California Form APP-004 is the Appellant’s Notice Designating Record on Appeal (Limited Civil Case), and you fill it out by checking the boxes that tell the trial court clerk exactly which documents, transcripts, or statements you want sent up to the appellate division so the reviewing judges can see what happened in your case. You file it within 10 days after you file your Notice of Appeal (Form APP-002) under California Rules of Court rule 8.831, and you must serve a copy on the other side the same day.
If you skip the form, file it late, or check the wrong boxes, the appellate division can dismiss your appeal, refuse to consider key evidence, or treat your arguments as waived. About 94% of civil appeals in California are decided without oral argument and rest entirely on the written record, according to data from the Judicial Council of California’s Court Statistics Report, which means the boxes you check on APP-004 often decide whether you win or lose.
Here is what you will learn in this guide:
- 📝 How to complete every line and checkbox on Form APP-004 without missing a deposit or deadline.
- ⚖️ How APP-004 fits with sister forms like APP-003, APP-103, and APP-002, and which one your case actually needs.
- 💰 The exact fees, deposits, and waiver options under rule 8.834 so the reporter’s transcript does not get rejected.
- 🚫 The seven biggest mistakes that get limited civil appeals dismissed, with the consequence of each.
- 🔍 Plain-English answers to the most common APP-004 questions, including agreed statements, settled statements, and electronic records.
What Form APP-004 Is and Why It Exists
Form APP-004 is a Judicial Council form that designates the record on appeal in a limited civil case. A limited civil case is any civil action where the amount in controversy is $35,000 or less under Code of Civil Procedure section 85, which was raised from $25,000 by Assembly Bill 2347 effective in 2024. The “record” is the package of trial-court papers and transcripts that the appellate division reviews to decide your appeal.
The form exists because appellate judges never sit in the courtroom during your trial. They only know what happened if a written record reaches them, and California Rules of Court rule 8.830 requires the appellant (the person who lost and is appealing) to choose the type of record. If you do nothing, the clerk has no authority to send anything, and the appeal collapses.
The plain-English explanation is simple: APP-004 is your shopping list for the appeal. The consequence of skipping it is that the appellate division dismisses your appeal under rule 8.140 for failure to procure the record. A real-world example: Maria loses a $12,000 unlawful detainer trial, files APP-002 on Day 1, but forgets APP-004; on Day 45 the clerk sends nothing up, and her appeal is dismissed without a single judge reading her brief.
A common misconception is that filing the Notice of Appeal alone is enough. It is not, because the Notice of Appeal only starts the appeal, while APP-004 actually builds the record the judges read. Without APP-004, the appellate division has no factual or procedural foundation to review.
Who Files APP-004
Only the appellant files Form APP-004, meaning the party who filed the Notice of Appeal under rule 8.822. A respondent who wants to add documents files Form APP-005, the Respondent’s Notice Designating Record on Appeal, within 10 days after the appellant’s APP-004 is served.
If two parties cross-appeal, each one files their own APP-004 because each is an appellant for their own appeal. The consequence of filing the wrong form is rejection by the clerk and lost time, which can push you past the 10-day window. A misconception is that joint appellants can share one form, but the California Courts Self-Help Center confirms each appealing party must designate separately unless they are co-parties on the same side of the same judgment.
When You Must File APP-004
You file APP-004 within 10 calendar days after filing your Notice of Appeal, per rule 8.831(a). Calendar days include weekends and holidays, but if the 10th day falls on a court holiday, Code of Civil Procedure section 12a extends the deadline to the next court day.
The consequence of filing late is that the clerk may reject your designation, and the appellate division can deem your record waived. A real-world example: David files APP-002 on May 1 but waits until May 20 to file APP-004; the trial court refuses the designation, and David must file an emergency motion for relief under rule 8.60(d), which is rarely granted without a strong showing of good cause. The misconception is that “10 days” means 10 business days; it does not, and that mistake alone causes hundreds of dismissals each year.
How to Fill Out Form APP-004 Line by Line
The current version of Form APP-004 is available on the Judicial Council website as a fillable PDF. The form has a caption box, six numbered sections, a signature line, and a proof of service section. Every box matters because each one tells the clerk what to copy, scan, transcribe, or skip.
