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I.
INTRODUCTION
A. Nature of Appeal and Appellate Jurisdiction
1. [§1] In General.
2. Right To Appeal Statutory.
(a) [§2] Power of Legislature.
(b) [§3] No Right to Direct Appeal.
3. [§4] Retroactive Legislation.
4. [§5] Appellate Practice.
B. Major Developments in Appellate Procedure.
1. [§6] Early Law.
2. Rules on Appeal.
(a) [§7] Adoption and Subsequent Amendments.
(b) [§8] Objectives and Accomplishments.
(c) [§9] Scope: Practice and Procedure.
(d) [§10] Construction and Definitions
2A. [§10A](New) Judicial Council Forms.
3. [§11] Subsequent Legislation and Constitutional Changes.
4. [§11A] (New) Decision on Request by Court of Another Jurisdiction.
C. [§12] Appellate Emergencies.
II.
APPEALABLE JUDGMENTS AND ORDERS
A. In General
1. [§13] Statutory Classes Exclusive.
2. [§14] Dismissal on Court's Own Motion.
3. [§15] Appellate Jurisdiction by Acquiescence.
4. [§16] Proposed Discretionary Appeal.
5. [§16A] (New) Comment by Trial Judge in Interlocutory Order on Utility of Review.
B. Review of Nonappealable Judgment or Order.
1. [§17] Appeal From Subsequent Appealable Judgment or Order.
2. [§18] Extraordinary Writs.
3. [§18A] (New) Distinction: No Review on Appeal of Dismissal for Failure To Prosecute.
C. Void Judgment or Order.
1. [§19] General Rule of Appealability.
2. [§20] Void Orders After Final Judgment.
III.
EFFECT OF TAKING APPEAL
A. Jurisdiction Vested in Appellate Court.
1. [§21] In General.
2. [§22] Transfer of Dependency Case After Appeal Perfected.
3. [§23] Distinction: Using Writ of Prohibition To "Vacate"Appealed Judgment.
B. Jurisdiction Retained by Trial Court.
1. [§24] Jurisdiction Over Collateral Matters.
2. Jurisdiction Over Merits.
(a) [§25] In General.
(b) [§26] Spousal Support.
3. [§27] Vacation or Correction of Judgment.
IV.
APPEAL FROM MUNICIPAL COURT
A. [§28] In General.
B. [§29] Appealable Judgments and Orders.
C. Procedure.
1. Notice of Appeal.
(a) [§30] Form and Filing.
(b) [§31] Notification by Clerk.
(c) [§32] Time.
(d) [§33] Extension After Denial of Motion.
(e) [§34] Cross‑Appeal.
2. Record on Appeal.
(a) [§35] In General.
(b) [§36] Transcripts.
(c) [§37] Agreed or Settled Statement.
(d) [§38] Filing, Correction, and Augmentation.
3. [§39] Briefs.
4. [§40] Abandonment and Dismissal.
5. Hearing and Determination.
(a) [§41] Sessions and Calendar.
(b) [§42] Decision and Opinion.
6. [§43] Rehearing.
D. [§44] Appeal From Small
E. Hearing in Court of Appeal.
1. [§45] Nature and Scope of Power.
2. Certification and Transfer.
(a) [§46] In General.
(b) Certification by Superior Court.
(1) [§47] Application, Opposition, and Determination.
(2) [§48] Certification and Transmission of Record.
(3) [§49] Denial or Granting of Transfer.
(c) [§50] Transfer by Court of Appeal on Own Motion.
(c-1) [§50A] (New) Transfer by Court of Appeal on Party's Petition.
(d) [§51] Remedies When Certification or Transfer Refused.
3. Proceedings in Court of Appeal.
(a) [§52] Notice of Order Granting or Denying Transfer.
(b) [§53] Stay of Proceedings Below.
(c) [§54] Record.
(d) [§55] Briefs and Oral Argument.
(e) [§56] Decision and Remittitur.
V. FINAL
JUDGMENT: ONE FINAL JUDGMENT RULE
A. In General
1. [§57] Nature of Rule.
2. [§58] Theory.
3. [§59] Distinctions.
B. Judgment Final on Collateral Matter.
1. [§60] Nature of Exception.
2. Illustrations.
(a) [§61] Support Orders.
(b) [§62] Receivers.
(c) Monetary Sanctions.
(1) [§63] Former Law.
