You fill out California Form APP-002 by checking the boxes that pick which parts of the trial court record you want sent up to the Court of Appeal, then signing, dating, and filing it in the superior court that handled your case within 10 days after you file your Notice of Appeal. The form is officially called the Notice Designating Record on Appeal (Unlimited Civil Case) and it is the road map that tells the clerk and the court reporter exactly what paperwork and hearing transcripts the appellate justices will read.
Missing a box, missing a deadline, or skipping the deposit can sink your appeal before a single argument is heard, because the California Rules of Court Rule 8.122 lets the clerk refuse to prepare a record without proper designation and payment. About 97% of civil appeals in California are decided without oral argument changing the result, according to the Judicial Council Court Statistics Report, which means the written record you designate on APP-002 is almost always the entire ball game.
Here is what you will learn in this guide:
- 📝 Line-by-line walkthrough of every box, option, and signature line on APP-002
- ⚖️ How federal appellate principles shape California’s record-on-appeal rules
- 💰 Exact deposit amounts, fee waivers, and the cost of skipping them
- 🧑⚖️ Three named real-world examples covering tenants, drivers, and small businesses
- 🚫 Seven common mistakes that get appeals dismissed and how to dodge each one
What Form APP-002 Actually Is and Why It Exists
Form APP-002 is the Judicial Council’s official Notice Designating Record on Appeal for unlimited civil cases, meaning cases where the amount in controversy was more than $35,000 as defined by Code of Civil Procedure § 88. The form’s job is to translate the federal idea of an “appellate record” — rooted in Federal Rule of Appellate Procedure 10 — into a California-specific checklist that the superior court clerk and any court reporter can follow without guessing.
Federal appeals start with FRAP 10, which lets the appellant designate the parts of the record needed for review, and California mirrors that idea but adds a strict 10-day clock and a deposit requirement. The state rule lives in California Rules of Court Rule 8.121, and it tells you the notice must be filed in the superior court, not the Court of Appeal.
The plain-English point is simple. APP-002 is the order ticket. The clerk and reporter are the kitchen. If you do not write down the dish, you do not get fed.
The consequence of skipping the form or filing it late is severe, because under Rule 8.140, the appellate court can dismiss your appeal or treat the missing record as supporting the trial court’s ruling. A common misconception is that filing the Notice of Appeal (APP-001) is enough — it is not, because APP-001 only opens the appeal while APP-002 actually builds the record.
Limited Civil vs. Unlimited Civil
If your case was a limited civil case (under $35,000), you use Form APP-003 instead, which goes to the Appellate Division of the Superior Court. APP-002 is reserved for unlimited civil cases that head up to one of the six California Courts of Appeal districts.
The wrong form gets rejected at the filing window, costing you days you do not have. A litigant named Maria who sues her former employer for $80,000 in unpaid wages would use APP-002 because the case is unlimited civil. A litigant named Devon who sues a contractor for $12,000 in damaged tile would use APP-003 because the case is limited civil.
A common misconception is that the dollar amount of the judgment decides which form applies. It does not. The classification of the case at the time it was filed controls, under Rule 8.821.
Where APP-002 Fits in the Appeal Timeline
You file APP-001 first, then APP-002 within 10 days, then the clerk and reporter prepare the record, then briefs are exchanged. The whole sequence is laid out in the Self-Help Guide to Civil Appeals, which the Judicial Council updates regularly.
Skipping the order means your record never gets built, and an appeal without a record is an appeal without evidence. The Court of Appeal in Jameson v. Desta (2018) 5 Cal.5th 594 warned that an inadequate record forces the appellate court to presume the trial court got it right.
Step-by-Step: Filling Out Every Section of APP-002
The form has a caption block, six numbered sections, a signature line, and a proof of service. Every line matters because the clerk uses your entries to pull files and the reporter uses them to estimate transcript pages.
Caption Block
At the top, you list the superior court name and street address, the case name (e.g., Smith v. Jones), the trial court case number, and the Court of Appeal case number if one has been assigned. The Court of Appeal number is often blank when you first file APP-002, and that is fine — leave it empty rather than guessing.
