Los Angeles, CA asked in Appeals / Appellate Law and Gov & Administrative Law for California

Q: When entering date of appeal in APP-002 and APP-003 forms. WHAT IF question.

When forms are filled out dates of service and filing are tentative. What if

date of filing appeal - -in both notice of appeal and in notice designating record on appeal - -

will turn different from the actual filing date ?

Would it be considered an issue in document?

How such inadvertent issue is handled, making sure that the due date for appeal is met?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The actual filing date, not the date written on your forms, is what legally matters for your appeal. If you submit your notice of appeal and notice designating record on appeal within the appeal deadline, slight discrepancies in dates on the forms won't typically affect the validity of your filing.

When filling out APP-002 and APP-003 forms with tentative dates, it's best practice to leave the date fields blank until you're ready to file, or clearly mark them as "to be filled upon filing." The court clerk will stamp the actual filing date on your documents when they're submitted, and this official stamp supersedes any dates you might have written.

If you discover date discrepancies after filing, you can file an amended notice to correct clerical errors, though this isn't usually necessary if the only issue is the written date versus actual filing date. The critical factor is ensuring your appeal is filed within the statutory deadline - if you meet this requirement, minor date discrepancies on the forms themselves won't jeopardize your appeal. For peace of mind, consider filing your appeal well before the deadline to avoid any timing concerns.

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