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Appeals

Proposed Statement

  1. In most cases you must prepare a Proposed Statement to provide a complete record on appeal. To submit a
    Proposed Statement, you must file it within 15 days after filing the Notice of Appeal. Form TR-160, Proposed
    Statement on Appeal, is recommended. (Cal. Rules of Court, rule 8.784.) The Proposed Statement should contain all of the following:
    1. Grounds of appeal—a statement of the legal errors you believe were committed by the trial court. (Cal. Rules of Court, rule 8.784.)
    2. An official transcript or a statement of the evidence or trial procedures relevant to each of your grounds of appeal. (Cal. Rules of Court, rule 8.784.) If your trial was recorded, you may obtain a copy of the recording and produce your own summary or transcript. In some counties, a certified transcript of a recorded trial may be available. If an official court reporter's transcript is available, you may use a certified copy of the reporter's transcript.

    NOTICE: The filing of a Proposed Statement is required in order to prepare a Settled Statement. Although it is technically possible for an appeal to proceed in the absence of a Settled Statement, as a practical matter in almost all cases such a statement will be necessary for the appellate division to meaningfully review the appeal. The Proposed Statement must be filed with the clerk of the trial court.

  2. If you proceed with your appeal by way of a Settled Statement, you may either complete form TR-160 or prepare your own Proposed Statement. The document should be TYPED if possible. If an official transcript is not available, your Proposed Statement must include a statement of the evidence or trial procedures.
  3. In addition to filing the original Proposed Statement with the court, a copy of your Proposed Statement must be served in person or by mail to the district attorney or city attorney where the case was tried.

 

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