A misconception is that you can put your home address in the caption. You cannot. The caption is for the court’s address, while your contact info goes in the attorney/party box on the upper left, as explained in the Judicial Council form instructions.
The consequence of a wrong caption is a rejected filing or a misrouted record. A litigant named Priya who writes the Court of Appeal address in the caption will see her form bounce back from the superior court clerk because the form is filed below, not above.
Section 1: Appellant’s Identity
Section 1 asks who is filing the notice. You check whether you are the appellant or cross-appellant and write your name. This must match the name on your Notice of Appeal exactly.
A mismatch — for example, Robert Lee Carter on APP-001 but Bob Carter on APP-002 — can trigger a clerk rejection under local filing rules. Always use the legal name from the original complaint, as suggested by the California Courts Self-Help Center.
The consequence of a name mismatch is delay, and delay can blow the 10-day clock. A common misconception is that nicknames are fine because the case is “obviously” the same; the clerk’s database does not see it that way.
Section 2: Record of Written Documents
Section 2 is where you choose how the written documents from the trial court travel up to the Court of Appeal. You have three options:
- A clerk’s transcript prepared by the superior court under Rule 8.122
- An appendix that you assemble yourself under Rule 8.124
- The original superior court file under Rule 8.128, which is rare and usually requires court approval
If you pick the clerk’s transcript, you must list every document you want included, by title and filing date, in box 2a(1). Generic descriptions like “all motions” do not count.
The consequence of a vague designation is that the clerk leaves out the document, and the Court of Appeal cannot consider what is not in the record under Cal. Rules of Court 8.204(a)(1)(C). A litigant named Carlos who writes “all summary judgment papers” risks losing the supporting declarations because the clerk needs the exact document title and date.
A misconception is that the appendix option is cheaper. It can be, because you skip the clerk’s deposit, but you must prepare, paginate, and bind the appendix yourself, which takes hours of work and printer toner.
Section 3: Reporter’s Transcript
Section 3 covers oral proceedings — the spoken record made by the court reporter. You check the box if you want a reporter’s transcript and then list each hearing date, the type of proceeding, the reporter’s name if you have it, and whether you want the full hearing or only part.
Under Rule 8.130, you must serve a copy on the reporter and pay or arrange a deposit. The reporter then estimates the cost and sends a notice through the clerk.
The consequence of skipping a key hearing is that the Court of Appeal cannot review what was said at trial. A litigant named Ayesha who appeals a jury verdict but forgets to designate the closing arguments transcript will lose any argument that turns on what counsel told the jury.
A common misconception is that you can request a transcript later if you change your mind. You can amend, but only within tight windows under Rule 8.130(f), and amendments cost more time and money.
Section 4: Agreed or Settled Statement
If you cannot afford a reporter’s transcript or no reporter was present, you may use an agreed statement under Rule 8.134 or a settled statement under Rule 8.137. The agreed statement is a written summary both sides sign. The settled statement is a summary the trial judge reviews and approves after a hearing.
The consequence of choosing a settled statement is added time, because the judge must hold a hearing to settle the statement. A litigant named Henry who lost a small bench trial without a court reporter can use a settled statement to give the appellate court enough context to review legal errors.
A misconception is that an agreed statement is “less official.” It is fully part of the record under Rule 8.134(a) and the appellate court treats it the same as a reporter’s transcript.
Section 5: Deposits and Fee Waivers
Section 5 confirms you have paid the deposit or qualify for a waiver. The clerk’s transcript deposit is $100 under Rule 8.122(c). The reporter’s transcript deposit varies, but the reporter must give you an estimate under Rule 8.130(b).
If you cannot pay, you file Form FW-001 to ask for a waiver. The Supreme Court in Jameson v. Desta held that fee-waiver litigants are entitled to court-paid reporters in civil trials, which directly affects the deposit line on APP-002.
The consequence of an unpaid deposit is that the clerk does not start the record. A misconception is that you can pay later — you cannot, because Rule 8.140(b) lets the court dismiss your appeal for non-payment.
Section 6: Signature and Proof of Service
Section 6 is your signature, date, and printed name. You must also fill out a Proof of Service (POS-040) showing you served the other side and any court reporter you named in Section 3.
