Los Angeles, CA asked in Appeals / Appellate Law for California

Q: Serving amended notices APP-002 and APP-003, and APP-004. Recipients of service.

Who should be served? What rule defines recipients of service?

Shall party to lawsuit that is NOT respondent to appeal be served?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California Rules of Court, rule 8.25(a), you must serve all documents filed in an appellate proceeding on all parties to the appeal. This includes the appellant's notice of appeal (APP-002), notice designating record on appeal (APP-003), and the civil case information statement (APP-004).

The key recipients for service include all respondents to the appeal, their attorneys of record, and any other party whose interests might be affected by the appeal's outcome. You should also serve the trial court judge or court clerk. While parties to the original lawsuit who are not participating in the appeal don't need to be served with most appellate documents, it's recommended to serve them with the initial notice of appeal to ensure complete notification.

For electronic service, follow rule 8.78, which outlines specific requirements for electronic transmission. Remember that some documents may require proof of service, which you can complete using form APP-009. If you're unsure about specific parties to serve, you can reference the proof of service from the judgment or order being appealed, as those parties typically should receive notice of appellate proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.