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

Q: Rule that defines modifications to Notice of Appeal, NOT to records. 8.155 irrelevant.

Under which statute or rule modifications in notice of appeal are defined?

Rule 8.155 irrelevant since references records, not notice of appeal.

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James L. Arrasmith
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Answered

A: Rule 8.108 governs modifications to notices of appeal in California. This rule specifically addresses amendments to notices of appeal and outlines when such modifications are permitted.

The rule allows you to amend your notice of appeal to correct or add information about the judgment or order being appealed. These amendments can be made without leave of court at any time before the record is filed. After the record is filed, you'll need the reviewing court's permission to make any changes.

The key distinction from Rule 8.155 is important here - while 8.155 deals with augmenting or correcting the record on appeal, Rule 8.108 specifically addresses changes to the notice of appeal itself. This includes situations like correcting clerical errors, adding omitted information, or clarifying which specific orders are being appealed. Remember that maintaining accuracy in your notice of appeal is crucial, as it establishes the scope of appellate review.

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