변호사 이재욱의 미국법 이야기 (Attorney Lee's commentary about U.S. law)

The California Court of Appeal Step by Step

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Civil Appellate Practices and Procedures for the Self-Represented

This manual describes in simple terms the civil appellate process and the related California Rules of Court that are in effect as of the date at the bottom of the page in each chapter. The manual is intended for persons who represent themselves (also called “self-represented litigants” and those “in pro per” or “in pro se”) and attorneys with little or no appellate experience who are bringing civil appeals to the California Court of Appeal, Fourth Appellate District, Division One, which has jurisdiction over appeals from San Diego and Imperial Counties. The manual does not cover criminal or juvenile dependency appeals.

The materials included here are not legal advice and may not be used as legal authority. The primary legal authority for the practices described in this manual is the California Rules of Court. (The California Rules of Court are sometimes referred to in this manual as "CRC," for example, "CRC rule 8.108.") The manual does not replace or supersede the California Rules of Court. It is merely a general summary of the applicable rules. The rules themselves are subject to change, and you should consult them directly. In the event the information here differs from the California Rules of Court, you must follow the California Rules of Court.

All of the forms referred to in this manual are included in the final section entitled "Sample Forms and Instructions", along with instructions for filling them out. Many of the sample forms in this manual (Sample Forms A, D, E, F, J, Q, S, T, U) are also available online in Adobe Acrobat format (PDF) and may be filled out electronically for free athttp://www.courts.ca.gov/forms.htm (where they are labeled as forms APP-002 through APP-007, FW-001-INFO, FW-001 and FW-003). A more abbreviated description of the civil appeal process (form APP-001) is also available at this Internet address.  

You may download this entire manual in zipped format (approximately 650 KB) or you may view individual sections by clicking in the table of contents below. Click here if you need more information about how to use Adobe Acrobat PDF or zipped files.

The California Court of Appeal - Step by Step

Title Page

Acknowledgments

Table of Contents

Introduction

Chapters
Chapter 1	Can You Appeal?
Chapter 2	Filing the Notice of Appeal
Chapter 3	Preparing the Record
Chapter 4	Civil Case Information Statement/ Certificate of Interested Entities or Persons
Chapter 5	Briefing the Case
Chapter 6	Other Things You Should Know
Chapter 7	Post-Briefing

Sample Forms and Instructions
A	Notice of Appeal
B	Notice of Entry of Judgment
C	Proof of Service by Mail
D	Application for Waiver of Court Fees and Costs
E	Order on Application for Waiver of Court Fees and Costs
F	Notice Designating Record on Appeal
G	Cover for Rule 8.124 Appendix
H	Chronological index for Rule 8.124 Appendix
I	Alphabetical index for Rule 8.124 Appendix
J	Civil Case Information Statement
K	Appellant's Opening Brief
L	Memorandum of Points and Authorities for Motion to Augment
M	Declaration in Support of Motion to Augment
N	Motion to Augment Record on Appeal (Documents Attached)
O	Motion to Augment Record on Appeal (Documents Requested)
P	Motion to Augment Record on Appeal with Reporter's Transcript
Q	Stipulation to Extend Time to File Brief
R	Application for Extension of Time to File Brief (Civil Case)
S	Petition for Rehearing
T	Abandonment of Appeal (Unlimited Civil Case)
U	Request for Dismissal of Appeal (Civil Case)
V	Certificate of Interested Entities or Persons
W	Respondent's Notice Designating Record On Appeal

Appendices
Appendix 1	Timeline
Appendix 2	Rule 5.63, Preparation of Orders and Judgments
Appendix 3	Courts and Public Law Libraries
Appendix 4	Citing Your Sources of Information
Appendix 5	Glossary (Definitions of Terms)
Appendix 6	Bibliography

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Last modified: Tuesday, 23-Nov-2011 10:01:33 PST