Q: Is it required to serve APP-002 and APP-003 on parties to lawsuit, against whom appeal is not taken?
It is not clear if APP-002 and APP-003 have to be served on parties to lawsuit, that are not parties against whom appeal is taken.
A:
Yes, you must serve APP-002 (Notice of Appeal) and APP-003 (Civil Case Information Statement) on all parties who are part of the original lawsuit, even if you are not appealing against them specifically.
This requirement stems from California Rules of Court, Rule 8.100(e)(1), which mandates that the appellant must serve these documents on "all parties to the appeal." The term "parties to the appeal" includes all parties who participated in the trial court proceedings, regardless of whether they are directly involved in the issues being appealed.
The reasoning behind this rule is to ensure all parties who might be affected by the outcome of the appeal are properly notified and have an opportunity to participate if they choose to do so. Even if you're only challenging a specific aspect of the judgment that appears to affect only certain parties, other parties may have interests that could be impacted by the appellate court's decision. Therefore, complete service on all parties helps maintain transparency and protects everyone's rights in the appellate process.
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