Caption and Case Information
The caption sits at the top of the form. You enter your name, address, phone, email, and State Bar number if you have one. You then list the superior court name, case number, and the name of the appellant and respondent.
The plain-English meaning is that this is the “envelope” of the form, telling the clerk which case the designation belongs to. The consequence of leaving the case number blank is automatic rejection by the clerk’s office. A real-world example: Priya types her name but forgets the case number; the clerk stamps the form Received but not Filed, the 10-day clock keeps running, and she loses three days fixing it. The misconception is that the appellate case number goes here, but at this stage the appellate division has not yet assigned one, so you use the trial court case number.
Item 1: Notice of Appeal Filing Date
Item 1 asks the date you filed your Notice of Appeal. You must list the exact date stamped on Form APP-002 by the trial court clerk. This date triggers the 10-day deadline for APP-004 itself.
The consequence of listing the wrong date is that the clerk may treat your designation as untimely. For example, Jordan writes “March 5” when the actual file stamp says “March 4,” and the respondent moves to dismiss for late designation. The misconception is that the date you mailed the notice counts; only the file-stamped date counts under rule 8.822(a).
Item 2: Clerk’s Transcript or Appendix
Item 2 is where you choose between a clerk’s transcript and an appendix. The clerk’s transcript is a bound copy of court documents prepared by the clerk under rule 8.833. An appendix is a self-prepared bound set of the same documents, allowed under rule 8.832.
You must list every document you want included by title and filing date. Common selections include the complaint, answer, motions, oppositions, exhibits, jury instructions, verdict, and judgment. The consequence of leaving a document off is that the appellate division will not consider it, and you cannot argue anything based on it.
A real-world example: Carla appeals a breach-of-contract verdict but forgets to designate the trial exhibit list; the panel refuses to consider the disputed contract, and her appeal fails. The misconception is that the clerk automatically includes “everything important,” but the clerk only copies what you list.
Item 3: Reporter’s Transcript
Item 3 designates the reporter’s transcript, which is the verbatim word-for-word transcript of court hearings prepared by a certified shorthand reporter. You must list every hearing date, the reporter’s name (if known), and whether you want the entire hearing or only specific portions.
Under rule 8.834, you must also deposit the estimated cost with the clerk within 10 days of filing APP-004, or file Form APP-015 with a fee waiver. The consequence of skipping the deposit is dismissal under rule 8.140 for failure to procure the record. For example, Aiden lists six hearings but forgets the deposit; on Day 25 his appeal is dismissed even though every other form was perfect.
The misconception is that the reporter sends you a bill first; in fact, you must contact the reporter, get an estimate, and deposit it before transcription begins. If no reporter was present at a hearing, you cannot designate one and must use a settled statement instead.
Item 4: Agreed Statement
Item 4 lets you check that the parties have prepared an agreed statement under rule 8.836. An agreed statement is a written summary of what happened, signed by both sides, that replaces the clerk’s and reporter’s transcripts.
The plain-English benefit is speed and savings: no transcripts, no deposits, no clerk’s transcript fees. The consequence of choosing this without the other side’s signature is rejection. For example, Nia and the landlord agree on the facts of an unlawful detainer trial and file a four-page agreed statement, saving roughly $1,800 in transcript fees. The misconception is that the judge writes the agreed statement; in reality, the parties draft and sign it themselves.
Item 5: Settled Statement
Item 5 lets you request a settled statement under rule 8.837. A settled statement is a written summary of the trial court proceedings prepared by the appellant, then corrected and “settled” by the trial judge. It is the standard substitute when no court reporter was present, which is common in small-dollar limited civil cases.
You must serve a proposed statement within 30 days, and the trial court holds a hearing to settle disputes. The consequence of missing the 30-day proposed-statement deadline is that the appellate division can strike the request and dismiss the appeal. For example, Marcus checks Item 5 in an unlawful detainer appeal where no reporter attended, drafts a 12-page summary, and the judge corrects three lines before signing.
The misconception is that a settled statement is the same as an agreed statement. It is not, because a settled statement is settled by the judge, while an agreed statement is signed by the parties.
