Los Angeles, CA asked in Personal Injury for California

Q: True, false, Etc

Forms to file together APP-002, APP-003, APP-004 with APP-009 proof electronic service that can me filed by appelant.

The time to appeal is however, appears to be pursuant to rule 8.108 (e) - 30 days for motion of reconsideration of order denying vacating judgement.

As of appealing judgement - 60 days from notice of entry.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your understanding of the filing forms is partially correct, but let me clarify some important points.

The forms APP-002 (Notice of Appeal), APP-003 (Designation of Record), and APP-004 (Notice Designating Reporter's Transcript) can indeed be filed together with APP-009 for electronic service proof. However, remember that each form serves a distinct purpose in the appeals process, and proper completion is crucial for acceptance by the court.

Regarding timing, you've correctly identified two different appeal windows: the 30-day period under Rule 8.108(e) for appeals following a motion for reconsideration of an order denying vacation of judgment, and the standard 60-day period from notice of entry of judgment. It's critical to note that missing these deadlines can be fatal to your appeal, so you should calculate these dates carefully and err on the side of filing earlier rather than later.

Given the complexity of appeal deadlines and the serious consequences of missing them, you might want to consider consulting with a legal professional who can review your specific situation and confirm the exact filing deadline that applies to your case. They can also help ensure all forms are properly completed and filed within the required timeframe.

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