The consequence of an unsigned form is automatic rejection. A misconception is that an electronic signature is invalid; it is valid under Code of Civil Procedure § 17(b)(7) when properly executed.
Three Real-World Scenarios With Examples
Below are three of the most common APP-002 situations, each shown as a two-column table mapping the choice you make to the consequence that follows.
Scenario 1: Tenant Appealing Eviction Judgment
Linda loses an unlawful detainer trial after a one-day bench trial with a court reporter, and she appeals.
| Choice on APP-002 | Result for Linda |
|---|---|
| Designates clerk’s transcript with full motion list | Appellate court sees every demurrer and motion, preserving all legal errors for review |
| Skips reporter’s transcript to save money | Loses ability to challenge the judge’s evidentiary rulings made on the record |
| Files Form FW-001 for fee waiver | Receives court-paid reporter under Jameson v. Desta, preserving the oral record at no cost |
Scenario 2: Driver Appealing Personal Injury Verdict
Marcus loses a jury trial after a three-week personal injury case and wants to challenge the jury instructions.
| Choice on APP-002 | Result for Marcus |
|---|---|
| Designates full reporter’s transcript including jury instruction conference | Preserves the exact wording disputes that drive his appellate argument |
| Picks appendix under Rule 8.124 | Saves clerk’s deposit but must self-prepare a paginated appendix on tight deadline |
| Forgets to serve the court reporter | Reporter never starts the transcript, blowing the production deadline |
Scenario 3: Small Business Appealing Contract Ruling
Sunrise Bakery LLC, owned by Aisha, loses a contract dispute after a bench trial without a reporter.
| Choice on APP-002 | Result for Sunrise Bakery |
|---|---|
| Chooses settled statement under Rule 8.137 | Gets a judge-approved summary of the trial that the Court of Appeal can review |
| Tries to file without designating any oral record | Court of Appeal presumes trial judge ruled correctly under Foust v. San Jose Construction |
| Uses agreed statement signed by opposing counsel | Skips judge hearing entirely and speeds up the record by weeks |
Mistakes to Avoid When Filing APP-002
Even small errors on APP-002 can dismiss an appeal, so this list is essential reading before you sign and file.
- Missing the 10-day deadline. The clock starts when APP-001 is filed, and Rule 8.121(a) is unforgiving; a late notice can mean no record at all.
- Filing in the wrong court. APP-002 is filed in the superior court, never the Court of Appeal, and a misfiled form is treated as not filed.
- Vague document descriptions. Writing “all pleadings” instead of listing each document by title and date causes the clerk to omit key papers from the clerk’s transcript.
- Forgetting to serve the court reporter. Under Rule 8.130(b), the reporter must receive the notice to start work, and an unserved reporter does nothing.
- Skipping the deposit or fee waiver. No money means no record, and dismissal under Rule 8.140 becomes a real risk.
- Designating only part of a hearing. Partial transcripts trigger Rule 8.130(b)(3), which lets the respondent demand the rest at your expense.
- Confusing APP-002 with APP-010. APP-010 is for the Appellate Division (limited civil) clerk’s transcript, and using the wrong form gets the filing rejected.
- Not signing the form. An unsigned APP-002 is not a notice at all, and the clerk will reject it on sight.
- Skipping the Proof of Service. Without POS-040, opposing counsel can claim no notice and seek to strike the record.
- Ignoring local rules. Some counties, like Los Angeles Superior Court, add cover-sheet or e-filing requirements that can trip up a paper filer.
Do’s and Don’ts for APP-002
The form rewards precision and punishes shortcuts, so use this list as a final pre-filing pass.
Do’s:
- Do calendar the 10-day deadline the moment you file APP-001, because Rule 8.121 is jurisdictional in practice.
- Do list every document by title and date so the clerk can pull each one without guessing.
- Do request a fee waiver early using FW-001 if money is tight, because waivers take time to process.
- Do confirm the court reporter’s name by calling the courtroom clerk, because reporters change and your transcript request must reach the right person.
- Do keep file-stamped copies of APP-002 and the proof of service for your own records, since you will need them if there is a dispute over filing.