(2) [§64] Nature of Statutory Revision.
(3) [§65] Appealability of Discovery Sanctions.
(4) [§66] No Aggregation of Sanctions To Meet Statutory Threshold.
3. Where No Act Ordered.
(a) [§67] Limitation Disregarded.
(b) [§68] Limitation Observed.
C. Judgment Final as to Party.
1. [§69] Judgment Against One Party.
2. [§70] Order Denying Intervention or Substitution.
3. [§71] Order Striking Special Answer by Third‑party Defendant.
4. [§72] Order Denying Certification of Class Action.
5. Order Striking Out Cross‑Complaint.
(a) [§73] Third Party or Codefendant: Appealable.
(b) [§74] Plaintiff or Third Party Not Served: nonappealable.
(c) [§75] Distinction: Determination of Jurisdiction.
(d) [§76] Distinction: Cross‑Complainant Not named in Action.
6. Partial Determination of Issues.
(a) General Rule: Partial Judgment Nonappealable.
(1) [§77] Complaint and Cross‑Complaint.
(2) [§78] Multiple Causes of Action.
(3) [§79] Order in Bifurcated Trial.
(4) Appeal in Severed Trial.
(aa) [§80] Former Theory: Appeal Allowed.
(bb) [§81] Severance Theory Rejected.
(5) [§81A] (New) Stipulation To Dismiss Some Causes of Action Without Prejudice.
(6) [§81B] (New) Stipulation To Dismiss With Prejudice.
(b) Exceptions to Rule: Partial Judgment Appealable.
(1) [§82] Different Parties.
(2) Appeal Saved by Amendment of Judgment.
(aa) [§83] In General.
(bb) [§84] Multiple Causes of Action.
(cc) [§85] Complaint and Cross‑Complaint.
(dd) [§86] Theory Criticized and Rejected.
(3) [§87] Appeal in Case Consolidated for Trial.
(4) Appeal Saved by Treating It as Writ Application.
(aa) [§88] Stipulation and Court's Discretion.
(bb) [§89] Distinction: Late Appeal.
(cc) [§90] Jurisdiction Declined.
(dd) [§91] Jurisdiction Accepted.
(5) [§92] Appeal Considered in Court's Discretion.
(6) [§93] Order in Bifurcated Family Law Case.
D. Interlocutory and Final Judgments.
1. [§94] Nonappealable Interlocutory Judgment.
2. [§95] Final Judgment Mislabeled Interlocutory.
3. [§96] Appealable Interlocutory Judgments.
E. Judgments in Special Proceedings.
1. [§97] In General.
2. Orders in Arbitration Proceeding.
(b) [§98] Order Directing Arbitration Nonappealable.
(b) [§99] Order Denying Arbitration Appealable.
(c) [§100] Orders After Arbitration Appealable.
3. [§101] Motion as Special Proceeding.
F. [§102] Dismissal and Nonsuit.
G. [§103] Summary Judgment.
H. [§104] Habeas Corpus.
J. Order Granting or Denying Writ.
1. [§106] General Rule: Order Appealable.
2. Judgment Directed at Municipal Court.
1. [§107] Prohibition or Mandamus: Not Appealable.
(a) [§108] Certiorari: Appealable.
K. [§109] Agricultural Labor Relations Board Enforcement Judgment.
L. [§110] Appeal in Sterilization Case.
A. In General.
1. [§111] Theory of Nonappealability.
2. [§112] Where Appealable Judgment Entered.
B. Pleading and Parties.
1. [§113] Demurrer and Judgment on Pleadings.
2. [§114] Motion To Strike.
3. [§115] Amendment and Substitution of Parties.
4. [§116] Class Certification.
C. [§117] Evidence and Discovery.
D. [§118] Orders at Trial.
E. Steps Preliminary to Final Judgment.
1. [§119] In General.
2. [§120] Order for Judgment.
3. [§121] Minute Order.
4. [§122] Notice of Ruling.
F. [§123] Order Denying New Trial.
G. [§124] Order Denying Motion for Reconsideration.
H. [§125] Order Made Nonappealable by Waiver.
VII.
ORDERS APPEALABLE UNLESS APPEAL PROHIBITED
A. [§127] Orders Dealing With Venue.
B. [§128] Orders Dealing With Process.
B-1. [§128A] (New) Order on Special Motion To Strike in SLAPP Suit.
C. Orders Dealing With Provisional Remedies.
1. [§129] Attachment.
