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2014 California Rules of Court

Rule 8.821. Notice of appeal

(a) Notice of appeal

(1)To appeal from a judgment or appealable order in a limited civil case, except a small claims case, an appellant must serve and file a notice of appeal in the superior court that issued the judgment or order being appealed. The appellant or the appellant's attorney must sign the notice.

(2)The notice of appeal must be liberally construed and is sufficient if it identifies the particular limited civil case judgment or order being appealed.

(3)Failure to serve the notice of appeal neither prevents its filing nor affects its validity, but the appellant may be required to remedy the failure.

(b) Filing fee

(1)Unless otherwise provided by law, the notice of appeal must be accompanied by the filing fee required under Government Code sections 70621 and 70602.5, an application for a waiver of court fees and costs on appeal under rule 8.818, or an order granting an application for a waiver of court fees and costs. The filing fee is nonrefundable.

(2)The clerk must file the notice of appeal even if the appellant does not present the filing fee or an application for, or order granting, a waiver of court fees and costs.

(Subd (b) amended effective January 1, 2013; previously amended effective July 1, 2009.)

(c) Failure to pay filing fee

(1)The clerk must promptly notify the appellant in writing if:

(A)The court receives a notice of appeal without the filing fee required by (b) or an application for, or order granting, a waiver of court fees and costs;

(B)A check for the filing fee is dishonored; or

(C)An application for a waiver under rule 8.818 is denied.

(2)A clerk's notice under (1)(A) or (B) must state that the court may dismiss the appeal unless, within 15 days after the notice is sent, the appellant either:

(A)Pays the fee; or

(B)Files an application for a waiver under rule 8.818 if the appellant has not previously filed such an application or an order granting such an application.

(3)If the appellant fails to take the action specified in the notice given under (2), the appellate division may dismiss the appeal, but may vacate the dismissal for good cause.

(Subd (c) amended effective July 1, 2009.)

(d) Notification of the appeal

(1)When the notice of appeal is filed, the trial court clerk must promptly mail a notification of the filing of the notice of appeal to the attorney of record for each party and to any unrepresented party. The clerk must also mail or deliver this notification to the appellate division clerk.

(2)The notification must show the date it was mailed and must state the number and title of the case and the date the notice of appeal was filed.

(3)A copy of the notice of appeal is sufficient notification under (1) if the required information is on the copy or is added by the trial court clerk.

(4)The mailing of a notification under (1) is a sufficient performance of the clerk's duty despite the death of the party or the discharge, disqualification, suspension, disbarment, or death of the attorney.

(5)Failure to comply with any provision of this subdivision does not affect the validity of the notice of appeal.

(e) Notice of cross-appeal

As used in this rule, "notice of appeal" includes a notice of cross-appeal and "appellant" includes a respondent filing a notice of cross-appeal.

Rule 8.821 amended effective January 1, 2013; adopted effective January 1, 2009; previously amended effective July 1, 2009.

Advisory Committee Comment

Subdivision (a). Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) may be used to file the notice of appeal required under this rule. This form is available at any courthouse or county law library or online at www.courts.ca.gov/forms.htm.

Subdivision (b). For information about the amount of the filing fee, see the current Statewide Civil Fee Schedule linked at www.courts.ca.gov/7646.htm (note that the "Appeal and Writ Related Fees" section appears near the end of the schedule and that there are different fees for limited civil cases depending on the amount demanded in the case.)

Subdivision (c)(2). This subdivision addresses the content of a clerk's notice that a check for the filing fee has been dishonored or that the reviewing court has received a notice of appeal without the filing fee, a certificate of cash payment, or an application for, or order granting, a fee waiver. Rule 8.818(e) addresses what an appellant must do when a fee waiver application is denied.

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