Form APP-003 is the Appellant’s Notice Designating Record on Appeal for an unlimited civil case in California, and you fill it out by selecting which trial-court documents and oral proceedings the Court of Appeal will review. You file the completed form in the superior court that issued the judgment, not in the Court of Appeal, and you must do so within 10 days after filing your Notice of Appeal under California Rules of Court, rule 8.121.
This form decides what the appellate justices actually see. A wrong box, a missed deadline, or a skipped deposit can sink an otherwise strong appeal under rule 8.100(c), which authorizes dismissal for procedural defaults.
According to the Judicial Council of California’s 2024 Court Statistics Report, the six Courts of Appeal disposed of more than 18,000 civil and criminal appeals last fiscal year, and a meaningful share were dismissed for record or procedural problems traceable to forms like APP-003.
Here is what this guide will give you:
- 📝 A line-by-line walkthrough of every box, choice, and signature line on Form APP-003
- ⚖️ The federal-to-state legal framework that governs civil appeals and record designation
- 🧑⚖️ Three named-person scenarios showing real filings and their outcomes
- 🚫 A list of the most common mistakes that trigger default notices and dismissals
- 💡 A complete FAQ answering the questions appellants ask after they file
Federal Backdrop and Why California Stands Apart
Civil appeals in the United States start with a constitutional truth: there is no federal constitutional right to appeal a state civil judgment, as the U.S. Supreme Court explained in M.L.B. v. S.L.J., 519 U.S. 102 (1996). Federal courts handle civil appeals through the Federal Rules of Appellate Procedure, which use a different record-designation system under FRAP Rule 10. California state appeals do not use FRAP. Instead, they use California Rules of Court, Title 8, which sets the stage for APP-003.
The federal scheme matters because many self-represented appellants confuse the two systems. A federal appellant uses a statement of issues and a transcript order form, while a California appellant uses Form APP-003 to designate the clerk’s transcript and the reporter’s transcript in one filing. The consequence of confusion is real: filing a federal-style designation in a California superior court does not satisfy rule 8.121, and the clerk will not prepare your record. A common misconception is that the appellate court itself prepares the record without instruction, but California law puts that burden squarely on the appellant.
The reason California uses APP-003 is to push record-cost decisions to the party who chose to appeal. The California Legislature set this allocation in Code of Civil Procedure section 909, and the Judicial Council implemented it through standardized forms. A real-world example is the appeal in In re Marriage of Carlsson, 163 Cal.App.4th 281 (2008), where record-designation choices shaped the entire scope of review.
What Form APP-003 Actually Is
Form APP-003 is a Judicial Council optional-use form, most recently revised January 1, 2019, that an appellant in an unlimited civil case files to tell the superior court clerk which documents and which oral proceedings to include in the appellate record. The form is governed by California Rules of Court, rules 8.121 through 8.137. It is not the Notice of Appeal itself; that document is Form APP-002.
The form serves three jobs at once. It tells the clerk whether you want a clerk’s transcript, an appendix, or the original superior court file, it tells the clerk whether you want a reporter’s transcript or a statement on appeal, and it confirms that you have paid or waived the required deposits. The consequence of leaving any of these jobs incomplete is a notice of default under rule 8.140, which gives you 15 days to cure before the appeal is dismissed. A common misconception is that APP-003 is for limited civil cases, but those use Form APP-103 instead.
A practical example helps. Maria Hernandez loses a breach-of-contract trial in Los Angeles Superior Court for $250,000. She files APP-002 within 60 days under rule 8.104, then files APP-003 within 10 days to designate the clerk’s transcript and the reporter’s transcript of the four-day trial. Without APP-003, the Court of Appeal would have nothing to read.
When and Where to File APP-003
You file APP-003 in the superior court clerk’s office of the same court that issued the judgment, not in the Court of Appeal. The form itself states this in capital letters near the top, and rule 8.121(a) confirms it. You may file in person, by mail, or electronically through the court’s e-filing portal where available, often TrueFiling under rule 8.70 et seq..
The deadline is 10 days after you file your Notice of Appeal, set by rule 8.121(a). If you miss this deadline, the clerk will issue a notice under rule 8.140, and you have 15 days to cure. The consequence of failing to cure is dismissal of the appeal, although the dismissal may be vacated for good cause under rule 8.140(b). A common misconception is that the 60-day appeal clock under rule 8.104 also governs APP-003; it does not.