2. Injunction.
(a) [§130] In General.
(b) [§131] Order Modifying Injunction.
(c) [§132] Interlocutory Order Denying Permanent Injunction.
3. Receivers.
(a) [§133] Appointment and Vacating Appointment.
(b) [§134] Accounts and Discharge.
C-1. [§134A] (New) Orders in Tax Refund Cases.
D. Orders After Verdict or Judgment.
1. Orders Affecting Final Judgment
(a) [§135] General Rule: Appealable.
(b) Limitations.
(1) Order Must Affect Judgment or Relate to Enforcement.
(aa) [§136] In General.
(bb) [§137] Standard for Determinining if Order Affects Judgment or Relates to Enforcement.
(2) [§138] Order Must Raise Different Issues.
(3) [§139] Judgment Must Be Final.
(c) [§140] Orders Dealing With Enforcement.
(d) Orders Dealing With Costs.
(1) [§141] In General.
(2) [§142] No Separate Appeal Required.
(e) [§143] Orders Dealing With Receiver.
(f) [§144] Order Awarding Attorneys' Fees on Appeal.
(g) [§145] Miscellaneous Orders.
2. [§146] Order Granting New Trial.
3. [§147] Order Denying Judgment Notwithstanding Verdict.
4. Order Granting Motion To Vacate.
(a) [§148] General Rule: Appealable.
(b) [§149] Exception: Order Vacating Nonappealble Order.
(c) [§150] Conditional Vacating Order.
5. Order Denying Motion To Vacate.
(a) [§151] General Rule: Nonappealable.
(b) Exceptions.
(1) [§152] No Effective Appeal From Judgment.
(2) [§153] Appellant Not an Original Party.
(3) [§154] Statutory Motions.
(4) [§155] Motion To Vacate Void Judgment.
E. Probate Orders and Decrees.
1. In General.
(a) [§156] Probate Code Provisions Exclusive.
(b) [§157] Denial of Appealable Order.
(c) [§158] Nonappealable Orders.
2. Probate and Appointment of Representative.
(a) [§159] Admitting Will or Revoking Probate.
(b) [§160] Issuing or Revoking Letters.
(c) [§161] Existence of Will Contest.
3. Administration of Estate.
(a) [§162] Sales and Investments.
(b) [§163] Payments.
(c) [§164] Determining Property Interests.
(d) [§165] Instructions.
(e) [§166] Settlement of Accounts.
(f) [§167] Small Estates and Exemptions.
(g) [§168] Heirship and Distribution.
4. [§169] Order on Motion for New Trial.
5. [§170] Order on Motion To Vacate.
6. Guardianship and Conservatorship Orders.
(a) [§171] Former Law.
(b) [§172] Appealable Orders.
7. [§173] Trusts and Trustees.
VIII.
PARTIES AND RIGHT TO APPEAL
A. Appellant Must Be Party.
1. Party to Action.
(a) [§174] In General.
(b) [§175] Substitution of Parties.
2. Party to Record After Judgment.
(a) Procedure for Becoming Party.
(1) [§176] Motion To Vacate.
(2) [§177] Motion for New Trial.
(b) Necessity of Motion.
(1) [§178] General Rule: Motion Required.
(2) [§179] Exceptions.
(c) [§179A] (New) Intervention by Attorney General.
3. [§180] Distinction: Probate Proceeding.
4. [§180A] (New) Distinction: Res Judicata Effect on Nonparty.
B. Appellant Must Be Aggrieved.
1. Necessity of Interest Injuriously Affected.
(a) Nature of Requirement.
(1) [§181] In General.
(2) [§182] Illustrations of Aggrieved Parties.
(b) No Interest in Subject Matter.
(1) [§183] In General.
(2) [§184] Debtor in Bankruptcy.
(3) [§185] Former Attorney Requesting Fees.
(4) [§186] Attorney Potentially Liable for Malpractice.
(c) [§187] Judgment Affecting Other Parties.
(d) [§188] Judgment in Favor of Appellant.
(e) Judgment by Consent.
(1) [§189] General Rule: Nonappealable.
(2) Exceptions.
(aa) [§190] In General.
(bb) [§191] Judgment Void on Constitutional Grounds.
(cc) [§192] Consent Given To Facilitate Appeal.
(f) [§193] Judgment by Default.
2. Persons in Representative Capacity.
(a) Executors, Administrators, Trustees, and Guardians.
