File #: 20-116    Version: 1
Type: Other Proposal Status: Passed
File created: 2/26/2020 In control: Judicial Council
On agenda: 9/25/2020 Final action: 9/25/2020
Title: Rules and Forms | Appellate Procedure: Use of an Appendix in Limited Civil Cases (Action Required)
Attachments: 1. 20200925-20-116

 

Title

Title

Rules and Forms | Appellate Procedure: Use of an Appendix in Limited Civil Cases (Action Required)

 

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Summary

Summary

The Appellate Advisory Committee recommends adopting a new rule and amending four current rules to allow litigants in limited civil appeals to use an appendix in lieu of a clerk’s transcript as the record of documents filed in the trial court. The California Rules of Court contain a rule for use of an appendix in the Court of Appeal but do not include such a rule for civil appeals in the appellate division. The proposed rule is based on the existing rule and closely follows its structure and content. To assist litigants in using an appendix, the committee also proposes approving a new form and revising an information sheet and a form for designating the record in limited civil cases.

 

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Recommendation

Recommendation

The Appellate Advisory Committee recommends that the Judicial Council, effective January 1, 2021:

 

1.                     Adopt California Rules of Court, rule 8.845 to allow litigants in limited civil appeals to use an appendix in lieu of a clerk’s transcript as the record of documents in the trial court;

2.                     Amend rules 8.830, 8.840, 8.843, and 8.882 to add provisions and procedures related to use of an appendix;

3.                     Approve Respondent’s Notice Electing to Use an Appendix (Limited Civil Case) (form APP-111) to facilitate the respondent’s choosing an appendix as the form of the documents filed in the trial court; and

4.                     Revise Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to include information on an appendix and Appellant’s Notice Designating Record on Appeal (Limited Civil Case) (form APP-103) to include an appendix as a form of the record of documents the appellant may designate.