A real example is David Kim, who appeals a $1.2 million judgment from Santa Clara Superior Court. He files APP-002 on March 1, 2026, and his APP-003 deadline is March 11, 2026. He files on March 10 through TrueFiling and pays the deposits the same day, securing his record without a default notice.
Line-By-Line Walkthrough of APP-003
The form has a caption block at the top, four numbered sections, and a signature block. Each piece carries its own consequences.
Caption: Court, Parties, and Case Number
The caption asks for the superior court name and street address, the plaintiff and defendant names, the superior court case number, and the Court of Appeal case number if assigned. You must use the exact captioning style from the underlying case. The consequence of a mismatched caption is a clerk rejection or a delayed file-stamp under local rules like Los Angeles Local Rule 3.220. A real example: Janet Wu mistypes her case number as “BC123456” instead of “BC123465,” and the clerk routes her form to the wrong file, costing her four days.
A common misconception is that the Court of Appeal number must be present at filing. It usually is not assigned until the superior court transmits the notice under rule 8.122, so leave that field blank if unknown.
Section 1: Record of Documents Filed in the Superior Court
Section 1 asks how you want the written record prepared. You must check one of these options:
- 1a — Clerk’s transcript under rule 8.122
- 1b — Appendix under rule 8.124
- 1c — Original superior court file under rule 8.128, available only in some counties
- 1d — Agreed statement under rule 8.134
If you choose 1a, you list every document you want in the clerk’s transcript, including the file-stamp dates, and you must include the mandatory documents listed in rule 8.122(b)(1): the notice of appeal, judgment, notice of entry, and any motion for new trial. You must also pay a deposit estimated at $100 plus 50 cents per page under Government Code section 68926.1. The consequence of skipping the deposit is a default under rule 8.122(c).
If you choose 1b, you skip the deposit because you assemble the appendix yourself, but you take on the burden of producing a complete and accurate record under rule 8.124(g). A real example: Carlos Mendez picks the appendix to save $400 in deposits, then accidentally omits the trial court’s tentative ruling. The Court of Appeal cannot consider the omitted ruling, and his argument fails.
A common misconception is that option 1c is universally available. Most large counties, including Los Angeles and Orange, do not allow original-file transmission, and choosing it triggers a clerk rejection.
Section 2: Record of the Oral Proceedings in the Superior Court
Section 2 asks how you want the oral record prepared. You must check one or more of these options:
- 2a — I elect to proceed WITHOUT a record of the oral proceedings
- 2b — Reporter’s transcript under rule 8.130
- 2c — Agreed statement under rule 8.134
- 2d — Statement on appeal is not an APP-003 option in unlimited cases; that is for limited civil under rule 8.916
If you choose 2a, you waive any argument that depends on what was said in court, including evidentiary objections, jury instruction objections, and witness credibility. The California Supreme Court reinforced this rule in Foust v. San Jose Construction Co., 198 Cal.App.4th 181 (2011), holding that without a reporter’s transcript the appellate court presumes the trial court was correct.
If you choose 2b, you must list each hearing date, identify the court reporter, and pay the reporter’s deposit under rule 8.130(b). The deposit covers the reporter’s estimate, often $1,000 to $5,000 for a multi-day trial. The consequence of underpaying is that the reporter is not required to start work, and the deadline to deliver the transcript under rule 8.130(f) does not start.
A real example: Priya Patel appeals a wrongful-termination verdict and checks 2b, listing the three trial days plus the post-trial JNOV hearing. She deposits $3,200 with the reporter and her transcript is delivered in 30 days.
Section 3: Deposit for the Cost of the Clerk’s Transcript
Section 3 confirms whether you have paid the estimated deposit, applied for a fee waiver, or are exempt. The fee waiver is Form FW-001, and the exemption rules sit in Government Code section 68631. The consequence of leaving Section 3 blank is automatic default under rule 8.122(c).
A common misconception is that a trial-court fee waiver carries forward automatically. It often does, but you should still attach the prior order or a fresh FW-001 to avoid clerk confusion. A real example: Anthony Russo assumes his trial-court waiver applies and checks the wrong box, triggering a 15-day cure notice and a stressful scramble.
Section 4: Number of Copies and Other Logistics
Section 4 asks how many copies you want and whether you need an electronic version under rule 8.144. The default is one paper original plus one electronic copy. Extra copies cost extra under Government Code section 68926.1. The consequence of asking for too few copies is having to order more later at a higher cost.
