Homepage Blank California Notice App 002 Form
Outline

The California Notice App 002 form serves as a critical document in the appellate process for unlimited civil cases. It is designed for use by individuals or attorneys who are initiating an appeal or cross-appeal from a judgment or order issued by a superior court. This form requires essential information, including the names and contact details of the appealing party and their attorney, if applicable. It also necessitates the identification of the specific judgment or order being appealed, along with the date it was entered. Proper completion of this form is vital, as it must be filed in the superior court rather than the Court of Appeal, and a copy must be served on the opposing party. Additionally, the form outlines various types of judgments that may be appealed, such as judgments after jury trials, default judgments, or dismissals. For those filing a cross-appeal, the form includes sections to provide relevant dates and case numbers associated with the original appeal. Completing the California Notice App 002 form accurately ensures that all procedural requirements are met, facilitating a smoother transition into the appellate phase of the legal process.

Sample - California Notice App 002 Form

APP-002
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE:
ZIP CODE:
CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
(UNLIMITED CIVIL CASE)
CROSS-APPEALNOTICE OF APPEAL
FOR COURT USE ONLY
CASE NUMBER:
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:
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)
(Appellate)
Cal. Rules of Court, rule 8.100
www.courts.ca.gov
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
APP-002 [Rev. January 1, 2017]
Print this form
Save this form
Clear this form
For your protection and privacy, please press the Clear
This Form button after you have printed the form.

Form Information

Fact Name Description
Form Title California Notice App 002 is officially titled "Notice of Appeal/Cross-Appeal (Unlimited Civil Case)."
Governing Laws This form is governed by the California Rules of Court, specifically rule 8.100.
Filing Location The completed 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 all other parties involved in the appeal.
Judicial Council Forms Judicial Council forms such as APP-009 or APP-009E may be used for proof of service.
Version and Approval The form is approved for optional use and was last revised on January 1, 2017.

Detailed Guide for Filling Out California Notice App 002

After completing the California Notice App 002 form, the next steps involve serving a copy to the other party or parties involved in the appeal. It's important to file the original form with the superior court, accompanied by proof of service.

  1. Fill in your information: Start by entering your name, firm name (if applicable), State Bar number, address, city, state, ZIP code, telephone number, fax number, and email address in the designated fields.
  2. Identify the party you represent: Specify the name of the party for whom you are filing the appeal in the "Attorney for" section.
  3. Provide court information: Enter the street address, mailing address, city, ZIP code, and branch name of the Superior Court of California where the case is being heard.
  4. List the parties involved: Clearly indicate the names of the plaintiff/petitioner and the defendant/respondent in the appropriate sections.
  5. Enter the case number: Input the case number for the unlimited civil case.
  6. State the nature of the appeal: Indicate the judgment or order being appealed by checking the appropriate box and providing the date it was entered.
  7. Complete cross-appeal details (if applicable): If this is a cross-appeal, fill in the date the notice of appeal was filed, the date the superior court clerk mailed the notice, and the Court of Appeal case number if known.
  8. Sign and date the form: Finally, type or print your name, and sign the form. Include the date of completion.

Obtain Answers on California Notice App 002

  1. What is the California Notice App 002 form?

    The California Notice App 002 form is a legal document used to formally notify the court and the other party or parties involved that a person is appealing a judgment or order from a superior court. This form is specifically designed for unlimited civil cases and must be filed in the superior court, not in the Court of Appeal.

  2. Who needs to fill out the App 002 form?

    This form is intended for individuals or attorneys who are appealing a judgment or order. If you are a plaintiff or defendant in a civil case and wish to contest the court's decision, you will need to complete this form. It’s important to ensure that all relevant information is accurately provided to avoid delays in your appeal.

  3. What information do I need to provide on the form?

    When filling out the App 002 form, you will need to include:

    • Your name and contact information, including your attorney's name if applicable.
    • The name of the court and the case number.
    • The specific judgment or order you are appealing from, along with the date it was entered.
    • For cross-appeals, additional details such as the date of the original appeal and the Court of Appeal case number, if known.
  4. How do I serve the App 002 form to other parties?

    Once you have completed the App 002 form, you must serve a copy of it to the other party or parties involved in the appeal. You can use another Judicial Council form, such as APP-009 or APP-009E, to provide proof of service. This step is crucial, as it ensures that all parties are informed of the appeal.

