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CR-135 Proposed Statement on Appeal

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Proposed Statement on Appeal (Misdemeanor)

Take or mail the original completed form and proof of service on the other parties to the clerk’s office for the same court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed.

Fill out this form and make a copy of the completed form for your records and for each of the other parties.

Before you fill out this form, read Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) to know your rights and responsibilities.

Clerk stamps date here when form is filed.

Superior Court of California, County of

Appellate Division Case Number:

Trial Court Case Number:

Trial Court Case Name:

1. Your Information

a. Appellant (the party who is filing this appeal):

b. Appellant’s lawyer (skip this if the appellant is filling out this form):

The lawyer filling out this form (check (1) or (2)):

2. Information About Your Appeal

, I/my client filed a notice of appeal in the trial court case identified in the box on page 1 of this form.

3. Notice Regarding Record of Oral Proceedings

, I/my client filed a Notice Regarding Record of Oral Proceedings, choosing to use a statement on appeal as the record of what was said in this case.

4. The Charges Against Me/My Client

I/My client (check (1), (2), or (3)):

5. Summary of Any Motions

Were any motions filed in this case?

(1) Describe the first motion:

The motion was filed by the:

There was was not a hearing on this motion.

The trial court granted this motion. did not grant this motion.

(2) Describe the second motion:

The motion was filed by the:

There was was not a hearing on this motion.

The trial court granted this motion. did not grant this motion.

6. Summary of Testimony

Was there a trial in your case?

Type of trial:

b. Did you/your client testify at the trial?

c. Did an officer from the police department, sheriff’s office, or other government agency that charged you/your client testify at the trial?

d. Were there any other witnesses at the trial?

7. The Trial Court’s Findings

8. The Sentence

9. Reasons for Your Appeal

(1) Describe the error:

Describe how this error harmed you/your client:

(2) Describe the error:

Describe how this error harmed you/your client:

(3) Describe the error:

Describe how this error harmed you/your client:

Date:

Type or print name

Signature of appellant or attorney

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What the CR-135 Proposed Statement on Appeal Is

CR-135 Proposed Statement on Appeal is a procedural filing used in appellate practice to present a concise statement of the issues an appellant intends to raise on appeal. It identifies contested rulings, summarizes relevant facts, and indicates specific record citations. Courts use the proposed statement to frame the record on appeal and to resolve disputes about preserved issues. Requirements for content, format, and timing vary by jurisdiction; filers should verify local appellate rules and clerk procedures before submitting.

Why a Clear CR-135 Helps Your Appeal

A well-prepared CR-135 Proposed Statement on Appeal focuses the appellate record, clarifies preserved issues, and reduces procedural objections. Clear issues and record citations help the clerk assemble the record accurately and help the court identify the scope of review promptly.

Why a Clear CR-135 Helps Your Appeal

Who Typically Prepares and Files CR-135

Primary users include appellants, appellate counsel, and trial-court clerks preparing the record for appeal.

  • Appellate attorneys: prepare concise statements tying preserved errors to specific record citations and rulings.
  • Trial counsel: verify record accuracy, supply transcripts, and confirm clerk instructions for record assembly and certification.
  • Pro se appellants: draft or review the statement carefully and confirm timing, format, and proof-of-service requirements.

Primary Signers and Their Roles

Appellant

The appellant is the party initiating the appeal or their authorized representative. When completing the CR-135 Proposed Statement on Appeal, the appellant must ensure factual accuracy, identify challenged rulings precisely, and track service and filing deadlines to avoid dismissal for procedural defects.

Appellate Counsel

Appellate counsel prepares and certifies the proposed statement, cites record pages, coordinates transcript procurement, and handles procedural filings. Counsel must ensure the statement aligns with preserved issues and complies with local appellate rules to protect the record on appeal.

Key Legal and Technical Controls to Consider

Legal Framework: ESIGN and UETA apply to e-signatures.
Audit Trail: Timestamped log of signer actions.
Encryption: TLS 1.2/1.3 in transit.
Data at Rest: AES-256 encryption at rest.
HIPAA BAA: Available where required by HIPAA.
21 CFR Part 11: Support for FDA audit trails.

Consequences of Errors or Omitted Requirements

Missed Deadline: Appeal may be dismissed.
Incorrect Parties: Service defects risk rejection.
Incomplete Statement: Court may limit review.
Unsigned Filing: Clerk will refuse acceptance.
Improper Format: Return or correction required.
False Statements: Sanctions or perjury exposure.

Common Pitfalls to Avoid

  • Failing to tie issues to specific page or transcript citations often leads to clerk requests for clarification and unnecessary delay in record assembly.
  • Submitting broad legal claims without identifying preserved trial objections invites procedural objections and may narrow the court’s review to unpreserved issues.
  • Omitting the case caption, correct case number, or judge’s name frequently causes clerks to return the filing for correction and can trigger missed deadlines.
  • Using incorrect service methods or failing to include proof of service can result in the court refusing to accept the proposed statement into the record.

Step-by-Step: Prepare and File CR-135

Follow these steps to complete CR-135 Proposed Statement on Appeal accurately, include required record citations, and meet filing and service obligations.

  • 01
    Gather Record: Collect judgment, pertinent orders, and transcript references.
  • 02
    Draft Statement: Summarize each issue and cite exact record pages.
  • 03
    File with Clerk: Submit per court electronic filing or paper rules.
  • 04
    Serve Parties: Provide proof of service as required by rules.

Where to Submit and How the Document Is Routed

This explains where to submit the CR-135 Proposed Statement on Appeal and the typical routing steps used by clerks and appellate offices.

  • Appellate Court Clerk: Primary filing destination for appellate papers.
  • Electronic Filing System: Many courts require e-filing via their portal.
  • Trial Court Clerk: May need certification or record forwarding.
  • Opposing Counsel: Serve parties and include proof of service.

Suggested Electronic Workflow for CR-135 Submissions

Example settings for preparing, signing, and exporting CR-135 Proposed Statement on Appeal when using an eSignature-enabled workflow.

Field Configuration
Upload PDF Flattened, native PDF/A where allowed.
Signature Field Required; include date and printed name fields.
Authentication Email verification or SMS code recommended.
Retention Export signed PDF and audit trail for recordkeeping.

Technical and Filing Considerations for eSubmission

Technical and platform requirements for e-signing and submitting CR-135 Proposed Statement on Appeal vary by court; confirm acceptable formats and authentication levels before proceeding.

  • File Format: PDF or PDF/A preferred by many courts.
  • Authentication: Email-based or stronger multi-factor authentication.
  • Integrations: Connects with court portals via trusted export.

Key Timing Rules and Typical Deadlines

Deadlines for filing a CR-135 Proposed Statement on Appeal depend on jurisdiction; check local appellate rules and the clerk’s office for precise timing.

Federal civil appeals:

Notice of appeal generally filed within 30 days under FRAP 4(a).

State appellate deadlines:

Vary widely; many states require filing within 30 days of entry.

Service of statement:

Typically served on opposing parties at filing; proof required.

Transcript ordering:

Order transcripts early to meet record assembly deadlines.

Stay or extension requests:

Seek clerk or court relief promptly if additional time needed.

Milestones in the CR-135 Filing Process

A typical sequence outlines drafting, review, filing, and record assembly milestones required to finalize the proposed statement.

01

Draft and Cite

Create statement tying each issue to exact record citations.

02

Internal Review

Have counsel or client verify accuracy and signatures.

03

File with Clerk

Submit via e-filing or paper per local rules.

04

Record Assembly

Clerk compiles and certifies the record for the court.

How CR-135 Differs from an Appellate Brief

A brief comparison highlights the different purpose, timing, and level of detail required by a CR-135 Proposed Statement on Appeal versus a full appellate brief.

Criteria CR-135 Appellate Brief
Primary Purpose issue statement argument and authorities
Length / Detail short extensive
Timing early in appeal after record assembled
Formal Requirements local rule dependent frap and citation rules

Key Elements of a Professional CR-135

Include these six components to make the CR-135 Proposed Statement on Appeal clear, defensible, and clerk-ready.

Issue Statements

State each issue succinctly and objectively, focusing on the legal question and how the trial court’s ruling affected the outcome; avoid argumentary language in this section so the court can identify preserved claims.

Record Citations

Provide precise citations to trial transcripts, exhibits, or docket entries using page or transcript line references so clerks can locate relevant material without additional requests.

Preservation Basis

Explain where and how the issue was preserved at trial, citing objections, motions, or orders to demonstrate appellate reviewability and to reduce disputes over forfeiture.

Transcript Requests

Specify exact transcript volumes and pages needed for each issue to limit costs and accelerate record assembly, indicating whether excerpts or full transcripts are necessary.

Signature & Certification

Include the required signature block, printed name, and certification that the statement is accurate; follow local rules about counsel signatures and electronic authentication.

Rule Compliance

Conform to local formatting, page limits, and filing procedures; noncompliance can result in clerk rejection or a requirement to refile, creating delay.

eSignature Pricing and Feature Comparison for Filing Workflows

Basic pricing and feature differences across common eSignature vendors. signNow is shown first for comparison. Confirm current vendor plans directly with providers before purchasing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Tips for Accurate, Efficient Completion

Adopt these best practices to reduce rework, expedite clerk processing, and limit the risk of procedural rejection.

Standardize Templates
Use a consistent template for CR-135 Proposed Statement on Appeal that includes required caption, case number, signature block, and common clause language to reduce clerical errors and shorten drafting time across matters.
Cite Precisely
Always tie each stated issue to a specific page or transcript reference; precise citations prevent clerk requests for clarification and make appellate review more efficient by directing attention to the exact material.
Limit Transcript Requests
Order only the transcript pages necessary to resolve identified issues; focused requests reduce cost and delay while ensuring the appellate record contains relevant evidence.
Retain Audit Trail
When e-signing, retain the platform-generated audit trail, authentication logs, and final signed PDF to demonstrate integrity and prove timing and attribution if challenged.

Two Practical Examples That Illustrate CR-135 Use

Representative examples show how focusing issues and limiting transcript requests can reduce cost and speed appellate processing.

Appellate Clinic Example

A law school appellate clinic prepared a CR-135 Proposed Statement on Appeal to narrow issues for an indigent appellant.

  • Focused on three preserved trial errors.
  • By tying each error to specific trial record citations, the clinic avoided procedural objections, reduced briefing scope, and enabled the clerk to assemble a targeted record that expedited appellate review and preserved counsel resources.

Solo Practitioner

A solo practitioner used the CR-135 Proposed Statement on Appeal to request specific transcripts and highlight evidentiary rulings.

  • Saved transcript costs and limited preparation.
  • Limiting transcript requests to identified pages reduced costs, focused appellate briefing on disputed rulings, and minimized docketing delays while complying with local appellate clerk requirements for record supplementation and service.

Frequently Asked Questions about CR-135 Proposed Statement on Appeal

Answers to common procedural and technical questions encountered when preparing or submitting a CR-135 Proposed Statement on Appeal.


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