Don’ts:
- Don’t guess on document titles, because the clerk’s database is exact and a wrong title means a missing document.
- Don’t assume the clerk will catch your errors, because the clerk’s job is to file, not to fix.
- Don’t pay the reporter directly without a written estimate, because Rule 8.130(b) requires a formal deposit through the clerk.
- Don’t skip designating jury instructions or verdict forms, because those documents anchor most jury-trial appeals.
- Don’t forget the Court of Appeal will read only what you designate, because anything missing is treated as if it never existed.
Pros and Cons of Each Record Option
Each option on APP-002 has trade-offs, and choosing wisely depends on your budget, your timeline, and the issues you plan to raise.
Pros of the Clerk’s Transcript:
- Official certification by the superior court clerk gives the appellate court full confidence in authenticity.
- No self-assembly required, because the clerk does the pagination and binding.
- Predictable cost of a $100 starting deposit under Rule 8.122.
- Easy to amend by filing a notice of correction, which the clerk can process quickly.
- Familiar to appellate justices, because most California civil appeals use this format.
Cons of the Clerk’s Transcript:
- Slower production, because clerks juggle many cases at once and unlimited civil records can take months.
- Higher long-run cost if the case is document-heavy, because per-page charges add up.
- No control over formatting, because the clerk decides how documents are arranged.
- Risk of clerk error, because vague designations lead to omissions you may not catch until briefing.
- Deposit due upfront, which strains litigants without fee waivers.
Pros of the Appendix Under Rule 8.124:
- Faster turnaround, because you control the timeline and prepare the appendix yourself.
- Lower court fees, because no clerk’s deposit is required.
- Total control over the order and content of the documents.
- Easier to coordinate with your appellate brief, since you can paginate to match your citations.
- Useful for document-light appeals, where only a few orders matter.
Cons of the Appendix:
- Heavy self-prep burden, because you must paginate, index, and bind under Rule 8.124(d).
- Risk of incompleteness, which the respondent can exploit by filing a respondent’s appendix.
- Sanctions risk if you include irrelevant or argumentative material, per In re Marriage of Davenport (2011).
- No clerk certification, so authenticity disputes can slow review.
- Not allowed in every appeal, because some courts disfavor appendices in complex records.
Key Entities You Should Know
Several people and offices touch APP-002, and knowing their roles speeds the record-building process.
The superior court clerk receives the form, pulls documents, and prepares the clerk’s transcript under Rule 8.122. The court reporter transcribes the oral proceedings and is governed by Rule 8.130. The Court of Appeal clerk receives the finished record once the superior court certifies and transmits it.
The Judicial Council of California publishes APP-002 and updates it through the Judicial Council Forms portal. The Appellate Division handles limited civil appeals and uses APP-003 instead.
A misconception is that the appellate justices play a role in record preparation. They do not. They read only what arrives, which is why a careful APP-002 matters so much.
Recap of Key California Appellate Rulings
Several appellate decisions interpret the rules behind APP-002 and shape how courts treat record errors.
In Jameson v. Desta (2018) 5 Cal.5th 594, the California Supreme Court held that fee-waiver litigants are entitled to court-paid official reporters in civil trials, which removes a major barrier to designating a reporter’s transcript on APP-002. The decision overturned a longstanding county policy that left low-income litigants without a verbatim record.
In Foust v. San Jose Construction Co. (2011) 198 Cal.App.4th 181, the Court of Appeal reaffirmed that an inadequate record requires the appellate court to presume the trial court’s order was correct, dooming the appeal. The lesson is that what you leave off APP-002 you also lose on appeal.
In In re Marriage of Davenport (2011) 194 Cal.App.4th 1507, the appellate court sanctioned an appellant for filing an abusive appendix, showing that even self-prepared records under Rule 8.124 carry duties of accuracy and good faith.
Filing Logistics, Service, and E-Filing
You file APP-002 either in person at the superior court filing window or through the county’s e-filing portal, where one is mandated. Several counties, including Orange County Superior Court, require electronic filing for represented parties under local rule, and the California Rules of Court 2.253 authorizes that mandate.