Item 6: Electronic Recordings
Item 6 asks whether you want the official electronic recording of any hearing, available in courts that use audio recording instead of (or alongside) court reporters under Government Code section 69957. Many limited civil hearings, especially in small claims-related and unlawful detainer matters, are recorded electronically.
You list the hearing date and request a copy of the recording or a transcript prepared from it. The consequence of failing to designate the recording is that the appellate division has no record of oral testimony or argument from that hearing. For example, Sofia appeals a default-prove-up ruling and designates the electronic recording from the December 3 hearing; the panel listens to the audio and reverses based on the judge’s misstatement of the burden of proof.
The misconception is that every courtroom has electronic recording; only certain departments do, and you must check with the court’s local rules or clerk before relying on Item 6.
Signature, Date, and Proof of Service
You sign and date the form at the bottom. You then complete a proof of service under Code of Civil Procedure section 1013a showing the form was served on the respondent.
The consequence of an unsigned form is rejection. The consequence of missing proof of service is that the respondent can move to strike under rule 8.831(d). For example, Hannah files APP-004 on time but forgets to mail a copy to opposing counsel; the respondent files a motion to strike, and the appellate division strikes Item 3, gutting the reporter’s transcript. The misconception is that filing equals service; in California, filing and service are two separate steps under rule 1.21.
How APP-004 Compares to Sister Forms
Limited civil appeals use APP-004, but unlimited civil and appellate division forms look similar and confuse many filers. The form you choose depends on the type of case and the court hearing the appeal.
| Form | When to Use |
|---|---|
| APP-002 Notice of Appeal — Limited Civil | Filed first, starts the appeal in cases $35,000 or less under CCP §85 |
| APP-004 Notice Designating Record — Limited Civil | Filed within 10 days after APP-002 to designate the record under rule 8.831 |
| APP-003 Notice Designating Record — Unlimited Civil | Used in cases over $35,000, governed by rule 8.121 |
| APP-103 Notice Designating Record — Misdemeanor/Infraction | Used in criminal misdemeanor and infraction appeals to the appellate division |
| APP-005 Respondent’s Notice Designating Record | Filed by the respondent within 10 days after APP-004 |
The plain-English rule is that limited civil = APP-004. The consequence of filing APP-003 in a limited civil case is rejection by the clerk and a lost 10-day window. The misconception is that “limited” refers to the issues being limited; it actually refers to the dollar amount in controversy.
Three Real-World Scenarios
Limited civil appeals appear in many flavors, but three fact patterns dominate the appellate division dockets. Each one shows how APP-004 choices change the outcome.
Scenario 1: Unlawful Detainer Appeal
| Filing Choice | Outcome on Appeal |
|---|---|
| Tenant designates clerk’s transcript + reporter’s transcript of trial | Full record, panel reviews legal and factual rulings |
| Tenant designates only clerk’s transcript, no reporter | Panel cannot review evidentiary rulings, factual findings stand |
| Tenant uses settled statement because no reporter attended | Panel reviews judge-approved summary; speed and cost savings |
Scenario 2: Small-Dollar Breach of Contract
| Filing Choice | Outcome on Appeal |
|---|---|
| Plaintiff designates appendix instead of clerk’s transcript | Saves clerk fees but plaintiff prepares own bound set |
| Plaintiff forgets to designate trial exhibits | Appellate division refuses to consider exhibits, judgment affirmed |
| Plaintiff and defendant file agreed statement | Quick, low-cost appeal with stipulated facts |
Scenario 3: Vehicle Accident Damages Appeal
| Filing Choice | Outcome on Appeal |
|---|---|
| Defendant designates electronic recording of bench trial | Audio review allowed under Gov. Code §69957 |
| Defendant designates reporter’s transcript but skips deposit | Appeal dismissed under rule 8.140 |
| Defendant designates partial reporter’s transcript | Plaintiff may add hearings via APP-005 |
Named Examples That Bring APP-004 to Life
Real names and goals make the rules memorable. The following three mini-scenarios mirror appeals filed every week across California’s 58 superior courts, drawing on patterns described by the California Courts Self-Help Center.