  5. What should I do after completing and serving the form?

    After you have served the App 002 form, the next step is to file the original form with the superior court. You must include proof of service when you file it. This helps the court keep accurate records of who has been notified about the appeal.

  6. Is there a specific deadline for filing the App 002 form?

    Yes, there are deadlines for filing an appeal, which can vary based on the type of judgment or order you are appealing. It’s essential to check the specific timelines outlined in the California Rules of Court or consult with a legal professional to ensure you file within the required timeframe.

Common mistakes

Filling out the California Notice App 002 form can be straightforward, but several common mistakes can lead to complications. One prevalent error is failing to include the correct case number. This number is crucial for the court to identify the specific case involved in the appeal. Without it, the form may be rejected or delayed.

Another mistake often made is not providing complete contact information. The form requires details such as the name, address, and telephone number of the attorney or party submitting the appeal. Omitting any of this information can hinder communication and may result in missed deadlines or notifications.

People frequently overlook the importance of correctly identifying the judgment or order being appealed. This section requires clear and accurate descriptions of the judgment, including the date it was entered. Inaccuracies here can lead to confusion and potentially impact the appeal process.

Many individuals also fail to serve a copy of the completed form to all parties involved in the case. Serving the document is not just a formality; it is a legal requirement. Neglecting this step can lead to procedural issues and may affect the validity of the appeal.

Additionally, the form must be filed in the superior court, not the Court of Appeal. Some applicants mistakenly submit it to the wrong court, which can cause significant delays. Understanding where to file is essential to ensure the appeal proceeds smoothly.

Another common oversight is not using the appropriate Judicial Council form for proof of service. While the Notice App 002 form includes instructions, individuals often forget to include the necessary proof of service documentation, which is vital for the court’s records.

Finally, individuals sometimes forget to sign the form. A signature is required to validate the submission. Without it, the court will not process the appeal, resulting in further delays. Ensuring all sections are completed and signed is crucial for a successful filing.

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, several other documents may also be required or helpful in ensuring a smooth appeal. Below is a list of related forms and documents that individuals often utilize alongside the Notice App 002.

  • APP-001: Information on Appeal Procedures for Unlimited Civil Cases - This document provides essential information regarding the appeal process, including timelines, requirements, and procedures. It serves as a guide for parties to understand their rights and obligations during the appeal.
  • APP-009: Proof of Service - This form is used to demonstrate that the Notice of Appeal has been properly served to all relevant parties. It is crucial for ensuring that all parties are informed of the appeal and can respond accordingly.
  • APP-009E: Proof of Service by Mail - Similar to APP-009, this form specifically addresses service by mail. It is important for parties who choose to serve documents via postal service, ensuring compliance with legal requirements.
  • APP-004: Notice of Designation of Record on Appeal - This document is filed to designate what parts of the trial court record will be included in the appellate review. It helps streamline the appeal process by clarifying which documents and evidence are relevant.
  • APP-005: Appellant's Opening Brief - This is the initial brief submitted by the appellant outlining the arguments for the appeal. It is a critical component of the appellate process, as it presents the appellant's case to the appellate court.
  • APP-006: Respondent's Brief - This document is filed by the respondent, who opposes the appeal. It addresses the arguments made by the appellant and presents the respondent's position on the case.

Utilizing these forms and documents in conjunction with the California Notice App 002 can significantly enhance the clarity and effectiveness of the appeal process. Each document serves a specific purpose and helps ensure that all procedural requirements are met, ultimately supporting a fair and just resolution of the appeal.

Similar forms

The California Notice App 002 form is a legal document used to notify parties involved in a civil case about an appeal. Several other documents share similarities with this form in terms of purpose, structure, or function. Below is a list of ten documents that are similar to the California Notice App 002 form:

