Q: Which rule defines motion to amend notices app-002 and app-003?
Rule 8.108 defines extending time to appeal, NOT amending notices. Which rule defines motion to amend notices app-002 and app-003?
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A:
California Rule of Court 8.100(a)(2) defines the process for amending notices of appeal, including forms APP-002 and APP-003. This rule specifically states that an appellant may amend the notice of appeal without leave of court at any time before the record is filed.
Under this rule, you must serve and file the amended notice in the superior court. The amendment may add or substitute parties or modify the judgment or order being appealed. However, keep in mind that the amendment cannot go beyond the time limits for filing a valid notice of appeal.
If you're dealing with situations where the record has already been filed, you would need to seek permission from the reviewing court to amend your notice of appeal. The court has discretion to grant or deny such requests based on the specific circumstances of your case and whether the amendment would prejudice other parties.
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