Local Rules of Court

San Francisco Superior Court

Rule 15

Rule 15 - Guidelines for Preparing Appeals from San Francisco Superior Court 15.0 General Provisions. A. These guidelines apply only to appeals in unlimited jurisdiction matters to the First District Court of Appeal in San Francisco. The guidelines do not apply to small claims appeals or to appeals in limited jurisdiction cases. The guidelines also do not apply to appeals to federal courts. B. The guidelines describe what needs to be done in appealing an unlimited jurisdiction case. For information about what additional information or documents the Court of Appeal needs, please contact them at (415) 865-7200.

15.1 Notice of Appeal. The notice of appeal is filed with the Appeals Division of the Office of the Clerk of the Superior Court, Room 103. The notice of appeal should be accompanied by two checks for clerks' fees, as specified in LRSF 15.2. 15.2 Filing Fees. Filing fee in the amount pursuant to G.C. 68926, made payable to the Court of Appeal, and deposit pursuant to G.C. 68926.1, made payable to San Francisco Superior Court, for the clerk's transcript. A. Failure to deposit the appropriate fees within ten (10) days after filing the notice of appeal will result in the appeal being placed in default. B. Payment of these fees is not avoided by electing to follow CRC §8.120. C. The same fee requirements apply to the filing of a cross appeal. D. These fees may be waived only if the appellant is proceeding in forma pauperis, has completed the appropriate court forms and meets the criteria or is approved by the Court. E. Note, there will be additional fees to complete the record on appeal which are described in more detail below. 15.3 Notice Designating Clerk's Transcript. A. The record needed for appeal consists of two parts. The first is the clerk's transcript which contains the relevant documents from the Court file in the case. The second part is the reporter's transcript which is the transcript of the oral testimony heard in the case. The process for identifying the contents of each part of the transcript is described below. B. Every civil appeal requires the appellant to file a designation of what should be in the clerk's transcript on appeal. The Clerk's Transcript consists of those documents filed or lodged with the clerk of the Superior Court designated by the parties to be included in the record on appeal. Appellant must file their notice of designation with the Appeals Division within ten (10) days after filing the notice of appeal. A proof of service of the designation on respondents must be attached to appellant's notice. C. Designation of the clerk's transcript can be made either through CRC §§8.1208.124, 8.128. You should evaluate each of the following alternatives and determine which is the most cost effective method for you and your client. 1. Election to follow CRC §8.124 requires the appellant to prepare an appendix of documents pertinent to the appeal rather than the Court
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Local Rules of Court

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preparing the transcript. Under this rule, there is no additional cost (beyond the $100) to the appellant for the clerk's transcript. 2. Election to follow Rule 5 involves appellant designating the specific documents contained in the court file which are then copied and made into the clerk's transcript on appeal. Appellant must pay the Superior Court for the cost of preparing this transcript (discussed further below). The CRC §8.120 designation should be specific, and limited to documents specifically pertinent to the appeal record. Rule 5(d) describes the documents that are required to be included in the clerk's transcript. A computer printout listing the documents in the court file may be obtained from the Record's Division in Room 103, 400 McAllister Street. Respondent may file a notice designating additional papers for inclusion in the clerk's transcript within ten (10) days of service of the appellant's designation. 1. Election to follow CRC §8.128 (see also Local Rule 9 of the Court of Appeal for the First Appellate District) means that the original court file will be numbered and indexed by the clerk's office. The file will then be bound and sent to the Court of Appeal. Copies of the index are then sent to counsel of record for use in paginating their files and for references to the record in their briefs. Parties do not receive copies of the file as they do under CRC §8.120. The Clerk's Office will provide an estimate of the cost of preparing the file and index. Cost of Clerk's Transcript Under CRC §8.120. Once the total cost has been estimated the Superior Court will notify the appellant and respondent of the estimated cost of preparation of the clerk's transcript on appeal. Appellant is charged at a rate of $1.50 per page for two copies of the clerk's transcript. For example, if appellant designates 400 pages of court documents, the total cost of the clerk's transcript will be $600. After notification of the estimated fee, the appellant must deposit that amount with the clerk. Failure to deposit the required fees in a timely manner will result in the appeal being placed in default. After the appellant has deposited the estimated cost of the clerk's transcript, the Appeals Division begins preparation of the record. This includes numbering, indexing, copying, and binding each volume of the clerk's transcript on appeal. Trial exhibits are not copied into the record. Instead, they are transmitted directly to the Court of Appeal pursuant to CRC §8.147 if they are in the possession of the court. If exhibits are not in the court's possession and were ordered returned, parties or their attorneys need to be contacted and instructed to send exhibits directly to the Court of Appeal. When the entire record on appeal has been completed in accordance with CRC §§8.144-8.150, it is filed and certified to the Court of Appeal by the Superior Court. Copies will be sent to the parties. Correction or augmentation of the record is made pursuant to CRC §8.155.