Service on the other side is governed by Rule 8.25, and you must serve every party that appeared below, plus any court reporter you named. The proof of service must list each person served, the method, and the date.
The consequence of bad service is that the respondent can move to strike or seek additional time, slowing your appeal. A misconception is that email service is always allowed; it is allowed only if the recipient consented or is required to accept e-service under Code of Civil Procedure § 1010.6.
Comparing APP-001, APP-002, APP-003, and APP-010
These four forms are easy to confuse, so a side-by-side comparison helps.
| Form | Purpose |
|---|---|
| APP-001 | Notice of Appeal in unlimited civil case, starts the appeal |
| APP-002 | Designates the record on appeal in unlimited civil case |
| APP-003 | Notice of Appeal/Cross-Appeal in limited civil case |
| APP-010 | Designates clerk’s transcript in Appellate Division cases |
The takeaway is that APP-002 only applies once an unlimited civil appeal is already on file, and you must use the right partner forms before and after.
How Federal Appellate Practice Influences APP-002
Federal courts use FRAP 10 and FRAP 11 to assemble the record, and California’s rules borrow heavily from that structure. The federal system also allows a “joint appendix” similar to California’s appendix option under Rule 8.124.
The big federal-state difference is timing. Federal appellants have 14 days to order the transcript under FRAP 10(b), while California appellants have 10 days under Rule 8.121.
The consequence of confusing the two systems is a missed deadline, which can dismiss the appeal under Rule 8.140. A misconception is that California allows the federal 14-day window; it does not, and assuming so will cost you the case.
FAQs
Do I have to file APP-002 if I already filed APP-001?
Yes. APP-001 only opens the appeal, while APP-002 designates the record under Rule 8.121. Without APP-002, no record gets prepared and your appeal stalls.
Can I file APP-002 in the Court of Appeal?
No. APP-002 must be filed in the superior court that handled the trial, per Rule 8.121(a). Filing in the wrong court means the form is treated as not filed.
Is the 10-day deadline ever extended?
Yes. Limited extensions are available under Rule 8.66 for emergencies and natural disasters. You must request the extension promptly and show good cause.
Do I need a court reporter’s transcript for every appeal?
No. You can use an agreed or settled statement under Rules 8.134 and 8.137. These are good when no reporter was present.
Can I get the deposit waived?
Yes. File Form FW-001 to request a waiver of the clerk’s and reporter’s deposits. Jameson v. Desta supports waiver litigants getting a free reporter.
Is APP-002 the same as APP-003?
No. APP-003 covers limited civil appeals to the Appellate Division. APP-002 covers unlimited civil appeals to the Court of Appeal under Rule 8.121.
Can I amend APP-002 after filing?
Yes. You may amend under Rule 8.122(b) and Rule 8.130(f). Time limits are tight, so amend as soon as you spot the gap.
Do I have to serve the court reporter?
Yes. Service on the reporter is required by Rule 8.130(b) so the reporter can prepare the transcript. Skipping this stops the transcript cold.
Can I use my own appendix instead of a clerk’s transcript?
Yes. Rule 8.124 allows an appellant’s appendix in lieu of a clerk’s transcript. You must paginate, index, and bind it correctly.
Does my e-signature count on APP-002?
Yes. Electronic signatures are valid under Code of Civil Procedure § 17(b)(7) and Rule 2.257. The form must still bear the signer’s typed or scanned mark.
What happens if I miss a hearing date in Section 3?
No. The Court of Appeal will not consider what was said at that hearing. The omission is treated as if no oral record exists for that date under Rule 8.130.
Can the respondent add to my designation?
Yes. The respondent may file a counter-designation within 10 days under Rule 8.122(a)(2). The respondent pays for any added items they request.
Related reading
- How to Fill Out California Form APP-003 (w/Examples) + FAQs
- How to Fill Out California Form APP-004 (w/Examples) + FAQs
- How to Fill Out California Form APP-005 (w/Examples) + FAQs
- How to Fill Out California Form APP-006 (w/Examples) + FAQs
- How to Fill Out California Form APP-008 (w/Examples) + FAQs
- How to Fill Out California Form APP-009 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs