Establishing secure connection…Loading editor…Preparing document…

Notice of Appeal

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

NOTICE OF MOTION TO VACATE JUDGMENT AND DECLARATION (Small Claims)

Name and Address of Court:

SC-135

PLAINTIFF/DEMANDANTE (Name, street address, and telephone number of each):

SMALL CLAIMS CASE NO.:

DEFENDANT/DEMANDADO (Name, street address, and telephone number of each):

Telephone No.:

Telephone No.:

Telephone No.:

Telephone No.:

NOTICE TO

One of the parties has asked the court to CANCEL the small claims judgment in your case. If you disagree with this request, you should appear in this court on the hearing date shown below. If the request is granted, ANOTHER TRIAL may immediately be held. Bring all witnesses, books, receipts, and other papers or things with you to support your case.

Una de las partes en el caso le ha solicitado a la corte que DEJE SIN EFECTO la decisión tomada en su caso por la corte para reclamos judiciales menores. Si usted esta en desacuerdo con esta solicitud, debe presentarse en esta corte en la fecha de la audiencia indicada a continuación. Si se concede esta solicitud, es posible que se efec- túe otro juicio inmediatamente. Traiga a todos sus testigos, libros, recibos, y otros documentos o cosas para presentarlos en apoyo de su caso.

NOTICE OF MOTION TO VACATE (CANCEL) JUDGMENT

1. A hearing will be held in this court at which I will ask the court to cancel the judgment entered against me in this case.

If you wish to oppose the motion you should appear at the court on

HEARING DATE
FECHA DEL JUICIO		 DATE DAY TIME PLACE COURT USE
1.
2.
3.

2. I am asking the court to cancel the judgment for the reasons stated in item 5 below. My request is based on this notice of motion and declaration, the records on file with the court, and any evidence that may be presented at the hearing.

DECLARATION FOR MOTION TO VACATE (CANCEL) JUDGMENT

3. Judgment was entered against me in this case on (date):

4. I first learned of the entry of judgment against me on (date):

5. I am asking the court to cancel the judgment for the following reason:

a. I did not appear at the trial of this claim because (specify facts):

b. Other (specify facts):

6. I understand that I must bring with me to the hearing on this motion all witnesses, books, receipts, and other papers or things to support my case.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

CLERK'S CERTIFICATE OF MAILING

I certify that I am not a party to this action. This Notice of Motion to Vacate Judgment and Declaration was mailed first class, postage prepaid, in a sealed envelope to the responding party at the address shown above. The mailing and this certification occurred at (place): , California,

on (date):

Clerk, by

Deputy

- The county provides small claims advisor services free of charge. -

Form Approved for Optional Use

Judicial Council of California

SC-135 [Rev. January 1, 2007]

Page 1 of 1

Code of Civil Procedure §§ 116.720,

116.730, 116.740

www.courtinfo.ca.gov

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Notice of Appeal Is and when it’s used

A Notice of Appeal is a formal written filing that notifies a court and opposing parties that a decision or order is being appealed to a higher court. The Notice preserves the appellant’s right to appellate review, identifies the judgment or order being appealed, and initiates appellate case processing. Content and timing requirements vary by court level and jurisdiction; federal civil appeals commonly require a timely notice of appeal to perfect appellate jurisdiction. Preparing an accurate Notice of Appeal is the first procedural step in pursuing reversal, modification, or remand of a lower-court ruling.

Why filing a correct Notice of Appeal matters

A properly executed Notice of Appeal preserves appellate rights, controls the scope of appellate review, and triggers appellate timelines. Missing or defective Notices commonly result in dismissal for lack of jurisdiction or forfeiture of issues.

Why filing a correct Notice of Appeal matters

Who typically prepares and files a Notice of Appeal

Timely, accurate filing and service are essential whether a lawyer or a pro se litigant prepares the document.

  • Appellate attorneys who handle briefing, record requests, and oral argument preparation.
  • Pro se appellants who are representing themselves and must meet procedural rules.
  • Trial counsel who preserve issues and coordinate the record on appeal for clients.

Who signs and certifies the Notice of Appeal

Appellant

An individual or entity that lost the lower-court decision. The appellant or an authorized representative signs the Notice and must provide contact and service information for appellate processing and notices.

Attorney

A licensed attorney of record may sign and file the Notice on behalf of the appellant. Counsel typically certifies service and compliance with local appellate rules when submitting the Notice.

Essential information included on a professional Notice of Appeal

Case Caption: Full party names and court title
Docket Number: Lower-court case or docket number
Judgment Date: Date of the order being appealed
Appellant Name: Exact legal name of appellant
Appellee Name: Exact legal name of respondent
Relief Sought: Brief statement of appellate relief

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

Follow these core steps to prepare a compliant Notice of Appeal and meet procedural requirements before the deadline.

