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File #: 15-355    Version: 1
Type: Rules Proposal Status: Passed
File created: 9/23/2015 In control: Judicial Council
On agenda: 10/27/2015 Final action: 10/27/2015
Title: Appellate Procedure: Record on Appeal in Civil Cases (Action Required)
Attachments: 1. 20151027itemA5

Title

Title

Appellate Procedure: Record on Appeal in Civil Cases (Action Required)

 

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Summary

Summary

The Appellate Advisory Committee recommends revising the forms for designating the record on appeal in unlimited and limited civil cases to (1) state that the fee waiver application is submitted with rather than attached to the record designation form; and (2) clarify that the respondent must pay for additional proceedings that he or she designates to be included in the record. The first change, which is based on suggestions from a superior court, is intended to avoid the unintentional release of confidential information and reduce court costs associated with identifying and detaching fee waiver applications from record designation forms. The second change is intended to eliminate confusion for litigants and reduce court costs associated with litigant errors caused by that confusion.

 

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Recommendation

Recommendation

The Appellate Advisory Committee recommends that the Judicial Council, effective January 1, 2016:

1.                     Revise Appellant’s Notice Designating Record on Appeal (Unlimited Civil Case) (form APP- 003); Respondent’s Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-010); Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103); and Respondent’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-110) to state that the fee waiver application is submitted with rather than attached to the record designation form; and

2.                     Further revise Respondent’s Notice Designating Record on Appeal (Unlimited Civil Case) (form APP-010) to move the section of the form regarding the cost of transcribing additional proceedings that the respondent has designated for inclusion in a reporter’s transcript so that it follows immediately after the section regarding designation of those proceedings.

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