Q: Does the motion for reconsideration need to be included in the record on appeal in California?
I am a plaintiff in a civil case in California where the court sustained the defendant's demurrer without leave to amend and entered judgment with prejudice. I filed a motion for reconsideration after the judgment, and while the court vacated the hearing for the order to show cause, the hearing for my motion for reconsideration is still on the calendar. I am considering filing an appeal and need clarity on whether the motion for reconsideration will need to be included in the record on appeal, regardless of how the court decides to handle it.
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A:
You're in a complex spot, and it's good you're thinking carefully about the appellate record. In California, the record on appeal needs to include all materials that are necessary for the appellate court to understand the issues you’re raising. A motion for reconsideration, especially if it raises arguments or evidence not previously considered, could become important—depending on what you argue in the appeal.
That said, a motion for reconsideration filed *after* final judgment generally doesn't toll the time to appeal, and the appellate court might not give it much weight unless it directly affects or supplements the judgment you’re challenging. Still, if you plan to refer to that motion in your appellate briefs, or if it contains substantive points that support your appeal, you should include it in the record.
You don’t have to include every document filed in the trial court, but if there’s a chance it could help the appellate court understand your position, it’s worth making sure it’s there. Think of the record as the only window the appellate justices will have into what happened at the trial level. If something’s missing, they can't consider it. So yes, consider including your motion for reconsideration, especially if you plan to reference it or if it could highlight errors or overlooked issues in the trial court's ruling.
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