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Notice of Appeal

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APP-102 Notice of Appeal/Cross-Appeal (Limited Civil Case)

Clerk stamps date here when form is filed.

You fill in the name and street address of the court that issued the judgment or order you are appealing:

You fill in the number and name of the trial court case in which you are appealing the judgment or order:

The clerk will fill in the number below

Instructions

  • This form is only for appealing in a limited civil case. You can get other forms for appealing in unlimited civil cases at any courthouse or county law library or online at www.courts.ca.gov/forms.
  • Before you fill out this form, read Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) to know your rights and responsibilities. You can get form APP-101-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms.
  • You must serve and file this form no later than 30 days after the trial court or a party serves a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment or 90 days after entry of judgment, whichever is earlier (see rule 8.823 of the California Rules of Court for very limited exceptions). If your notice of appeal is late, your appeal will be dismissed.
  • Fill out this form and make a copy of the completed form for your records and for each of the other parties.
  • Serve a copy of the completed form on each of the other parties and keep proof of this service. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.htm.
  • 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.

1) Your Information

a. Name of appellant (the party who is filing this appeal):

Check here if more than one appellant and attach a separate page or pages listing the other appellants and their contact information. At the top of each page, write “APP-102, item 1a.”

b. Appellant's contact information (skip this if the appellant has a lawyer for this appeal):

Street address: City State Zip

Mailing address (if different): City State Zip

Phone: E-mail:

c. Appellant's lawyer (skip this if the appellant does not have a lawyer for this appeal):

Name: State Bar number:

Street address: City State Zip

Mailing address (if different): City State Zip

Phone: E-mail:

Fax:

Trial Court Case Name:

Trial Court Case Number:

2) This is (check a or b):

a. The first appeal in this case.

b. A cross-appeal (an appeal filed after the first appeal in this case (complete (1), (2), and (3)).

(1) The notice of appeal in the first appeal was filed on (fill in the date that the other party filed its notice of appeal in this case):

(2) The trial court clerk served notice of the first appeal on (fill in the date that the clerk served the notice of the other party's appeal in this case):

(3) The appellate division case number for the first appeal is (fill in the appellate division case number of the other party's appeal, if you know it):

3) Judgment or Order You Are Appealing

I am/My client is appealing (check a or b):

a. The final judgment in the trial court case identified in the box on page 1 of this form.

The date the trial court entered this judgment was (fill in the date):

b. Other:

(1) An order made after final judgment in the case.

The date the trial court entered this order was (fill in the date):

(2) An order changing or refusing to change the place of trial (venue).

The date the trial court entered this order was (fill in the date):

(3) An order granting a motion to quash service of summons.

The date the trial court entered this order was (fill in the date):

(4) An order granting a motion to stay or dismiss the action on the ground of inconvenient forum.

The date the trial court entered this order was (fill in the date):

(5) An order granting a new trial.

The date the trial court entered this order was (fill in the date):

(6) An order denying a motion for judgment notwithstanding the verdict.

The date the trial court entered this order was (fill in the date):

(7) An order granting or dissolving an injunction or refusing to grant or dissolve an injunction.

The date the trial court entered this order was (fill in the date):

Trial Court Case Name:

Trial Court Case Number:

3 (continued)

(8) An order appointing a receiver.

The date the trial court entered this order was (fill in the date):

(9) Other action (please describe and indicate the date the trial court took the action you are appealing):

4) Record Preparation Election

Complete this section only if you are filing the first appeal in this case. If you are filing a cross-appeal, skip this section and go to the signature line.

If you are filing the first appeal in this case, you must serve and file a notice in the trial court designating the record on appeal. You may use Appellant's Notice Designating Record on Appeal (Limited Civil Case) (form APP-103). Check a or b:

a. I will serve and file a notice designating the record on appeal together with this notice of appeal.

b. I will serve and file a notice designating the record on appeal later. I understand that I must file this notice in the trial court within 10 days of the date I file this notice of appeal, and that if I do not file the notice designating the record on time, the court may dismiss my appeal.

REMINDER: Except in the very limited circumstances listed in rule 8.823, you must serve and file this form no later than (1) 30 days after the trial court clerk or a party serves either a document called a Notice of Entry of the trial court judgment or a file-stamped copy of the judgment, or (2) within 90 days after entry of judgment, whichever is earlier. If your notice of appeal is late, your appeal will be dismissed.

Date:

Type or print your name

Signature of appellant/cross-appellant or attorney

Date:

Type or print your name

Signature of appellant/cross-appellant or attorney

Date:

Type or print your name

Signature of appellant/cross-appellant or attorney

Enter text

What a Notice of Appeal Is and when it starts the appellate process

A Notice of Appeal is a formal written filing that begins an appellate review by notifying the court and opposing parties that a party intends to challenge a lower-court judgment or order. It identifies the case, the judgment being appealed, the appellant and appellee, and the relief sought. Notices of Appeal set jurisdictional timelines and procedural conditions; missing or defective notices can forfeit appellate rights. In many U.S. jurisdictions Notices of Appeal may be filed electronically and may bear valid electronic signatures under ESIGN and state UETA statutes.

Why a clear, timely Notice of Appeal matters

Filing a clear, timely Notice of Appeal preserves appellate rights, triggers the appellate court's jurisdiction, and starts the record on appeal. Proper preparation reduces procedural dismissal risk and clarifies the scope of issues preserved for review under U.S. appellate rules.