Notice Requesting Reporter's Transcript. A. The Reporter's Transcript is the verbatim record of the court proceedings necessary for appellate review. To procure the Reporter's Transcript, the appellant
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Local Rules of Court

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must file a Notice to Prepare Reporter's Transcript (this is often combined with the Notice to Prepare Clerk's Transcript) within ten (10) days of the filing of the Notice of Appeal. The appellant must also deposit fees at this time to pay for the preparation of the record. If fees are not deposited, your notice to prepare will not be filed, but merely stamped "Received" and returned to you. If the fees are not deposited within ten (10) days of the stamping of the notice, the appeal will be placed in default. Proceedings to be included in or omitted from the Reporter's Transcript must be designated by date, not subject matter. To determine the correct amount to deposit, you may use one of the following methods: 1. Statutory Deposit. Staff of the Appeals Division of the Superior Court Clerk's Office, upon your request, will send you a listing of all calendared proceedings in this case. You may complete your request by listing the dates of transcripts you wish prepared, and enclosing a check made out to the Clerk of San Francisco Superior Court for $325 for each half-day (or less) session and $650 for each full-day session listed. For instance, a hearing lasting 30 minutes requires a deposit of $325. You should carefully select the items from the computer printed list, because every time a matter is on calendar, it generates a listing and a "reported by" line, even if the matter was only continued, or if there were no appearances or oral proceedings at all. This is the fastest method of complying with the code. Any surplus deposit will be refunded to you when the transcripts are completed. 2. Deposit of Reporter's Estimate. You may get an estimate from each reporter involved in your appeal transcript, and deposit the total of such estimates. The attorney's declaration of reporter's oral estimate or a written estimate from the reporter must justify such total. If there are numerous short matters, this estimate could be less than the statutory deposit. As an aid to those choosing this method, you may circle the sessions you require (note italicized caveat above) and fax it to the managing reporter at (415) 551-3775. The managing reporter will attempt to get estimates from the individual reporters and will fax the information back to you so you can make the correct deposit. This procedure will take several days. Please indicate a contact person in your firm who will be responsible for preparing this notice and deposit. If you have any questions, please contact the managing reporter at (415) 551-3775. 3. Filing in Lieu of a Deposit. A third method of complying with this rule is if you already have in your possession original reporters' transcripts of the proceedings you wish to use, you may file them in lieu of a deposit. If the reporter has already been paid for and prepared the transcripts, even though you do not have possession of the originals, he or she may be willing to waive deposit of fees. Reporters' transcript fees cannot be waived for parties in forma pauperis who are unrepresented by counsel. The above reporter's fee requirements also apply to the respondent who wishes to designate additional proceedings to be transcribed. However, respondent may not
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request a reporter's transcript of proceedings unless the appellant has done so, and must do so within ten (10) days of the appellant's notice. The voir dire examination of jurors, the opening statements, the arguments to the jury, and the proceedings on a motion for new trial will not be transcribed as a part of the oral proceedings unless they are specified in the notice to the Clerk.

15.5

Preparation of Reporter's Transcript. A. The reporter's transcript will generally be prepared within sixty (60) days after receiving the Clerk's notice that all deposits have been made and directing the reporter to prepare the transcript, pursuant to CRC §8.130. Under CRC §8.130, the reporter is given thirty (30) days to complete the transcript with an automatic 30day extension if it involves a trial of one day or longer. Transcripts of short matters, such as law and motion matters, are generally finished earlier, but the entire transcript must be complete before it is transmitted to the Court of Appeal. B. The original of the transcript will be filed by the reporter with the Clerk who will forward it to the Court of Appeal when all transcripts are completed. The reporter will deliver a copy of the transcript to any party who has paid for it.

15.6 Notice of Cross Appeal. Once a notice of appeal has been filed, any party other than the appellant may file a notice of cross-appeal, within twenty (20) days after the mailing of the clerk's notice of filing of notice of appeal (CRC §8.108). Pursuant to CRC §8.150, one record on appeal is prepared for both the appellant and the cross-appellant, and each party is required to deposit the full cost of preparation of the clerk's and reporter's transcript. 15.7 Appeal in Default. If the record on appeal is not designated or if required fees are not paid within the prescribed time limits, the appeal may be placed into default by the Superior Court. This means that no further work will be done on the appeal until the defect which caused the default is cured. If this is not done within fifteen (15) days, the Court of Appeal may dismiss the appeal. A. For more information, contact the San Francisco Superior Court Appeals Division at (415) 551-3670. The Court of Appeal can be contacted at (415) 865-7200.

Rule 15 amended effective January 1, 2004; adopted July 1, 1998; amended effective January 1, 2000.

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