  • Notice of Appeal (Form APP-001): This form serves a similar purpose by officially notifying the court and other parties about an appeal being filed. It also outlines the necessary information regarding the case and the judgment being appealed.
  • Proof of Service (Forms APP-009 or APP-009E): These forms are used to confirm that the notice of appeal has been properly served to all relevant parties, ensuring that everyone involved is aware of the appeal.
  • Notice of Cross-Appeal (Form APP-003): Like the Notice App 002, this document is used to inform the court and other parties about a cross-appeal, detailing the specifics of the original appeal and the new issues being raised.
  • Case Information Statement (Form APP-004): This form provides essential details about the case, similar to the information required in the Notice App 002, helping the court track the appeal process.
  • Application for Extension of Time to File Notice of Appeal (Form APP-005): This document allows a party to request additional time to file their notice of appeal, sharing a procedural similarity with the Notice App 002.
  • Notice of Settlement (Form APP-006): This form is used to inform the court that the parties have reached a settlement, similar to how the Notice App 002 informs the court of an appeal.
  • Request for Dismissal (Form APP-007): This document can be filed to dismiss an appeal, paralleling the function of the Notice App 002 in that it communicates important case information to the court.
  • Appellant's Opening Brief (Form APP-008): This document outlines the arguments for the appeal, following the notice of appeal, thus maintaining a connection to the information provided in the Notice App 002.
  • Respondent's Brief (Form APP-009): Similar to the Appellant's Opening Brief, this document responds to the arguments made in the appeal, furthering the dialogue initiated by the Notice App 002.
  • Notice of Oral Argument (Form APP-010): This form notifies parties of the scheduled oral arguments in an appeal, continuing the communication initiated by the Notice App 002 regarding the appeal process.

Dos and Don'ts

When filling out the California Notice App 002 form, it is crucial to follow specific guidelines to ensure that your submission is complete and accurate. Below is a list of dos and don’ts to consider during this process.

  • Do read the instructions carefully before starting to fill out the form.
  • Do provide accurate and complete information, including names, addresses, and case numbers.
  • Do sign the form where indicated to validate your submission.
  • Do serve a copy of the completed form on all other parties involved in the appeal.
  • Don't submit the form to the Court of Appeal; it must be filed in the superior court.
  • Don't forget to check for any additional required documents that may need to accompany your submission.
  • Don't leave any sections of the form blank; incomplete forms may lead to delays.
  • Don't overlook the importance of keeping a copy of the form for your records after filing.

Misconceptions

The California Notice App 002 form is often misunderstood. Here are nine common misconceptions about this form, along with clarifications to help you navigate the appeal process effectively.

  • Misconception 1: The form can be filed directly with the Court of Appeal.
  • This is incorrect. The form must be filed in the superior court, not in the Court of Appeal.

  • Misconception 2: You do not need to serve the form on other parties.
  • In reality, a copy of the form must be served on all other parties involved in the appeal.

  • Misconception 3: Any version of the form is acceptable.
  • You must use the specific Judicial Council form APP-002 for your notice of appeal.

  • Misconception 4: The form is optional for filing an appeal.
  • This form is mandatory for initiating an appeal in unlimited civil cases.

  • Misconception 5: You can skip the proof of service.
  • Proof of service is essential. You may use forms like APP-009 or APP-009E to provide this proof.

  • Misconception 6: You can appeal any order or judgment without specific grounds.
  • The appeal must be based on a valid judgment or order, as specified in the form.

  • Misconception 7: The appeal process is the same for all types of cases.
  • The procedures can vary significantly depending on whether the case is civil, criminal, or family law.

  • Misconception 8: You can complete the form without prior knowledge of appeal procedures.
  • It is crucial to read the Information on Appeal Procedures for Unlimited Civil Cases before completing the form.

  • Misconception 9: The appeal is automatically granted once the form is filed.
  • Filing the form does not guarantee that the appeal will be successful. The court will review the merits of the appeal before making a decision.

Key takeaways

When using the California Notice App 002 form, consider the following key points:

  • The form is specifically for filing a notice of appeal or cross-appeal in unlimited civil cases.
  • It must be filed in the superior court, not the Court of Appeal.
  • Complete all required fields, including your name, contact information, and the details of the case.
  • Provide the date of the judgment or order you are appealing from.
  • If applicable, include information regarding cross-appeals, such as dates and case numbers.
  • A copy of the completed form must be served on all other parties involved in the appeal.
  • Use an appropriate Judicial Council form for proof of service, such as APP-009 or APP-009E.
  • After serving the document, file the original with the court along with proof of service.
  • Read the Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001) before completing the form.
  • For privacy, clear the form after printing to protect your personal information.