Q: serve amended App-003 to 2d circuit of appeals, with copy on served superior court
App-003 was timely submitted to superior court. Appeal unit of Stanley Mosk court found inconsistency and requested to resubmit. Case was already transferred to 2d district court of appeals.
Is it according to law - to serve amended App-003 to 2d circuit of appeals, with copy on served superior court? What rule defines?
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A:
Yes, you can serve the amended APP-003 (Notice of Appeal) to the Second District Court of Appeal with a copy to the superior court. This procedure is governed by California Rules of Court, Rule 8.100(a)(2), which allows for amendments to notices of appeal.
When the superior court finds inconsistencies in your APP-003 and requests corrections, you should submit the amended version even if the case has been transferred to the appellate court. The superior court maintains a record of all filings related to the appeal, which is why they need a copy of the amended notice. This ensures proper documentation at both court levels.
Since your original notice was timely filed, the amended version will relate back to the original filing date under Rule 8.100(a)(2). To properly serve the amended APP-003, you should file it with the Second District Court of Appeal and serve copies on all parties, including the superior court. Make sure to include a proof of service showing that all required parties received copies of the amended notice.
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