IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

Similar documents
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number]

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

[Practice Tip: See chapter 2 of the ADI Appellate Practice Manual, et seq., for additional information on constructive filing.

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA. THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, APPEAL FROM THE SUPERIOR COURT OF

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number]

PANEL NEWS ALERT - MARCH 2006

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER NINE APPELLATE DIVISION RULES...201

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT APPELLANT S SECOND SUPPLEMENTAL OPENING BRIEF

COURT OF APPEAL, FOURTH CIRCUIT STATE OF LOUISIANA

Part 3 Rules for Providing Legal Representation in Non- Capital Criminal Appeals and Non-Criminal Appeals

SUMMARY OF FILING REQUIREMENTS FOR BRIEFS AND OTHER DOCUMENTS

IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

SAMPLE FORM F NOTICE DESIGNATING RECORD ON APPEAL

COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE FOURTH APPELLATE DISTRICT, DIVISION TWO MISCELLANEOUS ORDERS

Civil Appellate Self-Help Workshop Welcome

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No John Teixeira; et al., Plaintiffs/Appellants,

RULES OF APPELLATE PROCEDURE NOTICE

Sample argument that Estrada retroactivity applies to SB 180

IN THE SUPREME COURT OF TEXAS

CACJ CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE

Chapter II BAY MILLS COURT OF APPEALS

Superior Court of El Dorado County. Limited English Proficiency (LEP) Plan

The Court Refuses to Honor my Notice of Appeal! What do I do now!?! 1

IN THE COURT OF APPEALS OF IOWA. No / Filed February 13, Appeal from the Iowa District Court for Fremont County, James M.

RECORDS RETENTION AND DISPOSITION SCHEDULE

SIXTH DISTRICT COURT OF APPEALS LOCAL RULES. Pursuant to App.R. 1, the following local rules have been adopted by this court.

COURT OF CALIFORNIA, COUNTY OF

PLAN OF THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. In Implementation of. The Criminal Justice Act

(e) Appearance of Attorney. An attorney may appear in a proceeding in any of the following ways:

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

DISTRICT COURT APPEALS INSTRUCTIONS CIVIL AND CRIMINAL CASES

Justice Court Petition

Hint: It s not a retrial

SEVENTH CIRCUIT BRIEF FILING CHECKLIST

PEOPLE V. HOWARD: ALERT. Reckless Evasion of Police Offense Under Vehicle Code Section Invalidated as a Basis for Second Degree Felony Murder

APPENDIX F. NEW JERSEY JUDICIARY APPELLATE PRACTICE FORMS 1. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION CIVIL CASE INFORMATION STATEMENT

UNDERSTANDING THE APPELLATE PROCESS IN THE FOURTH DISTRICT COURT OF APPEAL

Rule Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.

SENTENCING HEARING TO CONSIDER THE IMPOSITION OF A LIFE SENTENCE FOR JUVENILE OFFENDERS

An Introduction to North Carolina s Judicial Branch

Superior Court of El Dorado County. Limited English Proficiency (LEP) Plan

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION

REGULATIONS FOR THE APPOINTMENT OF COUNSEL IN THE FOURTEENTH JUDICIAL DISTRICT IN CASES UNDER THE INDIGENT DEFENSE SERVICES ACT

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 7 FAMILY LAW

LOCAL RULES OF THE COURT OF APPEAL, FOURTH CIRCUIT SUPPLEMENTING AND/OR SUPERSEDING UNIFORM RULES OF LOUISIANA COURTS OF APPEAL

NC General Statutes - Chapter 15A Article 89 1

COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA PRO SE MANUAL

U.S. MERIT SYSTEMS PROTECTION BOARD APPELLANT'S PETITION FOR REVIEW FORM

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS

Washoe District Court Rule 10 Format of Pleadings Effective 4/23/17

Guam UCCJEA 7 Guam Code Ann , et sec.

ORANGE COUNTY REGISTRAR OF VOTERS 1300 S.GRAND AVENUE, BLDG. C SANTA ANA, CA (714)

REPORT OF THE JUDICIAL COUNCIL APPEALS FROM TERMINATION OF PARENTAL RIGHTS ADVISORY COMMITTEE. November 26, 2007

TITLE 04 DEPARTMENT OF COMMERCE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Representing Yourself in an Eviction Case

SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR HOUSE BILL NO. 2389

The Ohio Court of Appeals Fifth District

Fifth Circuit Court of Appeal

Commonwealth of Kentucky Court of Appeals

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA BARBARA ) ) ) ) ) ) ) ) ) ) Plaintiff,

Committee for Public Counsel Services Assigned Counsel Manual Policies and Procedures. Performance Standards and Complaint Procedures

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FAMILY COURT Domestic Relations Branch RELATED CASES: OPPOSITION TO MOTION

TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS [RULES 523 to 591. Repealed effective August 31, 2013]

STATE OF INDIANA ) IN THE MARION SUPERIOR COURT

Gibson, William v. Dawn of Hope Development Center, Inc.

TITLE VII ESTABLISHMENT OF THE SUPREME COURT OF THE MISSISSIPPI BAND OF CHOCTAW INDIANS

RULES AND REGULATIONS OF THE ALAMEDA COUNTY BAR ASSOCIATION. CRIMINAL COURT APPOINTED ATTORNEYS PROGRAM (Effective May 1, 2013)

TENNESSEE RULES OF APPELLATE PROCEDURE RULE 3 APPEAL AS OF RIGHT: AVAILABILITY; METHOD OF INITIATION

TO BE FILED IN THE COURT OF APPEAL

TRIBAL CODE CHAPTER 82: APPEALS

Rule Change #1998(14)

Alaska UCCJEA Alaska Stat et seq.

FACSIMILE FILING RULE FOR SIDNEY MUNICIPAL COURT

Court of Appeal of Alberta Criminal Appeal Rules Approved by the Court of Appeal April 16, 2018, Canada Gazette (2018) SI/ , 152 C Gaz II, 1050

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs February 5, 2008

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Time: Dept: C53

[Additions to the text are indicated in underlining and deleted text is shown by strikeover.]

Arizona UCCJEA Ariz. Rev. Stat et seq.

6 California Criminal Law (4th), Criminal Appeal

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL

JUDICIARY OF GUAM ELECTRONIC FILING RULES 1

APPENDIX A RULES GOVERNING PRACTICE IN THE MUNICIPAL COURTS

VIRGIN ISLANDS SUPREME COURT RULES (as amended November 2, 2011)

[Dist Ct. No.: 3:12-CV WHO] IN THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT. JOHN TEIXEIRA; et al., Plaintiffs - Appellants, vs.

Instructions for Filing an Emergency Motion

CACJ CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE

NC General Statutes - Chapter 15A Article 46 1

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:10-CT-3123-BO ) ) ) ) ) ) ) ) )

Indiana UCCJEA Ind. Code Ann

Rhode Island UCCJEA R.I. Gen. Laws et seq.

Nevada UCCJEA Nev. Rev. Stat. 125A.005 et seq.

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

FILED: NEW YORK COUNTY CLERK 07/06/ :22 PM INDEX NO /2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 07/06/2018

INMATE FORM FOR CIVIL ACTIONS FILED IN THE COURT OF APPEALS OF GEORGIA

A Guide for SelfRepresentation

Transcription:

Parts in blue print are instructions to user, not to be included in filed document unless so noted. [Parts and references in green font, if any, refer to juvenile proceedings. See Practice Note, this web page, for guidance in adapting forms to juvenile cases.] Practice tip: See the ADI February 4, 2011, Panel News Alert at http://www.adi-sandiego.com/news_alerts.html for timing of augment requests in criminal, delinquency, and dependency appeals. See also Extensions, Augmentations, and Corrections on the Fourth Appellate District Practice page. If the request is beyond the specified time limit, an explanation for the late augment request should be included. Practice tip: This topic is covered in chapter 3 of the ADI Appellate Practice Manual. [Attorney s name, bar number] [Address and telephone number] [Email address and fax number if available] Attorney for Defendant [name] IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER] THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. [Appellant s name], Defendant and Appellant. Court of Appeal No. [number] Superior Court No. [number] APPELLANT S REQUEST FOR [MISSING PARTS OF NORMAL RECORD / AUGMENTATION OF THE RECORD / EXTENSION OF TIME TO FILE APPELLANT S OPENING BRIEF]. Include only applicable matters I.

