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

Q: Which statute and/or rule defines amendments to already filed APP-002 and APP-003?

CRC 8.100 is IRRELEVANT to amendments of APP-002 and APP-003. Which statute and/or rule defines amendments to already filed APP-002 and APP-003?

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James L. Arrasmith
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Answered

A: The California Rules of Court (CRC) Rule 8.25(b) governs amendments to documents filed in appellate courts, including modifications to previously submitted APP-002 (Notice of Appeal) and APP-003 (Appellant's Notice Designating Record on Appeal) forms.

Under this rule, you can amend your filed APP-002 or APP-003 by submitting the corrected document along with a declaration explaining the changes. The court clerk must accept the amended filing unless the presiding justice orders otherwise. However, if the amendment substantially changes the original filing, you should seek permission from the court before submitting it.

It's important to note that while Rule 8.25(b) provides the general framework for amendments, local court rules may impose additional requirements or deadlines. You should check with your specific appellate district's local rules and contact the court clerk's office if you have questions about their specific procedures for amending these forms.

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