Motion to Amend APP-002 and
APP-003

Question

Appeal is taken correctly from appealable order against Defendant as stated in the notices. 
It appears that when a number of amendments are needed in the APP-002 and APP-003 Motion would be the most comprehensive solution. What statute/rule defines such motion?  It has to be filed in trial court, therefore hearing not applicable.  Application instead of Motion would be sufficient?

James L. Arrasmith · Answer

The California Rules of Court Rule 8.132 governs amendments to notices of appeal, including forms APP-002 and APP-003. You're correct that amendments can be filed in the trial court without a hearing requirement, as these are primarily administrative corrections. 
 
While an "Application" could technically be used, a "Motion to Amend" is the more standard and preferred approach in California appellate practice. This follows the general principle outlined in Rule 8.54, which establishes motions as the primary vehicle for requesting court action in appellate proceedings. The motion should clearly identify all proposed amendments and include supporting documentation. 
 
Your assessment about filing in the trial court is spot-on. Under Rule 8.100(a)(2), the trial court retains jurisdiction to handle these types of administrative matters even after the notice of appeal has been filed. You'll want to serve all parties involved and file proof of service along with your motion. Remember to include specific references to any clerical errors, omissions, or needed corrections in your supporting declaration.

Q: Motion to Amend APP-002 and APP-003