APP-014-INFO - Information Sheet for Proposed Settled Statement

Summary

Information Sheet for Proposed Settled Statement

Text

Form ID: APP-014-INFO
Title: Information Sheet for Proposed Settled Statement
Effective Date: 2019-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/APP-014-INFO
Primary Download URL: https://www.courts.ca.gov/documents/app014info.pdf
Form Detail Page:
Information Sheet for Proposed Settled Statement
(APP-014-INFO)
Explains how to complete Appellant's Proposed Settled Statement (Unlimited Civil Case) (APP-014)
Get form APP-014-INFO
Effective: January 1, 2019
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PDF Text:
Judicial Council of California, www.courts.ca.gov  
New January 1, 2019, Optional Form  
Cal. Rules of Court, rules 8.100-8.278
Information Sheet  
for Proposed Settled Statement 
APP-014-INFO Information Sheet for Proposed Settled Statement 
1 What information does this form  
provide?
This information tells you how to fill out Appellant’s 
Proposed Settled Statement (Unlimited Civil Case) (form 
APP-014). It includes:
Instructions for appellant to complete form APP-014; 
and
Definitions of legal terms, deadlines for filing and 
serving form APP-014, and the process for asking the 
court to certify your proposed settled statement for use 
in the Court of Appeal.   
This information is also helpful for respondents  
who are completing Response to Appellant’s Proposed 
Settled Statement (Unlimited Civil Case) (form APP-020). 
More information for the appellant and respondent about 
the settled statement process is found in Information on 
Appeal Procedures for Unlimited Civil Cases (form  
APP-001-INFO). Read items 14b(3) and 25d.
2 Where can I find general information 
about the appeals process? 
For general information about the appeals process, read 
Information on Appeal Procedures for Unlimited Civil 
Cases (form APP-001-INFO) (family law cases are one 
type of unlimited civil case). To learn more, you may also:  
Visit the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-appeals.htm.
Find out about self-help resources for the district in 
which you filed your appeal, at
Read rules 8.100–8.278 of the California Rules of Court, 
which set out the procedures for unlimited civil appeals. 
You can get these rules at any courthouse or county law 
library or online at www.courts.ca.gov/rules.
Consult with a lawyer. Find a lawyer through your local 
bar association, the State Bar of California at  
www.calbar.ca.gov, or the Lawyer Referral Services at 
1-866-442-2529.
3 What is a settled statement? 
A settled statement is a summary of the oral (spoken) trial 
court proceedings that is approved by the trial court judge 
who conducted those proceedings. The Court of Appeal 
will rely on this statement in deciding your case.  
The appellant is responsible for preparing a proposed 
settled statement.     
4 When can I use a settled statement?
You may use a settled statement as the record of the oral 
(spoken) trial court proceedings for an appeal if: 
The trial or hearing was not reported by a court reporter; 
or
You have an order waiving your court fees and costs; or
The court orders that you can use a settled statement 
instead of a court reporter’s transcript.
5 What must be included in a proposed 
settled statement?
The proposed settled statement must include all of the 
following:
A statement of the reasons for your appeal 
(see item 11 ); 
A summary of the evidence and testimony of each 
witness that relates to the reasons for your appeal; and 
A copy of the judgment or order being appealed (must 
be attached to the settled statement).
6 What is the deadline to file the form?
File the original form in the trial court:
At the same time you file Appellant’s Notice 
Designating Record on Appeal (Unlimited Civil Case) 
(form APP-003) or within 30 days of that date; 
OR
Within 30 days of the date that the court sends, or a 
party serves, an order granting your motion to use a 
settled statement, if applicable. 
APP-014-INFO, Page 1 of 5

