish to include in their appeal. Alongside this form, several other documents are commonly used to ensure a smooth and efficient appeal process. Below is a list of these documents with brief descriptions of each.
These forms and documents play critical roles in the appeal process in California. Ensuring that they are filled out accurately and submitted on time can significantly impact the outcome of a case. Familiarity with these documents can help individuals navigate the complexities of the legal system more effectively.
When filling out the California APP-010 form, it's important to follow certain guidelines to ensure accuracy and compliance. Here are six things you should and shouldn't do:
Understanding the California APP-010 form can be challenging, and several misconceptions often arise. Here are nine common misunderstandings about this important document:
By clarifying these misconceptions, individuals can better navigate the appeal process and ensure they are adequately prepared.
Ensure you provide accurate information in all fields, including your name, contact details, and case numbers. This is crucial for the court to process your appeal efficiently.
Identify any additional documents you wish to include in the clerk's transcript clearly. Be specific about each document's title and date of filing to avoid delays.
When requesting additional exhibits, specify the exhibit number and provide a brief description. Indicate whether each exhibit was admitted into evidence.
If you cannot afford the cost of the clerk’s transcript, attach the appropriate waiver application. This will allow you to obtain the transcript without payment.
For oral proceedings, identify the specific dates and descriptions of the proceedings you want included in the reporter's transcript. Provide the name of the court reporter if known.
Decide on the format for receiving the reporter’s transcript. You can choose between paper format, computer-readable format, or both.