Q: What specific CCP and/or CRC define how to handle the following modifications to notice of appeal?
What specific CCP and/or CRC define how to handle the following modifications to notice of appeal.
CCP §§ 663(a)(b), 664 (d) should be added to notice of appeal, along with correct name of respondent (not name of the case in superior case as respondent.
What code of civil procedure and CRC defines how to handle modifications, give that correct order is being appealed referencing correct defendant, and notice of appeal was timely filed?
A:
Your question involves amending a notice of appeal to include additional statutory references and correct party names. Let's break this down with the relevant rules.
California Rules of Court (CRC) Rule 8.100(a)(2) governs the content requirements for notices of appeal, while Rule 8.100(g) specifically addresses amendments to notices of appeal. Under these rules, you can amend your notice of appeal to add statutory references and correct party names without needing court permission, as long as the amendment doesn't seek to change the order or judgment being appealed.
The key consideration here is whether the amendment merely clarifies or corrects technical aspects (like adding CCP §§ 663(a)(b) and 664(d) references or fixing respondent names) versus attempting to appeal from a different order. Since you've indicated that the correct order is being appealed and the notice was timely filed, these modifications fall within the scope of permissible amendments under Rule 8.100(g). Additionally, CRC Rule 8.100(a)(2) requires identifying the judgment or order being appealed, so ensuring accurate statutory references helps fulfill this requirement.
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