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This form is a Notice Designating Record on Appeal (Unlimited Civil Case). It is used by the appellant (the party who is appealing the decision of the lower court) to designate the documents and transcripts that they want to be included in the record on appeal. The record on appeal is the set of documents that the appellate court will review when deciding the appeal. The appellant must choose one of the following options: * **Appendix Only:** The appellant prepares their own appendix, which is a compilation of the documents and transcripts that they want to include in the record on appeal. * **Appendix and Reporter's Transcript:** The appellant prepares their own appendix and also requests a reporter's transcript of the oral proceedings in the lower court. * **Appendix and Agreed or Settled Statement:** The appellant prepares their own appendix and also requests an agreed or settled statement, which is a written summary of the oral proceedings that is agreed to by all of the parties in the case. The appellant must also identify the specific documents and transcripts that they want to include in the record on appeal. They must provide the following information for each document or transcript: * The title of the document or transcript * The date it was filed or created * The department in which it was filed or created * A brief description of the document or transcript * Whether it has been previously prepared (i.e., whether a transcript of it already exists) The appellant must file this form with the clerk of the superior court in the county where the case was originally filed. They must also serve a copy of the form on all of the other parties in the case.
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Justice Norman L. Epstein is a Presiding Justice of the California Court of Appeal, Second Appellate District, Division Four. He was appointed by Governor Deukmejian in 1990 and has since been confirmed by the electorate in 1990, 1994, and 2006. Justice Epstein has also served as a Judge on the Superior Court, the Municipal Court, and as an Associate Justice pro tem - pore on the Court of Appeal. He has received numerous awards and honors, including the Jurist of the Year Award from the Judicial Council of California and the Lifetime Achievement Award from the Criminal Justice Section of the Los Angeles County Bar Association. Justice Epstein holds a Bachelor's degree in Political Science from the University of California, Los Angeles, and a Law degree from the University of California, Los Angeles School of Law.
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- Biography
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Norman Epstein was born in 1933 in Los Angeles and was the only child of a pharmacist and a talented amateur pianist. He was asthmatic as a child and his parents moved around to find a better environment for him. He attended Fairfax High School and was the valedictorian. He then attended UCLA undergraduate and law school, where he was active in student activities and met his lifelong friend David Yaffee and his wife Ann. He graduated in 1955 and went on to law school. He believes that the citizens of Los Angeles and California provided him with an excellent and free education, which has been a major driver of his life and his career in public service. He believes that the cost of higher education should be a state obligation, not the obligation of the students who can afford to pay their own rate.
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William Newsom was a third-generation San Franciscan who grew up in the Marina and went to college at USF, majoring in French literature. After law school, he worked as an assistant commissioner of the San Francisco Superior Court and then went on to work for a famous San Francisco attorney, James Martin MacInnis. He then moved to Squaw Valley and opened a one-man law practice in Tahoe City, where he did a lot of environmental law. Later, he was appointed to a new position in Placer County, where he was sworn in by Judge Leland Propp, despite Propp's reluctance. He went on to serve as an Associate Justice of the California Court of Appeal, Division One, for many years.
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James Publishing has given permission for us to use their copyrighted material, which is up to date as of the date of publication.
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- Biography
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When attending a session of the Court of Appeal, Fourth Appellate District, please be respectful and silent. You will be screened prior to entering the courtroom, which includes walking through a metal detector and having any personal items searched. No electronic devices, backpacks, large bags, weapons, food, drinks, or animals (except for service animals) are allowed in the courtroom. Wear appropriate clothing (no tank tops, shorts, sunglasses, shirts with inappropriate graphics, or hats) and remove any metal items from your person before walking through the metal detector.
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- Policy
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Justice Modeste Orton Sabraw moved to San Francisco from Canada at the age of 11 during the Great Depression. He went on to graduate from the University of California and Boalt Hall School of Law, and eventually became a judge in the Alameda County Superior Court and the First District Court of Appeal in San Francisco. He was not allowed to join the Air Force because he was an alien, but was drafted into the Army and later granted citizenship.
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In criminal and juvenile appeals, the court will not appoint the appellant's trial attorney to represent the appellant on appeal, as trial counsel is not able to objectively review the record to determine if trial counsel committed ineffective assistance of counsel. Appellate Defenders' Inc. (ADI) and any counsel appointed by this court are allowed to view and copy the superior court file and exhibits of their clients' cases, and any related cases, to the same extent that their clients or trial counsel would be permitted to view and copy the file and exhibits.
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- Miscellaneous Order
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The California Court of Appeal has changed its protocols for conducting oral arguments due to the COVID-19 pandemic. Counsel and members of the public are strongly encouraged to wear face coverings when entering the courtroom. If anyone is unable to appear in person due to medical reasons, they may request to participate remotely via videoconferencing. Recordings of oral arguments will be available online.
