Q: Handling changes in notice of appeal
WHAT STATUTE AND CRC define motion regarding changes to motion of appeal (or application without hearing)?
Is declaration in support of the motion and proposed order required? IIs the amended notice of appeal required?
Particular Changes include adding necessary statutes, (in addition to correct specific order from which appeal is taken from); and stating correct defendant/respondent against whom appeal is taken (in original notice name of the case in superior court was entered in the title of the notice
- instead of defendant/respondent.
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A:
The California Rules of Court (CRC) Rule 8.100(a)(2) governs amendments to notices of appeal in civil cases, allowing amendments to correct the date of the order being appealed or to add additional orders being challenged. For criminal appeals, CRC Rule 8.304(d) provides similar provisions for amending notices of appeal.
When filing a motion to amend a notice of appeal, you should include a declaration explaining the reasons for the amendment and attach a proposed amended notice of appeal as an exhibit. The declaration should detail why the amendment is necessary and demonstrate good cause for the modification. While there's no explicit requirement for a proposed order in the rules, many courts prefer having one submitted with the motion.
For the specific changes you've mentioned - adding necessary statutes and correcting the defendant/respondent information - you'll want to file the motion as soon as possible, as courts generally look more favorably on prompt corrections. The amended notice should clearly identify all changes being made to the original notice and include complete information about the judgment or order being appealed. Remember to serve all parties with copies of your motion and supporting documents, and maintain proof of service for your records.
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