New January 1, 2019 Information Sheet for Proposed Settled Statement 
APP-014-INFO Information Sheet for Proposed Settled Statement 
7 Overview for completing form APP-014
Review the entire form to become familiar with the 
categories and what areas apply to the reasons for your 
appeal. Not all items will apply to your situation.
Review the judgment or order that you are appealing 
and make a copy to attach to form APP-014.
Know why you are appealing the trial court’s order or 
judgment. Describe the reasons in item 2 of form 
APP-014. 
In addition, you will use form APP-014 and any 
attachments to specify those portions of the record that 
have evidence relevant to your issues on appeal, such as:
The testimony of a party or nonparty witness.
The court’s ruling on an objection to a party’s or non-
party witness’s testimony.
The court’s rulings about allowing (or not allowing) 
exhibits to be admitted into evidence to support or 
disprove a party’s or a nonparty witness’s testimony.
The trial court’s findings at the hearing or trial.
The court’s ruling on a motion or motions.
The court’s rulings on one or several jury instructions  
(Note: Not all cases have juries.)
Remember, not every item on the form may apply to your  
situation. Answering yes or no where indicated on form 
APP-014 will help you and the court focus on the issues 
that are relevant to your appeal.
8 What is the meaning of these words that 
are found in form APP-014 and this 
information sheet?
Evidence: Any proof legally presented at a hearing or trial 
through witnesses, records, or exhibits.
Substantial evidence: Evidence that is reasonable, 
believable, and of solid value. It is not just any evidence. 
The focus is on the quality—not the quantity—of evidence 
needed to support a legal conclusion.
Findings: A decision by a judge that something is a fact or 
is true or is relevant.
Order: A decision made by a judicial officer on an issue 
that is raised by a party in a lawsuit. 
Objection: A formal protest made by a party about what a 
party or witness says at the trial or hearing or about any 
exhibits or other evidence that the other side tries to 
introduce during a trial or hearing.
If the judge sustains the objection, the judge is agreeing 
with the objection and will not consider that part of the 
testimony or evidence that is being objected to. 
Rulings on objections: A ruling is a judge’s decision on a 
party’s objection to a witness’s testimony, exhibits, or 
other evidence at the trial or hearing. The judge can 
“sustain” the objection or “overrule” the objection.  
If the judge overrules the objection, the judge is 
disagreeing with the objection, and will allow the evidence 
to be introduced.
Judgment: The final determination of the rights of the 
parties in an action or proceeding.
9 How do I complete the caption (the top part 
of the form)?
Name and contact information. If you have a lawyer for 
the appeal, your lawyer will fill out the form. If you do not 
have a lawyer for the appeal, write your name and provide 
your contact information in the first part of the caption.
Court address. Complete the address for the superior court 
where your case is filed.  
Party names. Write the names of the parties in the case.
Note for Domestic Violence Restraining Order cases: 
If you are appealing a Domestic Violence Restraining  
Order, write your name next to Plaintiff/Petitioner if you 
are the Protected Person on the restraining order. Write 
your name next to Defendant/Respondent if you are the 
Restrained Person on the restraining order.
Amended statement.  If the court ordered you to amend 
(make changes to) a proposed settled statement, check the 
box under the name of the form. Then, on the line that 
follows the check box, write whether this is the first, 
second, third, fourth, etc. time you are amending the 
proposed settled statement.
Filing date of notice of appeal. Finally, fill in the date 
your appeal was filed, as well as the superior court case 
number and Court of Appeal case number. 
APP-014-INFO,  Page 2 of 5

New January 1, 2019 Information Sheet for Proposed Settled Statement 
APP-014-INFO Information Sheet for Proposed Settled Statement 
10 How do I complete item 1, “Preliminary 
Information”?
In item 1 of form APP-014, check the boxes that apply and 
provide the dates requested.
11 How do I complete item 2, “Reasons for Your 
Appeal”?
In item 2 of APP-014, describe the errors (mistakes) you 
believe were made at the hearing or trial. For example:
No substantial evidence.  
You might argue that there was no substantial evidence 
that supported the judgment or order that you are 
appealing. (See item   8  of this information sheet for the 
definition of substantial evidence.) 
Errors. 
You might argue that an error or errors about the law or 
court procedure affected the outcome of the trial or 
hearing. This can include an argument that the court made 
a ruling that is based on a mistake about the facts of the 
case or about the law.
Before you complete this item, you should understand that 
the Court of Appeal will reverse the order or judgment you 
are appealing only if the error affected the outcome of the 
case. (“Reverse” means to change the trial court’s 
decision.)
If you need more space to describe the reasons for your 
appeal, check the box labeled “Attachment 2a” and/or 
“Attachment 2b.” Then attach a separate page or pages 
(you can use form MC-025) to continue describing the 
reasons for your appeal).
YOUR ARGUMENTS/REASONS CAN BE BECAUSE:
There was no substantial evidence that 
supported the judgment or order. 
There was an error or errors about either the law 
or court procedure. 
 