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The California Sixth District Court of Appeal is adopting a hybrid oral argument model, allowing parties to appear in person or via videoconferencing for oral arguments starting November 2022. Court proceedings will be available to the public and press through online streaming, and past recorded oral arguments will be available on the Court's website.
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This court order states that due to the COVID-19 virus, oral arguments at the Sixth District Court of Appeal will be conducted by video conferencing. Court proceedings will also be available to the public and press online, through a live webcast or video recording.
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The purpose of this Miscellaneous Order is to protect all persons with business in the Court of Appeal, Second Appellate District; ensure the safe, secure and orderly conduct of proceedings; and facilitate the fair and efficient handling of court business.
This Miscellaneous Order is made pursuant to California Rules of Court, rule 10.1004, which authorizes the Administrative Presiding Justice to establish court policies; California Rules of Court, rule 10.1004, which authorizes the Administrative Presiding Justice to establish court policies; California Rules of Court, rule 1.150, governing media coverage; California Rules of Court, rule 1.150(d), rule 1.150(d), which specifically addresses electronic devices in courtrooms; and precedent including Cox v. Louisiana (1965) 379 U.S. 559.
This order applies only to floors and spaces occupied by the Court of Appeal, Second Appellate District, including Division Six located in Ventura. It does not restrict photography, filming, recording, or broadcasting in other areas of the Ronald Reagan State Building in Los Angeles, the Court of Appeal building in Ventura, or outside these buildings' entrances and exits. Any such activities remain subject to the buildings' own policies and must not obstruct access to the buildings or Court facilities.
I. DEFINITIONS
- For the purpose of this Miscellaneous Order, the term "Court" refers to the Court of Appeal of California, Second Appellate District, including Division Six located in Ventura.
- "Media" or "media agency" and "media coverage" are defined pursuant to the California Rules of Court, rule 1.150.
- "Court facility" shall mean any space where official court business is regularly conducted, including, but not limited to, courtrooms, attorney conference rooms, the Clerk's Office, administrative spaces, and any other areas under the Court's control.
- "Court facility: shall mean any space where official court business is regularly conducted, including, but not limited to, courtrooms, attorney conference rooms, the Clerk's Office, administrative spaces, and any other areas under the Court's control in both Los Angeles and Ventura locations.
- "Non-public areas" shall mean areas of the Court facility that are not generally accessible to the public, including judges' chambers, secure hallways, administrative offices, and staff work areas.
II. RESTRICTIONS ON PHOTOGRAPHY, RECORDING AND BROADCASTING
- Courtrooms
- Photography, recording, or broadcasting within courtrooms is governed by California Rules of Court, rule 1.150. Media requests for such coverage must be submitted at least five court days before the proceeding, unless good cause is shown.
- Cell phones and other electronic devices, including "smart" watches (except for assistive listening devices and other assistive technology required for disability accommodation), are prohibited in the courtroom, with the following exceptions
- Court staff, judicial officers, and authorized Court employees may use electronic devices for official Court business;
- No laptops or tablets are permitted in the courtroom without prior written approval from the court, except those used by counsel and second chair counsel or self-represented litigants solely to aid in presenting oral arguments. These devices cannot be used to display demonstrative evidence or for any other purpose;
- Individuals who require electronic devices for medical purposes or disability accommodations may use such devices as necessary.
- Clerk's Office and Filing Window
- To protect the confidentiality of court documents and privacy of court users conducting business, photography, recording, or broadcasting in or around the Clerk's Office filing window is prohibited without prior authorization. This applies to both the Los Angeles and Ventura locations.
- Non-Public Areas
- Photography, recording, or broadcasting in non-public areas is prohibited without prior written authorization from the Administrative Presiding Justice or designee, except for official court purposes or pre-approved media access.
III. EXCEPTIONS AND AUTHORIZATIONS
- The following are exempt from the restrictions in Section II:
- Authorized Court employees using camera-enabled or video-enabled devices for official Court business;
- Officers of local, state and federal law enforcement agencies wearing body cameras while conducting official business (record function shall not be activated unless engaged in an active law enforcement effort);
- Portable scanners, cameras, or copiers used solely for imaging documents;
- Electronic devices used for medical purposes or disability accommodations.
- Requests for exceptions to these restrictions must be submitted in writing to the Administrative Presiding Justice or designee, except as otherwise provided in this Order. For matters specifically related to Division Six in Ventura, requests may be submitted to the Presiding Justice of Division Six. Requests will be evaluated based on:
- The legitimate purpose of the request;
- Potential disruption to court operations;
- Privacy and security considerations;
- Availability of alternative means of access or coverage.
- Decisions on requests for exceptions will be made promptly and in writing.
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- Miscellaneous Order