An appeal is a proceeding in which a higher court reviews the actions taken by a trial court. Appeals are generally limited to a review of the record from the lower court. Parties cannot introduce new evidence and are limited to what was said and introduced at the original proceeding. Issues not raised at trial cannot be raised in the appeal. The appellate court reviews the lower court's application of the law to the facts as presented at trial. Factual findings by the judge or jury at the trial level are not reversible by the appellate court. The appellate court may only decide if there were errors of law serious enough to prevent a party from having a fair trial, or if there was insufficient evidence at trial to support the lower court's decision. If the trial judge properly applied the laws, and the decision was supported by substantial evidence, the appellate court will not overturn the judge's decision.
For a more detailed introduction to appeals, see:
California Civil Appellate Practice Chap. 1. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
California Forms of Pleading and Practice Chaps. 40 & 41. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
California Practice Guide: Civil Appeals and Writs Chaps. 1 & 2. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
The California Court of Appeal, Step By Step : Civil Appellate Practices and Procedures for the Self-Represented KFC 1075 .C35 (Self Help)
Electronic Access: Free on the Internet at http://www.courts.ca.gov/8676.htm
Appeals Procedures Manual Chaps. 101 & 102. KFC 1075 .A67
APPEALABLE ORDERS
Not all orders and judgments can be appealed. To ensure that your matter is appealable, consult the California Code of Civil Procedure, sections 904.1 and 904.2.
For further discussion of the types of orders and judgments that can be appealed, see:
California Practice Guide: Civil Appeals and Writs Chap. 2. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
California Civil Appellate Practice Chap. 3. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
Handling Civil Appeals with Judge's Perspective KFC 1075 .Z9 H36
Electronic Access: On the law library computers, using OnLaw.
California Jurisprudence Appellate Review, §§24-113. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
Appeals Procedures Manual Chap. 103. KFC 1075 .A67
WHERE AN APPEAL IS HEARD:
Rulings from limited civil cases are appealed to the appellate division of the superior court (CCP 904.2, governed by CRC 8.800-8.843). Appeals from rulings in unlimited civil cases are heard by the California Court of Appeals, 3rd District (CCP 904.1, governed by CRC 8.1000-8.1018). The general procedures are the same for both types of appeal.
For details about handling appeals in limited jurisdiction matters, see:
California Civil Appellate Practice Chap. 10. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
California Practice Guide: Civil Appeals and Writs Chap. 16. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
California Jurisprudence Appellate Review, §§352-361. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
NOTICE OF APPEAL
The Notice of Appeal formally notifies the court and your opponent that you plan to appeal the judgment or order. A Notice of Appeal must be served on the opposing party and filed with the clerk of the trial court. There are very strict deadlines for filing your Notice of Appeal. To find the filing deadline for your case, see the California Rules of Court, Rules 8.100-8.793.
Common deadlines are:
Limited Civil –30 calendar days from the date of mailing of the Notice of Entry of Judgment
Unlimited Civil – 60 calendar days from the date of mailing the Notice of Entry of Judgment or, if the notice is not mailed, within 180 days from the date of entry of judgment.
Remember that these are general guidelines, and may not apply to your case. For more information on calculating the time for filing your notice of appeal, see:
California Civil Courtroom Handbook and Desktop Reference Chap. 42.
KFC 995 .Z9 T46 (Reference)
Civil Procedures Manual Chap. 908. KFC 995 .C58 (Reference)
California Forms of Pleading and Practice Chap. 42. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
California Practice Guide: Civil Appeals and Writs Chap. 3. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
Handling Civil Appeals with Judge's Perspective KFC 1075 .Z9 H36
Electronic Access: On the law library computers, using OnLaw.
California Jurisprudence Appellate Review, §§362-393. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
Appeals Procedures Manual Chap. 105. KFC 1075 .A67
The Notice of Appeal may be typed on pleading paper, or can be made by completing a fill-in-the-blanks form specific to your type of case. You can access these forms online at http://www.courts.ca.gov/forms.htm and at http://www.saccourt.ca.gov.
Commonly used Notice of Appeal forms in civil cases:
APP-002 Unlimited Civil Case (http://www.courts.ca.gov/documents/app002.pdf)
Local Form Limited Civil Case (www.saccourt.ca.gov/forms/docs/cv-017.pdf)
Additional information and sample Notices of Appeal can be found in:
California Forms of Pleading and Practice Chap. 42. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
California Practice Guide: Civil Appeals and Writs Chap. 3. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
California Civil Appellate Practice Chap. 7. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
California Jurisprudence Appellate Review, §§217-221. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
The California Court of Appeal, Step By Step : Civil Appellate Practices and Procedures for the Self-Represented Chap. 2 and Sample Form A.
KFC 1075 .C35 (Self Help)
Electronic Access: Free on the Internet at http://www.courts.ca.gov/8676.htm
NOTICE DESIGNATING RECORD ON APPEAL
Since the appellate court was not present at the trial or hearing, there must be an official record of the proceedings for the court to review in assessing the appeal. Within 10 days of filing the Notice of Appeal, the appellant must tell the trial court clerk in writing what documents and transcripts to include in the record that will be sent to the appellate court. The reviewing court will assume that all relevant materials are included in the record (see California Rules of Court, Rule 8.163), and will not consider any documents, exhibits, or testimony not included in the record (see California Jurisprudence, Appellate Review, §§485-576. KFC 80 .C35). The most common types of records are discussed below.
