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Appeals

What is an Appeal?

An Appeal is the review of the decision of a trial court's final judgment or other legal ruling. An appeal is not a new trial. Any party who lost in a case decision may file an appeal to have a requesting the higher court review a decision made by a lower court.

Appeal Terminology

Appellant
Party who takes an appeal from one court or jurisdiction to another.
Appellate Brief
Written arguments by counsel required to be filed on why the trial court acted incorrectly.
Augment
Addition to the official record after it has been certified to the higher court.
Clerk's Transcript
An official copy of the record in each case of the proceedings and pleadings necessary for the appellate court to review the history of the case.
Decision
A determination arrived at after consideration of facts and law.
Opinion
Statement by a judge or court of the decision reached.
Order
Direction of a court or judge made or entered in writing.
Remittitur
The returning or sending back of the record by a court of appeal or appellate court after its decision.
Reporter's Transcript
An official copy of the record of proceedings in a trial or hearing. Word for word typing of everything that was said “on the record” during the trial.
Respondent
Party who contends against an appeal.

Infraction (Traffic)

Timeline to Appeal:

A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

To learn more, you should read Title 8 of the California Rules of Court, Rules 8.900 – 8.929, which set forth the governing codes on the procedures for infraction cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line. To obtain detailed information for the process of appeals on infraction cases review Document CR-141-INFO (Information on Appeal Procedures for Infractions)

Misdemeanor

Timeline to Appeal:

A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

To learn more, you should read Title 8 of the California Rules of Court, Rules 8.800 – 8.816 and 8.850 - 8.890, which set forth the governing codes on the procedures for misdemeanor cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line. To obtain detailed information for the process of appeals on Misdemeanor cases review Document CR-131-INFO (Information on Appeal Procedures for Misdemeanors)

Felony

Timelines to Appeal:

A Notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.

To learn more you should read Title 8 of the California Rules of Court, Rules 8.300 – 8.368, which set forth the governing codes on the procedures for felony cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line.

Limited Civil

Limited Civil (Disputes involving $25,000.00 or less – includes unlawful detainers.)

Timeline to Appeal:

Rule 8.822.

(a) Normal time

(1)Image removed.Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A)Image removed.30 days after the trial court clerk mails the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was mailed;

(B)Image removed.30 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or

(C)Image removed.90 days after the entry of judgment.

(2)Image removed.Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

(3)Image removed.If the parties stipulated in the trial court under Code of Civil Procedure section 1019.5 to waive notice of the court order being appealed, the time to appeal under (1)(C) applies unless the court or a party serves notice of entry of judgment or a file-stamped copy of the judgment to start the time period under (1)(A) or (B).

To learn more, you should read Title 8 of the California Rules of Court, Rules 8.820 through 8.843 which set forth the governing codes on the procedures for limited civil cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line. To obtain detailed information for the process of appeals on Limited Civil cases review Document APP-101-INFO (Information on Appeal Procedures for Limited Civil Cases)

Unlimited Civil

Unlimited civil (disputes involving more than $25,000.00 - includes unlawful detainers). Unlimited civil also includes probate, family law, and adoptions.

Timeline to Appeal:

Rule 8.104.

(a) Normal time

(1)Image removed.Unless a statute or rule 8.108 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A)Image removed.60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served;

(B)Image removed.60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or

(C)Image removed.180 days after entry of judgment.

To learn more you should read Title 8 of the California Rules of Court, Rules 8.100 - 8.278, which set forth the governing codes on the procedures for unlimited civil cases.

Forms:

 

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line. To obtain detailed information for the process of appeals on Unlimited Civil cases review Document APP-001-INFO (Information on Appeal Procedures for Limited Civil Cases)

Small Claims

Small claims appeals are not filed in the appeals department. They are filed with the civil division of the Superior Court where the small claims action was initially filed.

Timeline to Appeal:

Small claims appeals are filed within 30 days after the judge made a decision/judgment. If the decision/judgment was mailed, the party has 30 days from the date the decision/judgment was mailed. The date will be reflected on the copy of the decision/judgment.

For a general guideline on the process of small claims appeals and how to appeal a decision/judgment, go to the California Courts Self-Help Center website.

Juvenile Delinquency Appeals

Timelines to Appeal:

You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed.

To learn more you should read Title 8 of the California Rules of Court, Rules 8.400 – 8.474, which set forth the governing codes on the procedures for juvenile cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line.

Juvenile Dependency Appeals and Writ Petitions

Timelines to Appeal:

You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed.

Timelines to file Notice of Intent to file Writ Petition:

[Regarding the setting of a hearing pursuant to W&I 366.26 - 366.28]

Rule 8.450.

The notice of intent must be filed according to the following timeline requirements:

(4)Image removed.The date of the order setting the hearing is the date on which the court states the order on the record orally, or issues an order in writing, whichever occurs first. The notice of intent must be filed according to the following timeline requirements:

(A)Image removed.If the party was present at the hearing when the court ordered a hearing under Welfare and Institutions Code section 366.26, the notice of intent must be filed within 7 days after the date of the order setting the hearing.

(B)Image removed.If the party was notified of the order setting the hearing only by mail, the notice of intent must be filed within 12 days after the date the clerk mailed the notification.

(C)Image removed.If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside California but within the United States, the notice of intent must be filed within 17 days after the date the clerk mailed the notification.

(D)Image removed.If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside the United States, the notice of intent must be filed within 27 days after the date the clerk mailed the notification.

To learn more you should read Title 8 of the California Rules of Court, Rules 8.450 – 8.470, which set forth the governing codes on the procedures for juvenile dependency cases.

Forms:

Any Judicial Council form can be obtained at any courthouse, county law library, or on-line.

Where to File your Appeal

Type of Matter

Where to Appeal

Felony Criminal

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Parking Citation

Sonora City Police Department. Parking citations are issued by Police Department of the City of Sonora. To appeal a parking ticket, you may call the Sonora City Police Department at (209) 533-8143, or visit them at 100 S. Green Street, Sonora, CA.

Traffic Citation

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Small Claims

Civil Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: (209) 533-5555

Unlawful Detainers

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Juvenile Delinquency or Juvenile Dependency

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Limited Jurisdiction Civil

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Unlimited Jurisdiction Civil

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

Misdemeanor Criminal

Appellate Division of the Superior Court
12855 Justice Center Drive, Sonora, CA 95370
Phone: Clerk - (209) 588-2306; Appeals Supervisor - (209) 533-5567

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