Maria’s Unlawful Detainer Appeal. Maria, a tenant in Los Angeles, loses an unlawful detainer trial over a $4,200 rent dispute. Her goal is to keep her apartment while she appeals. She files APP-002 on Monday, then APP-004 nine days later, designating the clerk’s transcript, the reporter’s transcript of the two-day trial, and the electronic recording of the demurrer hearing. She deposits the reporter’s estimate of $1,150 the same day and files Form APP-015 to ask for a fee waiver, which the court grants under rule 8.26.
David’s Contract Dispute. David, a small business owner in Sacramento, loses a $22,000 breach-of-contract trial. His goal is to overturn the judgment because the judge excluded a key email. He uses an appendix instead of a clerk’s transcript to save on per-page copy fees, and he designates a partial reporter’s transcript of only the evidentiary ruling. The appellate division reverses because the partial transcript shows the email was wrongly excluded under Evidence Code section 1271.
Priya’s Settled Statement Appeal. Priya appeals a $9,500 personal injury bench trial in a small Northern California county where no court reporter attended. Her goal is to get the appellate division to review the judge’s negligence finding. She checks Item 5, prepares a 14-page proposed settled statement under rule 8.837, and serves it within 30 days. The judge corrects two paragraphs, signs the statement, and the appellate division uses it as the entire record.
Mistakes to Avoid
Every dismissed limited civil appeal traces back to a small set of repeat errors. Each one has a direct, painful consequence.
- Missing the 10-day deadline. The trial court rejects your designation, and the appellate division dismisses for no record under rule 8.140.
- Forgetting the reporter’s deposit. Transcription never starts, the record is never produced, and the appeal collapses.
- Designating a non-existent reporter. If no reporter attended a hearing, no transcript can exist, and the appellate division strikes the designation.
- Leaving documents off the clerk’s transcript. The appellate division refuses to consider any document not designated, even if it was decisive at trial.
- Using APP-003 instead of APP-004. The clerk rejects the wrong form, and you may run out of time before fixing the mistake.
- Skipping the proof of service. The respondent moves to strike under rule 8.831(d), and key transcripts disappear from the record.
- Confusing agreed statements with settled statements. You miss the rule 8.836 signature requirement or the rule 8.837 judge-approval requirement.
- Ignoring the local rules. Many superior courts have additional designation requirements posted on their court websites, and ignoring them leads to rejection.
- Using outdated form versions. The Judicial Council updates forms every year on the forms page, and old versions are rejected on sight.
Do’s and Don’ts of Filing APP-004
The do’s and don’ts below come from common appellate division dismissal patterns reported across California superior courts.
Do’s
- Do file within 10 calendar days because rule 8.831 gives no automatic extension.
- Do call the court reporter for an estimate, because no estimate means no deposit and no transcript.
- Do request a fee waiver with Form FW-001 if you cannot afford deposits, because waivers preserve your right to appeal.
- Do list every hearing date you want, because the appellate division reviews only what is in the record.
- Do serve the respondent the same day you file, because filing and service are separate duties under rule 1.21.
- Do keep a stamped copy, because you may need to prove timely filing if a dispute arises.
Don’ts
- Do not assume “everything” goes up automatically, because the clerk only sends what you designate.
- Do not check both Item 4 (agreed) and Item 5 (settled) at once, because they are mutually exclusive.
- Do not skip the deposit, because the appeal dies under rule 8.140.
- Do not use APP-003 in a limited civil case, because the clerk will reject it.
- Do not forget to sign, because an unsigned form is no form.
- Do not file by email unless your court allows it, because not every county accepts e-filing for appeals under rule 2.253.
Pros and Cons of Each Record Option
Choosing between transcripts, appendices, and statements is a strategic decision. Each path has trade-offs.
Pros
- Clerk’s transcript is comprehensive, because the clerk certifies every page.
- Reporter’s transcript is verbatim, because every word is captured for review.
- Appendix saves money, because you skip per-page clerk fees.
- Agreed statement is fastest, because both parties stipulate to the facts.
- Settled statement is cheapest when no reporter attended, because no transcription is needed.
Cons
- Clerk’s transcript fees can run hundreds of dollars, because the clerk charges per page.
- Reporter’s transcript deposits can exceed $1,000 per trial day, because reporters charge under Government Code section 69950.
- Appendices require careful binding and indexing, because the appellate division rejects sloppy sets.
- Agreed statements require respondent cooperation, because both signatures are mandatory.