Clerk's Transcript
The Clerk's Transcript is a compilation of documents filed in the lower court. The appellant must specify each document to be included by its title and filing date. If no specific documents are designated, the clerk will prepare the records described in CRC Rule 8.832. Unless an approved fee waiver is on file, the appellant is responsible for the costs of preparing the Clerk's Transcript. In certain situations, you may be able to use an Appendix in lieu of a Clerk's Transcript. See the resources listed below for more information.
Reporter's Transcript
A Reporter's Transcript is a written record of the oral proceedings in the trial court. A Reporter's Transcript is not required, but is often necessary if the appellant wishes to appeal an issue that requires consideration of the oral proceedings. Reporter's Transcripts are described in CRC Rule 8.834. Reporter's Transcripts are not available for all cases.
With the notice designating the Reporter's Transcript, you must deposit the approximate cost of transcribing the desired portions of the proceedings. The cost may be obtained from the reporter's written estimate, or calculated at a rate of $650 per court day (over 3 hours of court time) or $325 per fraction of a court day (less than 3 hours of court time). The costs of Reporter's Transcripts are not covered by a fee waiver. You may motion the court for a free copy of the transcript. For more information about obtaining a reporter's transcript, contact the Court Reporter's Office at 916-874-5781.
If a Reporter's Transcript is not available for your case, you may be able to prepare a Settled or Agreed Statement instead. Settled or Agreed statements may be used for strategic reasons, as well. See CRC Rules 8.836-8.838, and the resources listed below, for more information.
For descriptions of other types of records, information on determining the type of record needed, and tips for choosing the elements to include in your record, see:
California Forms of Pleading and Practice Chap. 44. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
California Practice Guide: Civil Appeals and Writs Chap. 4. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
California Civil Appellate Practice Chap. 9. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
Handling Civil Appeals with Judge's Perspective KFC 1075 .Z9 H36
Electronic Access: On the law library computers, using OnLaw.
California Jurisprudence Appellate Review, §§485-576. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
The California Court of Appeal, Step By Step : Civil Appellate Practices and Procedures for the Self-Represented Chap. 3 and Sample Form F.
KFC 1075 .C35 (Self Help)
Electronic Access: Free on the Internet at http://www.courts.ca.gov/8676.htm
Appeals Procedures ManualChaps. 107 & 110. KFC 1075 .A67
OPENING BRIEF
After the record is filed in the appellate court, the court will notify the parties of the dates by which the briefs are due. Opening Briefs are typically due within 30 after the record is filed, or within 70 days if the parties are proceeding without a transcript.
The appellant's Opening Brief must concisely describe the legal errors in the trial court proceedings, using references to the record, the facts of the case, and the relevant law supporting each argument made in the appeal. In this brief, the appellant must raise all issues to be appealed, and provide supporting authority for all issued raised. Neglecting to raise an issue or provide supporting authority for an issue will render that issue waived or abandoned.
The brief must contain a table of contents, a table of authorities, and a certificate of interested parties. The brief must comply with the length and format requirements described in CRC Rules 8.200-8.224. If you do not conform to these requirements, the court will not consider your appeal. A copy of the brief must be served on each party or his attorney, and four copies must be filed with the court.
For good tips on writing an Opening Brief, see:
California Forms of Pleading and Practice Chap. 50. KFC 1010 .A65 C3
Electronic Access: On the law library computers, using the LexisNexis CD.
California Practice Guide: Civil Appeals and Writs Chap. 9. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
California Civil Appellate Practice Chap. 12. KFC 1075 .S7
Electronic Access: On the law library computers, using OnLaw.
Handling Civil Appeals with Judge's Perspective KFC 1075 .Z9 H36
Electronic Access: On the law library computers, using OnLaw.
California Jurisprudence Appellate Review, §§602-631. KFC 80 .C35
Electronic Access: On the law library computers, using Westlaw.
The California Court of Appeal, Step By Step : Civil Appellate Practices and Procedures for the Self-Represented Chap. 5. KFC 1075 .C35 (Self Help)
Electronic Access: Free on the Internet at http://www.courts.ca.gov/8676.htm
For a sample Opening Brief, see:
West's California Litigation Forms: Civil Appeals and Writs Chap. 8.
KFC 1075 .E481
California Practice Guide: Civil Appeals and Writs Chap. 9. KFC 1075 .E48
Electronic Access: On the law library computers, using Westlaw.
Sample Pleadings, Motions and Briefs binder (Reference Desk)
The California Court of Appeal, Step By Step : Civil Appellate Practices and Procedures for the Self-Represented Sample form K. KFC 1075 .C35 (Self Help)
Electronic Access: Free on the internet at http://www.courts.ca.gov/8676.htm
updated 9/11 mpj