Why a clear, timely Notice of Appeal matters

Who prepares and signs a Notice of Appeal

Typical users who prepare or sign a Notice of Appeal include litigants, appellate attorneys, and court clerks responsible for filing and service.

  • Appellants (individuals or entities) file the Notice to preserve their right to appellate review and to identify the contested judgment or order.
  • Appellate counsel draft precise issues, check jurisdictional deadlines, and arrange designation of the record on appeal and briefing schedules.
  • Clerks and court staff accept filings, apply filing stamps, docket the appeal, and often provide e-filing portals or instructions for service.

Core elements every professional Notice of Appeal should include

A professional Notice of Appeal follows court formatting, lists identity details, cites the order appealed, states jurisdictional grounds, and includes signature and service details to meet local appellate rules.

Case Caption

Include the full party caption exactly as on the trial-court docket so the appellate clerk can match the appeal to the underlying record and avoid misfiling.

Docket Number

Enter the trial-court case or docket number exactly as assigned; incorrect numbers can delay routing and impair record retrieval for the appeal.

Judgment Identified

Cite the exact judgment or order being appealed by date and title so the appellate court can determine the appealable instrument and applicable deadline.

Jurisdiction Statement

State the statutory or rule basis for appellate jurisdiction and note any special jurisdictional facts like interlocutory review or statutory exceptions.

Issues Presented

Provide a concise statement of the issues or grounds intended for appellate review to preserve the scope of review and guide record assembly.

Relief Requested

Specify the outcome sought on appeal (reversal, remand, vacation of order). Clear relief statements help define the appellate briefing focus.

Step-by-step: preparing and filing a Notice of Appeal

Follow these sequential steps to prepare, sign, and file a Notice of Appeal to preserve appellate rights and meet court rules.

  • 01
    Prepare Draft: Identify judgment, caption, and relief; draft concise statement of issues.
  • 02
    Review Deadlines: Compute appeal period from judgment date; confirm local rules.
  • 03
    Sign: Ensure authorized signature; include counsel bar number when applicable.
  • 04
    File & Serve: File with clerk, obtain stamped copy, serve opposing parties per rules.

Where to file and how filing interacts with court workflow

Notices of Appeal are filed with the trial court clerk or the appellate court depending on jurisdiction and local procedures.

  • Trial Court: Often file first with the trial court clerk to perfect the appeal.
  • Appellate Court: Some jurisdictions require direct filing with the appellate court; check local rule.
  • Electronic Filing: Use court e-filing systems where available; comply with format requirements.
  • Service: Serve opposing counsel and file proof of service as required.

Technical considerations for eSigning and electronic submission

Digital filing and eSignature for Notices of Appeal require compatible formats, accepted signer authentication, and retention of audit records.

  • File Formats: PDF/A or court-specific PDF
  • Authentication: Email, SMS, or advanced KBA
  • Integrations: Court e-filing, case management systems

Key filing deadlines and what they mean for a Notice of Appeal

Timelines depend on whether the appeal is federal or state and on whether the United States is a party; follow applicable appellate rules carefully.

Federal Civil Appeals:

30 days from judgment; 60 days if the United States is a party (FRAP 4(a)).

Federal Criminal Appeals:

14 days from entry of judgment (FRAP 4(b)).

State Court Appeals:

Varies by state—commonly 30 days; check state appellate rules.

Extending Deadlines:

Limited extensions available for specific tolling events; rarely granted.

Missing a Deadline:

Failure to timely file typically forfeits the right to appeal.

Common mistakes to avoid when preparing a Notice of Appeal

  • Filing in the wrong court or using the wrong caption leads to administrative rejection and delays while you correct venue or caption errors.
  • Using the incorrect judgment date or case number miscalculates deadlines and can result in an appeal being deemed untimely by the clerk or court.
  • Failing to serve the opposing party or omitting proof of service frequently results in procedural challenges and may delay docketing of the appeal.
  • Relying on an unauthorized signer or failing to include counsel bar numbers risks motions to strike or supplemental filings to cure deficiencies.

Consequences of an incorrect or late Notice of Appeal

Loss of Rights: Forfeiture of the right to appeal.
Dismissal: Court may dismiss the appeal for procedural defects.
Sanctions: Possible sanctions for frivolous or improper filings.
Increased Costs: Additional fees and attorney time to cure defects.
Record Gaps: Incomplete record on appeal can limit reviewable issues.
Delay: Significant postponement of appellate resolution.

How a Notice of Appeal differs from a motion to reconsider

This comparison clarifies purpose, timing, and immediate effects to help choose the correct procedural path after a judgment or order.

Criteria Notice of Appeal Motion to Reconsider
Purpose start appeal ask trial court relief
Timing strict deadline shorter, immediate timeframe
Effect on Judgment doesn't stay automatically may prompt court action
Role in Process transfers jurisdiction keeps matter in trial court

Comparing eSignature vendor pricing and common features

Compare core pricing and feature criteria across vendors commonly used for document signing; signNow is listed first for direct feature and price comparison.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Notices of Appeal

Frequently asked questions below address common procedural, timing, and signature validity issues when preparing a Notice of Appeal.


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