(1) [§194] In General.
(2) [§195] Rights of Beneficiaries.
(3) [§196] No Contest Clause.
(b) [§197] Shareholder in Derivative Suit.
(c) [§198] Attorney After Client's Death.
(d) [§199] Representative Both Appellant and Respondent.
3. [§200] Court or Administrative Agency.
C. Partial Appeal.
1. [§201] Appeal by Less Than All Parties.
2. Appeal From Part of Severable Judgment.
(a) [§202] General Rule.
(b) [§203] Illustrations.
3. [§204] No Partial Appeal Where Judgment Nonseverable.
4. Judgment of Dissolution of Marriage.
(a) Dissolution and Property Issues Severable.
(1) [§205] Case Law Background.
(2) [§206] Codification of Partial Appeal Rule.
(b) [§207] Jurisdiction Over Property Issues Reserved.
D. Waiver or Forfeiture of Right.
1. [§208] Express Waiver.
2. Compliance With Judgment.
(a) [§209] In General: Voluntary Compliance or Satisfaction.
(b) [§210] Where Restitution After Reversal Not Practical.
(c) [§211] Distinction: Enforced Satisfaction.
3. Acceptance of Benefits.
(a) General Rule of Waiver.
(1) [§212] Acceptance of Benefits of Judgment.
(2) [§213] Acceptance of Arbitration Award.
(3) [§214] Acceptance of Benefits of Settlement.
(b) [§215] Illustrations.
(c) Exceptions.
(1) [§216] Appeal Seeking Greater Recovery.
(2) [§217] Judgment Severable.
(3) [§218] No Substantial Benefit Received.
(4) [§219] Statute or Agreement Preserving Right of Appeal.
(5) [§220] Conditional New Trial Order.
(6) [§221] Policy Exception
for
(d) [§222] Executing Satisfaction of Judgment.
4. Loss of Right as Penalty.
(a) [§223] Failure of Corporation To Pay Taxes.
(b) [§224] Party in Contempt.
(c) [§225] Misconduct Without Contempt Adjudication.
(d) [§226] Stay in Marital Proceeding.
IX. STAY
OF ENFORCEMENT
A. In General.
1. [§227] Methods of Staying Enforcement.
2. [§228] Effect of Stay.
3. [§229] Stay by Trial Judge.
B. Child Custody and Dwelling Exclusion.
1. [§230] Statutory Development.
2. [§231] Discretionary Stay by Judge.
3. Stay by Supersedeas.
(a) [§232] In General.
(b) [§233] Writ Denied.
(c) Writ Granted.
(1) [§234] Relevant Factors.
(2) [§235] Avoidance of Conflicting Rulings by Courts of Concurrent Jurisdiction.
4. [§236] Modification of Custody Order.
C. Stay by Undertaking.
1. When Undertaking Is Required.
(a) Judgment Directing Payment of Money.
(1) Judgments Covered.
(aa) [§237] Money or Payment of Money.
(bb) [§238] Costs Awarded Against Party Rejecting Compromise.
(cc) [§239] Costs Awarded Against Party Demanding Trial de Novo After Arbitration.
(dd) [§240] Attorneys' Fees Awarded as Sanction.
(2) Judgments Not Covered.
(aa) [§241] In General.
(bb) [§242] Judgment for Costs Alone.
(cc) [§243] Attorneys' Fees as Costs.
(3) [§244] Condition of Undertaking.
(4) [§245] Amount of Undertaking.
(b) Judgment Directing Delivery of Documents or Personal Property.
(1) [§246] Application of Statute.
(2) [§247] Recovery for Decline in Value.
(3) [§248] Exception: Appellant Not in Possession.
(c) Judgment Directing
(1) [§249] Application of Statute.
(2) [§250] Exception: Appellant Not in Possession.
(3) [§251] Forcible Entry or Unlawful Detainer.
(d) [§252] Foreclosure of Chattal Mortgage.
(e) [§253] Appointment of Receiver.
(f) [§254] Right To Attach Order.
(g) [§255] Order for Family Allowance in Probate.
2. Procedure on Undertaking.
(a) In General.
(1) [§256] Deposit in Lieu of Bond.
(2) [§257] Form and Filing.
(3) [§258] Provisional Stay.
(4) [§259] Waiver or Reduction of Undertaking.
(b) Fixing Amount.
(1) [§260] In General.
