What is an Appeal?
An appeal is a review of the trial court's decision by another court.
A party may appeal an unfavorable judgment and certain orders.
Generally, the appeal must be based on an argument that a legal error
was made by the trial court.
An appeal is not a retrial. You will not be permitted to introduce
new evidence, and the appellate court will not reassess conflicting
evidence.
You may not appeal on behalf of a friend, a spouse, a child, or other
relative (unless you are a legally appointed guardian).
The party who files the appeal is called the appellant. The opposing
parties are the respondents.
NOTE: The information contained in this page does not apply to appeals from a small claims judgment.
Filing a Notice of Appeal
The first step in an appeal is filing the written Notice of Appeal. This
notice tells the other parties in the case and the
court that you are appealing a decision of the trial court.
The Notice of Appeal must be filed with the Appeals Unit before the
filing deadline. For example, the Notice of Appeal in a felony case must be
filed within 60 calendar days after sentencing [CRC 8.308]. To find
the filing deadline for your case, see the California
Rules of Court, Rules 8.1-8.793.
The Notice of Appeal may be written on pleading paper or can be made
by completing the form specific to your type of appeal. Below are links
to the more commonly used forms. Other forms can be found on the Judicial
Council's web site.
There are other time limits and regulations in proceeding with an
appeal. Read the California Rules of Court to verify that you are meeting the timelines
for every step. Failure to meet deadlines may result in dismissal of your appeal.
Fees
& Fee Waivers
The filing fees for the Notice of Appeal can be found on the court's fee
schedule. Checks or money orders should
be made payable to Sacramento Superior Court, with the exception of the
$655 filing fee for the Court of Appeal.
If you cannot afford to pay the filing fees and other court costs,
you may qualify for a waiver of those
costs.
Failure to pay the filing fee or obtain a waiver may result in
dismissal of your appeal.
Designation of Transcripts
Since the appellate court was not present at the trial or other
proceedings, there must be an official record of the proceedings for the
court to review in assessing the appeal. In criminal appeals, the court
will prepare the standard record as specified in the California Rules of
Court, unless the trial judge has granted a request for additional items.
In civil appeals, the appellant must tell the trial court what documents
and oral proceedings, if any, to include in the record that will be sent
to the appellate court. This is done by filing a Judicial Council
Notice Designating the
Record on Appeal. The appellant's failure to file this notice may result
in dismissal of the appeal. The respondent may also request documents by
filing a Notice Designating the Record on Appeal; however, failure to do
so will not affect the appeal.
Clerk's Transcript
The Clerk's Transcript is a compilation of the documents filed in the
trial court. In criminal appeals, the Clerk's Transcript will include
those documents required by the California Rules of Court. In civil
appeals, you must designate each document you want included by its title
and filing date. If the filing date is not know, the date the document
was signed may be used instead.
The superior court clerk will send the parties a bill for the cost of
preparing the Clerk's Transcript. The appellant is responsible for
paying for the appellate court's copy as well as his own copy. The
respondent may buy a copy of the transcript, but is not obligated to do
so. Costs must be paid within 10 days or the appeal may be dismissed.
(There is no charge for preparing the Clerk's Transcript in felony and
death penalty appeals.)
Reporter's Transcript
A Reporter's Transcript is a written record (often called the
"verbatim" record) of the oral proceedings in the trial court.
A reporter's transcript is not required but is usually necessary. In
felony and death penalty appeals, the Reporter's Transcript will include
those hearing dates required by the California Rules of Court. In all
other appeals, you must designate each date to be included.
With the notice designating the Reporter's Transcript, you must deposit the approximate cost of transcribing the proceedings
designated. The cost may be obtained from the reporter's written
estimate or calculated at $650 per day (more than three hours of court
time) or $325 per fraction of a day (less than three hours of court
time). If you have been granted a waiver of court fees and costs, you
must still pay the Reporter's Transcript costs or motion the court for a
free copy of the transcript. To request a reporter's written estimate, contact the Court
Reporter's Office at 916-874-5781 prior to filing the designation.
A Reporter's Transcript is not available in all cases. A transcript
of testimony can be established by a settled statement or, in civil
cases only, an agreed statement.
Briefs
A brief is a party's written description of the facts in the case,
the relevant law, and the party's argument. The brief must clearly
explain, using references to the Clerk's and Reporter's Transcripts, the
claimed legal errors in the trial court proceedings. Each brief must
contain a table of contents and a table of authorities. There is also a
limit on brief length. The preparation and filing of briefs is governed
by the California Rules of Court and
Sacramento Superior Court Local
Rule 16.01.
After the record is filed in the appellate court, you will receive a
notice telling you when to file your brief. Read the notice carefully
for directions on length and service. The appellant's failure to file an
opening brief may result in dismissal of the appeal.
Hearings
When the record is filed in the appellate court, you will receive
notice of the time for
oral argument. This hearing will be set far enough in
advance to allow time to get all briefs filed. Sacramento
Superior Court's Appellate Division holds oral arguments on the 3rd
Friday of the month in the Presiding Appellate Judge's courtroom. The
proceedings are open to the public.
You may appear at oral argument or give up your
right to argue your case at a hearing. If you give up the right,
you should contact the appellate court's clerk in writing and tell the
court you are submitting the appeal on the briefs and the record.
If you attend the hearing, you cannot present witnesses or
evidence. The judges will have read your briefs and the
record, so try to stress the important points rather than reading your
brief to the court. After the hearing, you will be informed by
mail of the decision.
Civil, Felony,
Misdemeanor, Traffic and Unlawful Detainer
The Appeals Unit responsible for the filing of appeals in Civil,
Felony, Misdemeanor, Traffic and Unlawful Detainer matters is located in
Room 101 on the
first floor of the Downtown
Courthouse at 720 9th Street, Sacramento, CA 95814. The telephone number is
916-874-5403. Office
hours are from 8:30 a.m. to 4:30 p.m.
Family Law, Adoption, Probate and Juvenile Dependency
The Appeals Unit responsible for the filing of appeals in Family
Law, Adoption, Probate and Juvenile Dependency matters is located on the third
floor of the William R. Ridgeway Family Relations Courthouse at 3341
Power Inn Road, Sacramento, CA 95826. The office hours are 8:00
a.m. to 4:30 p.m. The telephone number is 916-875-2537.
Juvenile Delinquency
The Appeals Unit responsible for the filing of appeals in Juvenile
Delinquency matters is located at the B. T. Collins Juvenile Center at 9601
Kiefer Boulevard, Sacramento, CA 95827. The office hours are
from 8:00 a.m. to 5:00 p.m. The telephone number is 916-875-5210.
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