Q: True statement? Serving/filing of appeal
APP -002 and APP- 003 (10 day lag for APP- 03 not required) can be served and filed together with trial court.
APP-003 must be served and filed with appellate court 15 days after notice of trial court clerk.
Within 40 or 70 days from notice opening brief must be served and filed with appellate court.
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A:
The statement contains some inaccuracies regarding California appellate procedure that need clarification.
While you can file the APP-002 (Case Information Statement) with the trial court, the APP-003 (Designation of Record) must be filed within 10 days after filing the notice of appeal - this 10-day requirement cannot be waived. The APP-003 is filed with the trial court, not the appellate court, and there isn't a 15-day requirement after the clerk's notice.
Regarding the opening brief timeline, you're partially correct - it must be served and filed within 40 days after the record is filed in the Court of Appeal, or within 70 days after the filing of the notice of appeal if you're proceeding without a reporter's transcript under rule 8.124. These deadlines are crucial, and missing them could seriously impact your appeal. If you need more time, consider filing an extension request before the deadline.
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