(2) [§261] Additional Security Not Allowable.
(3) [§262] Distinction: Changed Circumstances.
(c) Defective or Insufficient Undertaking.
(1) [§263] Objections.
(2) [§264] Execution Not Stayed.
(3) [§265] Appeal Not Affected.
(4) [§266] Defective Bond or Insufficient Sureties.
(5) [§267] Substitution of Sufficient Undertaking.
(6) [§268] Distinction: Valid Partial Undertaking.
(d) Liability of Surety.
(1) [§269] Construction of Bond.
(2) [§270] Failure To Give Sufficient Undertaking.
(2) [§271] Enforcement of Liability.
Surety's Right of Subrogation.
(1) [§272] In General.
(2) [§273] Where Surety Liable on Judgment Itself.
(3) [§274] Rights as Between Successive Sureties.
D. Stay by Appeal Without Undertaking.
1. Automatic Stay.
(a) [§275] Theory.
(b) [§276] Illustrations.
(c) [§277] Judgment in Guardianship or Conservatorship Proceeding.
2. Exception: Undertaking in Court's Discretion.
(a) [§278] Background and Former Law.
(b) [§279] Revision of 1993.
3. Exemption From Undertaking Requirement.
(a) [§280] Representatives.
(b) [§281] Governmental Officers.
E. Judgments Not Stayed by Appeal or Undertaking.
1. Self‑Executing Judgments.
(a) [§282] Rule and Theory.
(b) [§283] Prohibitory Injunction.
2. [§284] Other Types Not Stayed.
3. [§285] Appeal From Order After Judgment.
F. Stay by Writ of Supersedeas.
1. In General.
(a) [§286] Nature and Purpose of Writ.
(b) [§287] Effect of Constitutional Revision.
(c) [§288] Discretion of Reviewing Court.
(d) Retroactive and Corrective Effect.
(1) [§289] Stay in Effect.
(2) [§290] Stay Not in Effect.
2. Circumstances Under Which Writ Should Issue.
(a) Statutory Stay Violated.
(1) [§291] Appeal Stayed by Undertaking.
Automatic Stay.
(aa) [§292] In General.
(bb) [§293] Necessity of Writ.
(b) [§294] Valid Bond but Sureties Insufficient.
(c) [§295] Judgment Not Stayed by Appeal or Undertaking.
(d) [§296] Cost of Bond Prohibitive.
3. Reasons for Refusal of Writ.
(a) In General.
(1) [§297] No Valid Appeal.
(2) [§298] Appeal Without Merit.
(3) [§299] Writ Would Defeat Statutory Purpose.
(4) [§300] Failure To Exhaust Other Remedies.
(b) Self‑Executing Judgment: In General.
(1) [§301] Theory of Refusal.
(2) [§302] Illustrations.
(c) Self‑Executing Judgment: Prohibitory Injunction.
(1) Prohibitory Injunction Granted.
(aa) [§303] Former Law: Writ Refused.
(bb) [§304] Current Law: Writ Authorized.
(2) Prohibitory Injunction Denied.
(aa) [§305] Former Law: Writ Refused.
(bb) [§306] Current Law: Writ Authorized.
4. Procedure.
(a) [§307] Petition.
(b) [§308] Temporary Stay.
(c) [§309] Opposition.
(d) [§310] Determination.
(e) [§311] Form and Content of Writ.
(f) Conditions.
(1) [§312] Bond.
(2) [§313] Other Protective Conditions.
(3) [§314] Prompt Prosecution of Appeal.
(g) [§315] Modification and Recall.
X. SCOPE
OF REVIEW: IN GENERAL
A. Function of Appellate Court.
1. Review of Question of Law.
(a) [§316] General Principle.
(b) [§317] Illustrations.
(c) [§318] Distinction: Independent Review of "Constitutional Fact."
2. [§319] Review of Mixed Question of Fact and Law.
3. [§320] Moot or Abstract Question.
4. Error That Appellant Cannot Assert.
(a) [§321] Error Favorable to Appellant.
(b) [§322] Error Favorable to Coparty.
(c) Error Against Nonappealing Party.
(1) [§323] In General.
(2) [§324] Nonappealing Class Member.
5. Review of Error Against Nonappealing Party.
(a) [§325] Point Raised by Appellate Court.
(b) Point Raised by Respondent.
(1) [§326] Nature of Problem and Former Law.
(2) [§327] To Negative Prejudice From Error Against Appellant.
6. Matters Outside Record.
(a) [§328] General Rule: Nonreviewable.
(b) [§329] Exceptions.
7. Matters Occurring After Entry of Judgment.
(a) [§330] General Rule: Nonreviewable.
(b) Exceptions.
(1) [§331] Judgment Inoperative.
(2) Change in Circumstances or Law.
(aa) [§332] Change Following Entry of Equitable Degree.
(bb) [§333] Change in Other Types of Cases.
(cc) [§334] Change After Trial But Before Judgment.
(3) [§335] Postjudgment Order Fixing Costs and Fees.
8. Matters Unnecessary to Decision.
(a) [§336] General Rule: Nonreviewable.
(b) [§337] Exception: Guidance of Trial Court.
(c) Other Departures From Rule.
(1) [§338] In General.
(2) [§339] Decision on Merits in Dismissed Appeal.
9. Reasons for Trial Court's Decision.
(a) [§340] General Rule: Nonreviewable.
(b) Illustrations.
(1) [§341] Exclusion of Evidence.
(2) [§342] Other Situations.
(c) [§343] Exceptions.
(d) Trial Judge's Opinion.
(1) [§344] In General.
(2) [§345] Aid to Interpretation or Discovery of Grounds.
(3) [§346] Other Uses.
10. Policy of Legislation.
(a) [§347] Improper Consideration.
(b) [§348] Proper Consideration.
B. Presumptions in Favor of Judgment.
1. [§349] In General.
2. Appeal on Judgment Roll.
(a) [§350] Former Law.
(b) Effect of Rule 52.
(1) [§351] Nature of Rule.
(2) [§352] Application to Judgment Roll Appeal.
(3) [§353] Error on Face of Record.
(c) [§354] No Review of Sufficiency of Evidence.
3. [§355] Appeal From Default Judgment.
C. Review of
1. [§356] Rule and Theory.
2. [§357] Illustrations.
3. [§358] Limits of Legal Discretion..
XI.
SCOPE OF REVIEW: SUFFICIENCY OF EVIDENCE
A. Rule of Conflicting Evidence.
1. In General.
(a) [§359] Nature of Rule.
(b) [§360] Policy Limitations on Power.
(c) [§361] Function of Appellate Court.
(d) [§362] Examination of Entire Record.
2. What Constitutes Substantial Evidence.
(a) [§363] Slight Evidence of Respondent.
(b) [§364] Overwhelming Evidence of Appellant Disregarded.
(c) [§365] Where Clear and Convincing Evidence Required.
(d) [§366] Evidence Attacked as Inherently Improbable.
3. What Does Not Constitute Substantial Evidence.
(a) [§367] No Clear Test.
(b) [§368] Illustrations.
4. [§369] Review of Punitive Damage Award.
B. Rule of Conflicting Inferences.
1. [§370] Nature of Rule.
2. [§371] Exception: Only One Reasonable Inference.
3. [§372] Distinction: Questions of Law.
4. [§373] Stipulation of Facts.
C. Review of Interpretation of Writings.
1. [§374] Nature of Problem.
2. [§375] Extrinsic Evidence Conflicting.
3. [§376] No Extrinsic Evidence Introduced.
4. [§377] Extrinsic Evidence Not Conflicting.
D. Review of Administrative Review.
1. [§378] Nature of Problem.
2. Findings of Trial Court Upheld.
(a) [§379] Moran Case.
(b) [§380] Decisions Following Moran Rule.
3. [§381] Distinction: Legislative Determination.
E. [§382] Reconciliation of Conflicting Decisions.
XII.
SCOPE OF REVIEW: ESTOPPEL AND WAIVER
A. Error Invited: Estoppel.
1. [§383] Theory of Invited Error.
2. [§384] Appellant's Act Inducing Error.
3. [§385] Appellant's Objection Inducing Error.
4. [§386] Respondent's Objection Inducing Error.
5. [§387] Exception: Defensive Acts.
B. Error Consented to: Waiver.
1. [§388] Theory of Error Waived.
2. [§389] Express Waiver.
3. Implied Waiver.
(a) [§390] Failure to Object.
(b) [§391] Acts Indicating Acquiescence.
(c) [§392] Concession of Liability.
4. [§393] Exception: Defensive Acts.
C. Point Not Properly Raised Below.
1. [§394] Nature and Scope of Rule.