  • 01
    Confirm judgment: Identify the exact order or final judgment to appeal.
  • 02
    Check deadline: Determine the appellate filing window for the specific court.
  • 03
    Prepare notice: Complete the Notice with accurate caption and docket number.
  • 04
    File and serve: File with the clerk and serve all parties per rules.

Where you file and how appellate routing works

Filing procedures depend on the court level; notices are filed with the clerk of the court that issued the judgment unless local rules require filing directly with an appellate clerk.

  • Trial court clerk: File the Notice with the lower-court clerk to start the process.
  • Appellate docketing: Clerk assigns an appellate docket number and provides filing instructions.
  • Service on parties: Serve opposing counsel and any required agencies per court rules.
  • Record on appeal: Coordinate reporter’s transcript and record transmission to the appellate court.

Electronic filing, e-service, and platform compatibility

Many courts and clerks accept electronically filed Notices of Appeal and electronic service; check the specific court’s e-filing rules before submission.

  • File format: PDF, PDF/A preferred
  • Authentication: Account or e-filing token often required
  • Integrations: Supports common cloud storage systems

Typical time windows and filing deadlines to watch

Deadlines for a Notice of Appeal differ by jurisdiction and case type; missing the window often forfeits appellate rights.

Federal civil appeals:

Commonly 30 days from entry of judgment

Federal criminal appeals:

Often shorter—frequently 14 days from entry

State appeals:

Varies by state and court—check local rule

Extensions:

Some courts allow short extensions in limited circumstances

Record deadlines:

Transcript and record requests follow separate timelines

Common mistakes to avoid when preparing a Notice of Appeal

  • Filing after the deadline or using the wrong judgment date, which can lead to dismissal for lack of jurisdiction.
  • Incorrect or incomplete case caption or docket number, causing misrouting or delays in docketing by the appellate clerk.
  • Failing to serve all required parties or agencies according to local service rules, which can result in defective service challenges.
  • Neglecting to order or certify the record and transcripts timely, creating gaps that hamper appellate briefing and review.

Consequences of an incorrect or late Notice of Appeal

Dismissal risk: Appeal may be dismissed
Jurisdiction loss: Court lacks appellate jurisdiction
Waiver of issues: Legal issues may be forfeited
Increased costs: Additional fees and attorney time
Sanctions risk: Potential procedural sanctions
Record gaps: Missing record harms review

Key components to include in a professional Notice of Appeal

A complete Notice of Appeal contains structured elements that identify parties, the decision appealed, contact information, and service certification required by appellate rules.

Case caption

Include the full caption exactly as listed in the lower-court docket to ensure the appellate clerk correctly assigns and links the appeal.

Docket number

List the lower-court docket or case number clearly so the appellate clerk can locate the underlying record without delay.

Judgment identification

Cite the specific order or judgment being appealed, and include the date it was entered to establish the triggering event for the appeal.

Appellant contact

Provide the appellant’s mailing address, email, and phone number for service and notices from the appellate court and opposing parties.

Service statement

Include a certificate of service describing how and when opposing parties were served with the Notice, per local appellate rules.

Signature block

The appellant or attorney signs and dates the Notice; include bar number and business address when counsel signs the document.

Example scenarios showing Notice of Appeal use

Real-world examples illustrate how different users approach Notices of Appeal and manage filing steps.

Optica Ventures — Brian Fitzgibbons

A small-business owner needed a clear remote workflow to file appeals quickly

  • Used a simple signing flow to collect counsel authorization
  • The streamlined process reduced turnaround time and helped preserve deadlines while keeping the record organized for appellate briefing.

Martin Properties — Tim Martin

A regional real estate firm coordinated multiple parties for an appeal

  • Collected signed authorizations and service acknowledgements online
  • Consolidating signatures and proof of service into one secure packet made docketing and record transmission more reliable for the appellate clerk.

Comparing eSignature options for preparing and signing Notices of Appeal

Basic pricing and core capabilities for common eSignature vendors. Place technical compliance and file-retention needs first when choosing a provider.

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 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
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 Notices of Appeal

Adopt consistent document processes and verify rule compliance to reduce the risk of dismissal or delay.

Verify the triggering judgment and date
Confirm the exact judgment or order being appealed and its entry date to calculate the correct filing deadline and avoid jurisdictional defects.
Use a filing checklist
Maintain a jurisdiction-specific checklist for the Notice, service requirements, record transmission, and any required certificates to ensure nothing is omitted.
Preserve proof of service and receipt
Retain proof of electronic filing, clerk receipts, and certificates of service in a single, dated folder for appellate counsel and court requirements.
Coordinate record assembly early
Order transcripts and compile exhibits promptly; late or incomplete records create briefing obstacles and may limit appellate reviewable issues.

Frequently asked questions about Notices of Appeal

Answers to common procedural and practical questions about preparing, filing, and serving a Notice of Appeal.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.