Download California App 010 Form

1. What is the purpose of the California App 010 form?

   The California App 010 form, also known as the Respondent's Notice Designating Record on Appeal, is used by a respondent in an appeal to designate the documents and oral proceedings from the superior court that they wish to include in the appellate record. This is essential for ensuring that the appellate court has all the necessary materials to review the case.

2. Who needs to fill out the App 010 form?

   This form is specifically for respondents in an appeal. If you are the party who is responding to an appeal filed by the appellant, you will need to complete this form to specify which documents and proceedings you want the appellate court to review.

3. What types of documents can I request to be included in the clerk's transcript?

   You can request any documents from the superior court proceedings that you believe are relevant to the appeal. This includes documents that were filed, as well as exhibits that were admitted, refused, or lodged in the superior court. Be sure to provide the title and date of each document you want included.

4. What should I do if I cannot afford the costs of the transcript?

   If you cannot afford the costs associated with obtaining the clerk's transcript, you can request it at no cost by attaching either an order granting a waiver of court fees or an application for a waiver. This application can be prepared using the Request to Waive Court Fees form (FW-001).

5. How do I designate oral proceedings to be included in the reporter's transcript?

   To designate oral proceedings, you will need to provide specific details about each proceeding you want included. This includes the date, department, a description of the proceedings, and the name of the court reporter, if known. This information helps ensure that the appellate court has a complete record of the oral arguments and testimonies.

6. Can I request my copy of the reporter's transcript in different formats?

   Yes, you can request your copy of the reporter's transcript in various formats. You may choose to receive it in paper format, computer-readable format, or both. Indicate your preference on the form to ensure you receive the transcript in the format that best suits your needs.

7. What happens if I do not pay for the transcript?

   If you do not pay for the transcript, you will not receive a copy. It's important to understand that the responsibility for covering the costs lies with you unless you have successfully applied for a fee waiver.

8. Where do I file the App 010 form?

   The App 010 form must be filed in the superior court where your case was originally heard. It is not filed in the Court of Appeal. Make sure to submit the form in a timely manner to avoid any delays in your appeal process.

When filling out the California App 010 form, it is essential to be thorough and accurate. Here are five key dos and don'ts to keep in mind:

• Do read the instructions carefully before starting. Understanding the requirements will help avoid mistakes.
• Do provide complete information. Ensure that all sections are filled out, including your contact details and case information.
• Do double-check for accuracy. Review the document for any errors or omissions before submission.
• Do keep copies of everything. Make sure to retain a copy of the completed form for your records.
• Do submit the form to the superior court. Remember, this form is not to be filed with the Court of Appeal.

• Don't skip any sections. Leaving parts of the form blank can lead to delays or rejections.
• Don't forget to include additional documents or exhibits if needed. Specify each one clearly.
• Don't ignore deadlines. Ensure that you file the form within the required time frame to avoid complications.
• Don't assume that the court will know what you mean. Be clear and specific in your requests.
• Don't submit without checking for proper signatures. Ensure that all required signatures are present before filing.

• Misconception 1: The APP-010 form must be filed in the Court of Appeal.

This is incorrect. The APP-010 form must be filed in the superior court, not in the Court of Appeal. This is an important distinction to ensure proper processing of the appeal.

• Misconception 2: Only the appellant can designate documents for inclusion in the transcript.

This is not true. While the appellant designates documents, the respondent can also request additional documents and exhibits to be included in the transcript. This can help ensure that all relevant information is available for review.

• Misconception 3: There is no cost associated with obtaining a copy of the clerk's transcript.

This is misleading. If a respondent requests a copy of the clerk's transcript, they must either pay for it or demonstrate financial hardship to qualify for a waiver of fees. Failure to pay may result in not receiving the transcript.

• Misconception 4: The APP-010 form is only for civil cases.

This is incorrect. While the example provided is for unlimited civil cases, the form can be used in various types of appeals, depending on the context of the case.

• Misconception 5: The form does not require specific details about the requested documents or proceedings.

This is false. The form requires detailed information, including titles, descriptions, and dates of the documents or proceedings requested. This ensures clarity and accuracy in the appeal process.

• Misconception 6: The respondent does not need to provide any information when filing the APP-010 form.

This is misleading. The respondent must provide specific information regarding additional documents and exhibits they wish to include, as well as details about oral proceedings. This information is crucial for the completeness of the record on appeal.

The California App 010 form, also known as the Respondent's Notice Designating Record on Appeal, is essential for those involved in an appeal process in California's civil courts. However, several other forms and documents often accompany it to ensure a smooth and comprehensive appeal. Here’s a look at some of these important documents.

• APP-001: Notice of Appeal - This form is the starting point for any appeal process. It officially notifies the court and the opposing party that a party intends to appeal a decision. Completing this form correctly is crucial, as it sets the stage for the entire appeal.
• FW-001: Request to Waive Court Fees - If a party cannot afford the costs associated with the appeal, this form allows them to request a waiver of court fees. It’s important to provide necessary documentation to support the request, ensuring that financial constraints do not hinder access to justice.
• APP-040: Civil Case Information Statement - This document provides the appellate court with essential information about the case, including the parties involved and the nature of the appeal. It helps streamline the process by giving the court a clear overview of the case.
• APP-130: Request for Reporter’s Transcript - If the appeal involves oral proceedings, this form is used to request a transcript of those proceedings. It is vital for accurately presenting the case on appeal, as it captures what was said during the trial.

Understanding these forms and their purposes is key to navigating the appeal process effectively. Each document plays a unique role, and together they help ensure that your appeal is presented clearly and thoroughly. Always consider seeking assistance if you're unsure about any part of the process, as the stakes can be high in legal matters.