- Settled statements require a hearing and judicial correction, because the judge “settles” disputes.
Recap of Key Rulings
California appellate decisions repeatedly stress the appellant’s duty to designate. In Foust v. San Jose Construction Co. (2011) 198 Cal.App.4th 181, the Court of Appeal held that an inadequate record on appeal results in affirmance because the reviewing court presumes the trial court’s ruling was correct.
In Maria P. v. Riles (1987) 43 Cal.3d 1281, the California Supreme Court emphasized that the appellant bears the burden to provide an adequate record, and silence in the record is held against the appellant. In Ballard v. Uribe (1986) 41 Cal.3d 564, the court reaffirmed that without a reporter’s transcript or settled statement, claims of evidentiary error are waived.
These rulings drive home the same point: the boxes you check on APP-004 are not paperwork, they are the appeal itself. The consequence of an inadequate designation is affirmance of a judgment you wanted reversed. The misconception is that the appellate division will look beyond the record to “do justice”; under these cases, it cannot.
Federal Backdrop and California Nuances
Federal appeals from federal district courts use Federal Rule of Appellate Procedure 10, which governs the record on appeal in the U.S. Courts of Appeals. The federal rule similarly requires the appellant to order transcripts and designate the record, though deadlines and forms differ.
California’s limited civil system is unique because it routes appeals to the appellate division of the superior court under Code of Civil Procedure section 904.2, not the Court of Appeal. The consequence is that limited civil appellants face shorter deadlines, smaller records, and a different rulebook (rules 8.820 to 8.891). The misconception is that California appeals all go to the Court of Appeal; only unlimited civil appeals do.
County-level nuances also matter. The Los Angeles Superior Court, San Diego Superior Court, and Sacramento Superior Court each post local rules and self-help packets that supplement APP-004. Failing to follow local rules can lead to rejection even when the Judicial Council form is filled out perfectly.
FAQs
Is Form APP-004 mandatory in every limited civil appeal?
Yes. Every appellant in a limited civil case must designate the record using APP-004 within 10 days of filing the Notice of Appeal under rule 8.831, or risk dismissal.
Can I file APP-004 electronically?
Yes. Many California superior courts accept e-filing under rule 2.253, but you must check your county’s local rules because not every court allows e-filing for appellate documents.
Do I have to deposit the reporter’s fee with APP-004?
Yes. Under rule 8.834, you must deposit the reporter’s estimated cost within 10 days of filing APP-004 or file a fee waiver, or the appeal can be dismissed.
Can I get a fee waiver for transcripts?
Yes. You can file Form FW-001 and the appeals-specific fee waiver application under rule 8.26 if you meet the income or public-benefits criteria.
Is an agreed statement the same as a settled statement?
No. An agreed statement under rule 8.836 is signed by both parties, while a settled statement under rule 8.837 is prepared by the appellant and corrected by the trial judge.
Can I add hearings to the designation later?
Yes. You can amend the designation under rule 8.831(c) by filing an amended APP-004, but only within the original 10-day window unless the court grants relief.
Will the clerk send the entire trial file automatically?
No. The clerk only sends documents you designate on Item 2, so leaving anything off means the appellate division will not see it.
Can I use APP-004 in an unlimited civil case?
No. Unlimited civil appeals (over $35,000) use Form APP-003 under rule 8.121, and filing APP-004 in those cases will be rejected.
Does the respondent file APP-004?
No. The respondent files APP-005 within 10 days after the appellant’s APP-004 to add documents or transcripts the appellant did not designate.
Can I rely on a courtroom audio recording instead of a reporter?
Yes. If your hearing was recorded under Government Code section 69957, you can designate the official electronic recording on Item 6 of APP-004.
Will an inadequate record cause my appeal to lose?
Yes. Under Maria P. v. Riles and similar cases, an inadequate record means the appellate division presumes the trial court was correct and affirms the judgment.
Can I withdraw or change my designation?
Yes. You can file an amended designation or a notice of withdrawal before the record is certified under rule 8.831(c), but you cannot recover deposits already paid to the reporter.
Related reading
- How to Fill Out California Form APP-002 (w/Examples) + FAQs
- How to Fill Out California Form APP-003 (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 DISC-030 (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