Signature Block
The form must be signed and dated by the appellant or the appellant’s attorney of record under rule 8.121(c). An unsigned form is treated as not filed, and the deadline keeps running. A common misconception is that an electronic signature with “/s/” is not acceptable; under rule 8.77 it usually is, when filed through an approved e-filing portal.
Three Common Scenarios
Scenario 1: Appellant Wants Full Record
| Filing Choice | Result for Your Appeal |
|---|---|
| Check 1a (clerk’s transcript), list all key documents, pay $400 deposit | Clerk prepares full transcript within 30 days under rule 8.122(c) |
| Check 2b (reporter’s transcript), list every hearing, pay reporter’s deposit | Reporter prepares transcript within 30 days under rule 8.130(f) |
| Sign, date, file in superior court within 10 days | Record transmitted to Court of Appeal, briefing schedule begins |
Scenario 2: Appellant on a Tight Budget
| Filing Choice | Result for Your Appeal |
|---|---|
| Check 1b (appendix) to avoid clerk’s deposit | You assemble the record yourself under rule 8.124 |
| File FW-001 for fee waiver | Reporter and clerk costs may be waived under rule 3.55 |
| Check 2b but request reporter at court expense if eligible | Transcript prepared without out-of-pocket cost |
Scenario 3: Appellant Challenges Only a Legal Ruling
| Filing Choice | Result for Your Appeal |
|---|---|
| Check 1a, designate only the demurrer briefing and order | Smaller, cheaper clerk’s transcript |
| Check 2a (no oral record) because issue is purely legal | No reporter’s deposit, but waive evidentiary arguments |
| Sign and file within 10 days | Streamlined record, faster briefing |
Named-Person Examples
Example 1 — Maria Hernandez, Breach-of-Contract Plaintiff. Maria loses in Los Angeles Superior Court and wants to challenge the trial court’s exclusion of expert testimony. She checks 1a and 2b, lists the four trial days plus the Daubert-style 402 hearing, and pays a $2,800 reporter deposit. Her record arrives complete, and she preserves every evidentiary issue.
Example 2 — David Kim, Defendant Hit With $1.2M Judgment. David appeals only the legal sufficiency of the contract under Civil Code section 1624, the Statute of Frauds. He checks 1b for an appendix and 2a for no oral record, saving over $4,000 in deposits. The Court of Appeal reviews the legal question on the documents alone.
Example 3 — Priya Patel, Employment Plaintiff. Priya challenges a defense verdict in Santa Clara County. She checks 1a and 2b, designates every hearing, including the motion in limine and the JNOV motion, and timely pays both deposits. The record is complete, and the Court of Appeal reverses on a jury-instruction issue she preserved at trial.
Mistakes to Avoid
- Filing in the Court of Appeal instead of the superior court. The clerk will reject the filing, and the 10-day clock keeps running under rule 8.121(a).
- Skipping the deposit in Section 3. Default notice issues under rule 8.122(c), and dismissal can follow.
- Choosing 2a (no oral record) when your issues need transcripts. You waive credibility and evidentiary arguments under Foust v. San Jose Construction.
- Forgetting to list mandatory documents under rule 8.122(b)(1). The clerk omits them, and the Court of Appeal cannot review unlisted documents.
- Using APP-103 instead of APP-003 for an unlimited civil case. The clerk rejects the wrong form, costing you days.
- Not signing the form. An unsigned form is treated as not filed under rule 8.121(c).
- Designating an appendix without understanding rule 8.124. Incomplete appendices waive arguments.
- Missing the reporter’s deposit deadline. The reporter does not start work under rule 8.130(b).
- Confusing APP-003 with the Civil Case Information Statement APP-004. Both are required but serve different purposes.
- Failing to serve opposing counsel. Service is required under rule 8.25, and proof of service must accompany the filing.
Dos and Don’ts
Do:
- Read APP-001-INFO first, because it explains each option in plain English and prevents the most common errors.
- Calendar all three deadlines — the 60-day appeal deadline under rule 8.104, the 10-day APP-003 deadline under rule 8.121, and the 15-day cure window under rule 8.140.
- Pay deposits promptly, because no deposit means no record, and no record means no appeal.
- List every relevant hearing in 2b, since you cannot add hearings after the fact without a motion to augment under rule 8.155.
- Serve opposing counsel and file proof of service, because rule 8.25 requires it.
Don’t:
- Don’t file in the Court of Appeal, because that court has no jurisdiction over record designation under rule 8.121.
- Don’t pick 2a casually, because Foust presumes correctness without a transcript.