REQUEST FOR MISSING PARTS OF THE RECORD As required by California Rules of Court, rules [8.320 and 8.340(b) / 8.410 / 8.416(d)], appellant requests the following items be transmitted to the Court of Appeal with copies to appellate counsel. These items are part of the normal appellate record under rule [8.320 / 8.407]. They must be included to permit a thorough appellate review for possible issues. The Supreme Court has identified at least two basic tools constitutionally necessary for a complete and adequate appeal by an indigent: (1) a competent attorney on appeal, acting as an advocate on behalf of the indigent and (2) an appellate record that will permit a meaningful, effective presentation of the indigent s claims. (People v. Barton (1978) 21 Cal.3d 513, 518.) A. Clerk's transcript [Enumerate missing parts, with citations to record as needed.] California Rules of Court, rule [8.320(b) / 8.407(a)], provides that the normal clerk s transcript on appeal must contain these matters. [Specify appropriate rule subdivisions. Provide all known details, including filing date, title and description of document, etc.] [If feasible:] The requested document is attached to this motion, as provided by rule 8.155(a)(2).

This record is important to appellate counsel s identification of issues on appeal. [Briefly explain relevance to appeal.] B. Reporter s transcript California Rules of Court, rule [8.320(c) / 8.407(b)], provides that the normal reporter s transcript on appeal must contain [specify missing parts listed in the applicable rule, with citations to record and appropriate rule subdivision]. This record is important to appellate counsel s identification of issues on appeal. [Briefly explain relevance to appeal.] II. REQUEST TO AUGMENT RECORD ON APPEAL Under rules 8.155(a) and [8.340(c) / 8.410 / 8.416(d)] of the California Rules of Court, appellant requests an order augmenting the record on appeal as specified below. Appellate counsel must exercise diligence in investigating all potential arguably meritorious issues suggested by the record on appeal and to augment that record based on suggestions of appellant and inferences contained in the appellate record. This request is necessary to discharge that duty. (See People v. Johnson (1981) 123 Cal.App.3d 106, 109.)

A. Clerk s transcript [Enumerate documents requested, with citations to record as needed. Provide all known details, including filing date, title and description of document, etc.] [Explain relevance to appeal.] B. Reporter s transcript [Enumerate proceedings for which a reporter s transcript is requested, with citations to record and applicable rules as needed. Provide all known details dates and times, judge s name and department, reporter s name and CSR number, etc., to help identify exact proceeding.] [Explain relevance to appeal.] III. LIST OF REQUESTED ADDITIONS TO THE RECORD 1. [Enumerate, with identifying details.] 2. * * *

IV APPLICATION FOR EXTENSION OF TIME TO FILE APPELLANT S OPENING BRIEF I request that the time to file appellant s opening brief be extended by thirty days after the filing of the augmented record. Present Due Date: Notice Under Rule 8.360(c)(5): Date Appointed: Record filed: Record Length: Sentence: I need more time for the following reasons: Appellate counsel has completed a review of the record and made every effort to expedite the filing of this augmentation request. Granting an extension of time to file appellant s opening brief following the augmentation of the record will create no harm and permit appellate counsel time to adequately represent appellant s interests by raising all arguably meritorious issues before this court. (In re Smith (1970) 3 Cal.3d 192, 202-203; People v. Barton (1978) 21 Cal.3d 513, 518-520.) I declare under penalty of perjury under the laws of the state of California that this statement and the attached pages are true and correct. Dated: [date] Respectfully submitted, [Attorney s name] State Bar No. [number] Attorney for Defendant [name]

PROOF OF SERVICE