Examples are that the court: 
(1) misinterpreted the law;  
(2) wrongly ruled on an objection; or  
(3) gave an incorrect jury instruction.
YOUR ARGUMENTS/REASONS CANNOT BE TO:
Present your case all over again to the Court  
of Appeal;
Present new evidence or new witnesses 
to the Court of Appeal; 
Generally complain about the judge or a lawyer; 
or
Explain to the Court of Appeal that a witness 
did not tell the truth at the trial.
12 How do I complete item 3, “Summary of the  
Parties’ Testimony and Other Evidence”?
Indicate in item 3 of form APP-014 if a party in the case 
gave testimony at the trial or hearing. Item 3 provides 
space to summarize the testimony that is relevant to the 
reasons you gave in item 2 for this appeal. 
After summarizing the testimony, indicate if there were 
any objections to the testimony and exhibits relevant to the 
appeal that the judge allowed, or did not allow, to be used 
as evidence to support or disprove the party’s testimony. If 
you answer yes to any of the questions following each 
party’s testimony, complete the corresponding item on 
page 4.
If you need more space to describe the testimony or 
evidence, check the box below the summary of the 
testimony (for example, “Attachment 3a(1)”). Then, attach 
a separate page or pages (you can use form MC-025) to 
continue the summary. Label the attachment “APP-014, 
Attachment 3a(1)” if you are continuing to summarize the 
testimony of the party named in item 3a(1).
If more than two parties provided testimony, complete 
Other Party and Nonparty Witness Testimony and Other 
Evidence Attachment (Unlimited Civil Case) (form 
APP-014A) and attach it to form APP-014. 
APP-014-INFO,  Page 3 of 5

New January 1, 2019 Information Sheet for Proposed Settled Statement 
APP-014-INFO Information Sheet for Proposed Settled Statement 
13 How do I complete item 4, “Summary of 
Nonparty Witness Testimony and Other 
Evidence”?
If nonparty witnesses (persons other than the parties in the 
case) provided testimony at the trial or hearing that is 
relevant to the reasons for your appeal, you will need to 
provide the information and attach it to form APP-014.  
You may use Other Party and Nonparty Witness Testimony 
and Other Evidence Attachment (Unlimited Civil Case) 
(form APP-014A) for this purpose.
14 How do I complete item 5, “Trial Court’s  
Findings”?
Indicate if the judge made any findings (decisions about 
the facts or the law) that are relevant to your reasons in 
item 2 of form APP-014 for this appeal.  (See item   8   for 
the definition of findings.) 
If you need more space to describe the trial court's 
findings, check the box “Attachment 5.” Then, attach a 
separate page or pages (you can use form MC-025) to 
continue the summary. Label the attachment “APP-014, 
Attachment 5.”
15 How do I complete item 6, “Summary of 
Motions”?
If the trial court’s ruling on a motion is relevant to  
your reasons in item 2 of form APP-014 for this appeal, 
describe the motion. Include which party made the motion, 
what was said by the parties and the court about the 
motion, whether the trial court granted or denied the 
motion, and what the court said in ruling on the motion. 
16 How do I complete item 7, “Summary of Jury 
Instructions”?
If one of your reasons in item 2 of form APP-014 for this 
appeal is a challenge to a jury instruction, indicate which 
instruction you are challenging and which party requested 
it. Also state whether the court gave the instruction to the 
jury, refused to give the instruction to the jury, or modified 
the instruction before giving it to the jury. If an instruction 
was given orally rather than in writing, provide the 
language of the oral instruction. And if an instruction was 
modified, describe how the instruction was modified.
17 Attach order or judgment and make copies
When you have finished your proposed settled statement:   
Attach a copy of the order or judgment you are  
appealing; 
Make one copy of the proposed settled statement and 
attachments for each party in your case; and  
Keep a copy for your records.
18 Have all parties in the case served
Have each party in your case served with a copy of the 
complete proposed settled statement with attachments.  
For information about serving your documents:
See Information Sheet for Proof of Service (form 
APP-009-INFO); and 
Go to the California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-serving.htm.
19 File the proof of service forms with the court
You can file the forms in person, by mail, or e-filing (if 
available) in the court that made the order or judgment you 
are appealing. 
Ask the court clerk to stamp the extra copy for your 
records to show that the original was filed. 
20 Respondent's options
The respondent has 20 calendar days from the date you 
serve your proposed settled statement to serve and file 
either:  
Proposed amendments (changes) to the proposed settled 
statement. Use Response to Appellant’s Proposed 
Settled Statement (Unlimited Civil Case) (form 
APP-020) to request changes; or 
A notice choosing to provide a reporter’s transcript 
instead of a settled statement. This option is available if 
the oral proceedings in the trial court were reported by a 
court reporter.
APP-014-INFO,  Page 4 of 5

