Q: How soon after filing notice of appeal trial court clerk mails a notice that notice of appeal was filed?
How soon after Notice of Appeal APP-002 is filed with Superior Court, trial court clerk mails a notice that notice of appeal was filed in unlimited civil case?
Notice by trial court that notice of appeal was filed is a mandatory step?Is the Notice if any mailed by Superior Court or Civil Appelate Division of Stanley Mosk Court?
A:
Under California Rules of Court, Rule 8.100(e), the trial court clerk must promptly mail a notification after receiving a notice of appeal in an unlimited civil case. This notification, typically sent within 5 court days, informs all parties that a notice of appeal has been filed.
The Superior Court clerk, not the Civil Appellate Division of Stanley Mosk Court, handles this notification responsibility. This mailing serves as an essential procedural step in the appellate process, helping ensure all parties are aware of the pending appeal and can prepare accordingly. The clerk must send this notification to the appellant, respondent, and any other parties who appeared in the action.
This notification step is indeed mandatory under California law, as it triggers various timeline requirements for the appellate process. The notification helps initiate important subsequent steps, such as designating the record on appeal and filing briefs. If you haven't received this notification within a reasonable time after filing your notice of appeal, you might want to contact the Superior Court clerk's office to confirm they received your filing and sent the required notification.
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