- Don’t ignore default notices, because the cure window under rule 8.140 is short and unforgiving.
- Don’t assume your trial-court fee waiver carries over without paperwork, because clerks need a clean record under Government Code section 68631.
- Don’t delay the reporter’s deposit, because the 30-day clock under rule 8.130(f) only starts when the deposit is paid.
Pros and Cons of Each Record Option
Pros of Clerk’s Transcript (1a):
- Complete and certified by the superior court clerk under rule 8.122.
- No assembly burden on the appellant.
- Predictable cost based on page counts.
- Mandatory documents are auto-included, reducing oversight risk.
- Transmitted directly to the Court of Appeal.
Cons of Clerk’s Transcript:
- Higher upfront deposit, often $400 or more.
- Slower in busy counties.
- Less control over what is included.
- Errors require motions to correct under rule 8.155.
- Page fees add up for long cases.
Pros of Appendix (1b):
- Lower upfront cost, since you assemble it yourself.
- Faster when you control the timeline.
- Tailored content to the issues on appeal.
- No clerk backlog dependence.
- Useful for legal-only appeals where the record is small.
Cons of Appendix:
- Heavy burden on the appellant under rule 8.124(g).
- Risk of incompleteness that waives arguments.
- Sanctions for omitting adverse documents.
- Requires legal judgment about relevance.
- Not ideal for long, document-heavy trials.
Key Entities You Should Know
- The Judicial Council of California approves and revises APP-003 under Government Code section 68511.
- The Superior Court Clerk receives the form, prepares the clerk’s transcript, and issues default notices.
- The Court of Appeal receives the transmitted record and decides the appeal across six districts.
- The Court Reporter prepares the reporter’s transcript, regulated by the Court Reporters Board of California.
- The California Department of Justice appears in some civil appeals on behalf of the State.
Recap of Key Rulings
The California Supreme Court in Lester v. Lennane, 84 Cal.App.4th 536 (2000) reinforced that an inadequate record requires the appellate court to presume the judgment is correct, which raises the stakes of every APP-003 choice. In In re Marriage of Carlsson, the Court of Appeal stressed that a complete reporter’s transcript is essential when challenging trial-court conduct. The U.S. Supreme Court in M.L.B. v. S.L.J. confirmed the federal backdrop that civil appellants must follow state procedures like APP-003 to be heard.
FAQs
Is APP-003 the same as the Notice of Appeal?
No. The Notice of Appeal is Form APP-002, filed first. APP-003 designates the record and is filed within 10 days afterward under rule 8.121.
Do I file APP-003 in the Court of Appeal?
No. You file it in the superior court that issued the judgment, as stated on the form and in rule 8.121(a).
Can I use APP-003 for a limited civil case?
No. Limited civil cases use Form APP-103 under rule 8.831. APP-003 is for unlimited civil only.
Will I lose my appeal if I miss the 10-day deadline?
No, not automatically. The clerk issues a 15-day cure notice under rule 8.140. Miss the cure, and dismissal follows.
Can I appeal without ordering any reporter’s transcript?
Yes, but you waive arguments that depend on what was said in court under Foust v. San Jose Construction.
Is there a filing fee for APP-003 itself?
No separate fee for the form, but the $775 appeal filing fee under rule 8.100(b) and the clerk’s-transcript deposit under Government Code 68926.1 apply.
Can I get a fee waiver for the deposits?
Yes. File Form FW-001 under Government Code section 68631 and rule 3.55 if you qualify by income or public benefits.
Do I need an attorney to fill out APP-003?
No, you may file pro per, but APP-001-INFO and free clinics through California Courts Self-Help are strongly recommended for first-time appellants.
Can I add documents to the record after I file APP-003?
Yes, by motion to augment the record under rule 8.155, but the Court of Appeal may deny if the omission was avoidable.
Is electronic filing of APP-003 allowed?
Yes, in courts that have adopted TrueFiling or similar portals under rule 8.70 et seq., with electronic signatures permitted under rule 8.77.
What happens after the record is prepared?
Yes, briefing begins. The clerk transmits the record to the Court of Appeal under rule 8.150, and the appellant’s opening brief is due 40 days later under rule 8.212.
Can the other side designate additional record?
Yes. The respondent may file a counter-designation within 10 days after APP-003 under rule 8.122(a)(2), adding documents the appellant left out.
Related reading
- How to Fill Out California Form CIV-120 (w/Examples) + FAQs
- How to Fill Out California Form APP-002 (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 CIV-010 (w/Examples) + FAQs