New January 1, 2019 Information Sheet for Proposed Settled Statement 
APP-014-INFO Information Sheet for Proposed Settled Statement 
21 Review process
If the respondent proposes changes, the trial court 
judge then reviews both your proposed settled statement 
and the respondent's proposed amendments.   
If the proposed settled statement does not need any 
corrections or modifications, the trial court judge will 
certify the statement as an accurate summary of the 
testimony and evidence relevant to the reasons for the 
appeal.
Changes made to the settled statement 
If corrections or modifications are needed, and the judge 
makes the amendments to the statement, the amended 
statement will be sent to you and the respondent for your 
review.
If the judge orders you (the appellant) to make the 
corrections or modifications to the statement, you must 
serve and file an amended proposed settled statement 
within the time ordered by the judge.
Resolving disagreements 
If you or the respondent disagree with anything in the 
amended proposed settled statement, the parties have 10 
calendar days from the date the amended statement is sent 
to serve and file proposed amendments to the amended 
proposed settled statement.
The judge then reviews any proposed amendments and 
decides if any further changes to the proposed settled 
statement are necessary. 
If corrections and modifications are needed, the process of 
review and proposing amendments as described in this 
section must be repeated.
22 Certification
Once the trial court judge decides that no further changes 
are needed, the judge will certify the statement as an 
accurate summary of the testimony and evidence relevant 
to the reasons for the appeal. The trial court clerk will send 
the settled statement to the Court of Appeal.
APP-014-INFO,  Page 5 of 5

Retrieval chunks

• #1

  Form ID: APP-014-INFO Title: Information Sheet for Proposed Settled Statement Effective Date: 2019-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/APP-014-INFO Primary Download URL: https://www.courts.ca.gov/documents/app014info.pdf Form Detail Page: Information Sheet for Proposed Se…

• #2

  3 What is a settled statement? A settled statement is a summary of the oral (spoken) trial court proceedings that is approved by the trial court judge who conducted those proceedings. The Court of Appeal will rely on this statement in deciding your case. The appellant is responsible for preparing a proposed sett…

• #3

  disprove a party’s or a nonparty witness’s testimony. The trial court’s findings at the hearing or trial. The court’s ruling on a motion or motions. The court’s rulings on one or several jury instructions (Note: Not all cases have juries.) Remember, not every item on the form may apply to your situation. Answeri…

• #4

  are the Protected Person on the restraining order. Write your name next to Defendant/Respondent if you are the Restrained Person on the restraining order. Amended statement. If the court ordered you to amend (make changes to) a proposed settled statement, check the box under the name of the form. Then, on the li…

• #5

  Present your case all over again to the Court of Appeal; Present new evidence or new witnesses to the Court of Appeal; Generally complain about the judge or a lawyer; or Explain to the Court of Appeal that a witness did not tell the truth at the trial. 12 How do I complete item 3, “Summary of the Parties’ Tes…

• #6

  findings, check the box “Attachment 5.” Then, attach a separate page or pages (you can use form MC-025) to continue the summary. Label the attachment “APP-014, Attachment 5.” 15 How do I complete item 6, “Summary of Motions”? If the trial court’s ruling on a motion is relevant to your reasons in item 2 of form …

• #7

  A notice choosing to provide a reporter’s transcript instead of a settled statement. This option is available if the oral proceedings in the trial court were reported by a court reporter. APP-014-INFO, Page 4 of 5 New January 1, 2019 Information Sheet for Proposed Settled Statement APP-014-INFO Information Shee…