2. Methods of Raising Point.
(a) [§395] Formal Exceptions Abolished.
(b) [§396] Steps Before and During Trial.
(c) [§397] Motion for New Trial.
3. [§398] Exceptions to Requirement.
D. Theory of Trial.
1. Nature of Doctrine.
(a) [§399] In General.
(b) [§400] Justification.
2. Application of Doctrine.
(a) [§401] Sufficiency of Pleadings.
(b) [§402] Matters in Issue.
(c) Governing Rule of Law.
(1) [§403] Measure of Damages.
(2) [§404] Controlling Statute or Ordinance.
(3) [§405] Legal Relationship or Ground of Liability.
3. Exceptions to Doctrine.
(a) [§406] In General.
(b) [§407] Issue of Law Alone.
XIII.
REVERSIBLE ERROR
A. In General.
1. [§408] Development of
2. Theory of Constitutional Provision.
(a) [§409] No Presumption of Injury From Error.
(b) [§410] Review of Entire Record.
(c) [§411] Reversible Error Is Relative Term.
3. Review of Order on New Trial Motion.
(a) [§412] Appeal From Order Granting.
(b) [§413] Review of Order Denying.
4. [§414] Improper Evidence in Trial by Court.
5. [§415] Appeal on Short Record.
6. [§416] Analysis of Reversible Error Problem.
B. Unsubstantial Error.
1. Trivial Error or Irregularity.
(a) [§417] Clerical or Grammatical Error.
(b) [§418] Inadvertent Misuse of Terms.
(c) [§419] Slight Irregularity in Procedure.
2. Minor Error Usually Harmless.
(a) [§420] Defect of Parties or Pleadings.
(b) [§421] Immaterial Variance.
(c) [§422] Evidence Erroneously Admitted.
(d) [§423] Evidence Erroneously Excluded.
(e) [§424] Misconduct of Counsel, Court, or Jury.
(f) [§425] Erroneous Instruction or Failure To Instruct.
(g) [§426] Erroneous Statement of Decision or Failure To Resolve Issue.
(h) Failure To Award Nominal Damages.
(1) [§427] General Rule.
(2) [§428] Exceptions.
C. Substantial Error Not Reversible.
1. Error Cured by Party.
(a) [§429] Rulings on Pleadings.
(b) [§430] Denial of Nonsuit.
(c) [§431] Denial of Summary Judgment.
2. Error Cured by Judge or Jury.
(a) [§432] Evidence.
(b) [§433] Misconduct.
(c) [§434] Instructions.
3. [§435] Judgment Clearly Right.
D. Substantial Error Reversible Under Circumstances.
1. Close Case.
(a) [§436] Nature of Problem.
(b) Test of Reversible Error.
(1) [§437] Repudiated Test of Possible Prejudice.
(2) [§438] Current Test of Probable Prejudice.
(c) Illustrations.
(1) [§439] Rulings on Evidence.
(2) [§440] Instructions and Failure To Instruct.
(3) [§441] Defective Verdict or Statement of Decision.
(4) [§442] Review of Conflicting Evidence.
2. [§443] Numerous Errors Having Cumulative Effect.
3. [§444] Error Intentional or in Bad Faith.
4. [§445] Federal Constitutional Error.
E. Reversible Error Per Se.
1. [§446] Theory of Error Necessarily Reversible.
2. Denial or Impairment of Jury Trial.
(a) [§447] In General.
(b) [§448] Distinction: Refusal To Give Instruction.
3. [§449] Denial of Fair Hearing.
4. [§450] Improper Entry of Judgment.
5. [§451] Failure To Issue Sufficient Statement of Decision.
F. [§452] Confession of Error.
XIV.
NOTICE OF APPEAL
A. Filing in Trial Court.
1. [§453] Jurisdictional Requirement.
2. [§454] Payment of Reviewing Court Fee.
3. [§455] Effect of Nonpayment.
4. [§456] Waiver of Fee in Indigent Appeal.
B. Notification by Clerk.
1. [§457] Of Respondent.
2. [§458] Of Reviewing Court.
C. Content, Form, and Construction of Notice.
1. [§459] Statement That Party Appeals.
2. Specification of Judgment.
(a) [§460] In General.
(b) [§461] Erroneous Designation of Parties.
(c) Erroneous Specification of Nonappealable Decision.
(1) [§462] Former Strict Rule of Dismissal.
