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

Q: Can both Amended App-003 and App-004 be on the same proof of service APP-009?

Amended notice of appeal APP-002 should be submitted to superior court.

APP-004 should be submitted to court of appeals.

Can both Amended App-003 and App-004 be on the same proof of service APP-009?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: While both APP-003 and APP-004 forms serve different purposes and go to different courts, they can be included on the same APP-009 proof of service form. The key is to clearly list all documents being served and their respective recipients.

When preparing your APP-009, make sure to indicate that the amended APP-003 is being served on the superior court parties, while the APP-004 is being served on the court of appeal and its parties. You'll need to properly identify all recipients and their addresses in the proof of service form.

Keep in mind that although you can use one APP-009 for both documents, you must ensure timely service according to each court's requirements. The amended notice of appeal (APP-002) should be filed with the superior court first, followed by proper service of both APP-003 and APP-004 to their respective courts and parties as documented on your APP-009.

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