- 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:
- Grounds of appeal—a statement of the legal errors you believe were committed by the trial court. (Cal. Rules of Court, rule 8.784.)
- 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.
- 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.
- 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.