(2) [§463] Appeal Saved by Construction.
(3) [§464] Where No Judgment Entered.
3. [§465] Signature of Party or Attorney.
D. Normal Time for Filing.
1. [§466] Former Law.
2. Sixty Days After Notice of Entry of Judgment.
(a) [§467] In General.
(b) [§468] Who May Give Notice of Entry.
(c) What constitutes Sufficient Notice.
(1) [§469] In General.
(2) [§470] File‑Stamped Copy of Judgment.
(3) [§471] Erroneous or Inadequate Notice.
3. [§472] One Hundred Eighty Days After Entry.
4. [§473] Special Statutes.
5. [§474] Where Judgment Modified.
6. [§475] Where Motion Renewed.
7. [§476] Where Judgment Reinstated After Appeal.
E. Extension of Time and Cross‑Appeal.
1. [§477] In General.
2. Motion for New Trial.
(a) Extension Where Motion Denied.
(1) [§478] Purpose of Rule.
(2) [§479] Valid Notice of Motion.
(3) Period of Extension.
(aa) [§480] In General.
(bb) [§481] Forms of Extension.
(cc) [§482] Motion for Judgment Notwithstanding Verdict.
(1) [§483] Entry of Order in Minutes.
(b) Cross‑Appeal Where Motion Granted.
(1) [§484] Nature of Rule.
(2) [§485] Procedure in Appellate Court.
(3) [§486] Invalid New Trial Order.
3. Motion To Vacate.
(a) Extension Where Motion Denied.
(1) [§487] Nature of Motion.
(2) [§488] Motion on Any Ground.
(b) [§489] Cross‑Appeal Where Motion Granted.
4. Motion To Reconsider.
(a) [§490] Development of Rule.
(b) [§491] Postjudgment Motion Does Not Extend Time.
(c) [§492] Motion Denied by Entry of Judgment.
5. [§493] Motion for Judgment Notwithstanding Verdict.
6. Other Party's Appeal.
(a) [§494] In General.
(b) [§495] First Appeal Need Not Be Valid.
7. [§496] Judgment Against Public Entity.
F. What Constitutes Entry.
1. [§497] Nature of Rules.
2. [§498] Judgment and Decree of Distribution.
3. Appealable Order.
(a) [§499] Order Entered in Minutes.
(b) Signed Order.
(1) By Direction in Minute Order.
(aa) [§500] In General.
(bb) [§501] Impact of Rule 391.
(2) [§502] Without Minute Entry.
4. Distinction: Nonappealable Minute Order.
(a) Where Formal Order Required.
(1) [§503] Nature of Problem.
(2) [§504] Illustrations.
(b) [§505] Where Written Order Directed.
G. Time Jurisdictional.
1. Late Notice.
(a) [§506] In General.
(b) [§507] Exception for Criminal Appeal.
(c) No Exception for Civil Appeal.
(1) [§508] Cases Departing from Jurisdictional Rule.
(2) [§509] Jurisdictional Rule Reaffirmed.
(3) [§510] Late Appeal Not Treated as Writ Application.
(4) [§511] No Writ Review Where Petitioner Failed to Appeal.
2. Premature Notice.
(a) [§512] Notice After Rendition: Valid.
(b) Notice Before Rendition: Discretionary Relief.
(1) [§513] In General.
(2) [§514] Good Cause Implied.
(3) [§515] Relief Granted.
(4) [§516] Relief Denied.
H. [§516A] (New) Case Information Statement.
XV.
RECORD ON APPEAL
A. In General.
1. [§517] Nature of Record.
2. [§518] Duty of Appellant To Furnish Record.
3. Record Furnished Without Costs.
(a) [§519] In General.
(b) [§520] Lanterman‑Petris‑Short Conservatorship Proceeding.
4. [§521] Form of Record.
5. [§522] Time and Extension.
6. [§523] Use of Copy of Record.
B. Reporter's Transcript.
1. [§524]
2. Partial Transcript.
(a) [§525] In General.
(b) [§526] Effect of Pretrial Order.
3. [§527] Appellant's Notice To Prepare Transcript.
4. Deposit.
(a) [§528] Deposit of Approximate Cost.
(b) [§529] Failure To Make Deposit.
(c) [§530] Exception: Transcription Reimbursement Fund.
5. [§531] Clerk's Notification to Reporter.
6. [§532] Preparation and Filing.