Related Links
- What is an appeal?
- Appeal Terminology
- Infraction (Traffic)
- Misdemeanor
- Felony
- Limited Civil
- Unlimited Civil
- Small Claims
- Juvenile Delinquency Appeals
- Juvenile Dependency Appeals and Writ Petitions
- Where to File Your Appeal
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 to the action requesting the higher court to review a decision made by a lower court may file an appeal.
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:
Below is the link to commonly used appeal forms for infractions. Click on the link and choose the Category option "Appellate"
http://www.courts.ca.gov/forms.htm
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 go to http://www.courts.ca.gov/forms.htm and 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:
Below is the link to commonly used appeal forms for Misdemeanor cases. Click on the link and choose the Category option "Appellate"
http://www.courts.ca.gov/forms.htm
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 go to http://www.courts.ca.gov/forms.htm and 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:
Below is the link to commonly used Appeal forms for Felony cases. Click on the link and choose the Category option "Criminal".
http://www.courts.ca.gov/forms.htm
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)Unless
a statute or rule 8.823 provides otherwise, a notice of appeal must
be filed on or before the earliest of:
(A)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)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)90
days after the entry of judgment.
(2)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)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:
Below is the link to commonly used appeal forms for Limited Civil cases. Click on the link and choose the Category option "Appellate".
http://www.courts.ca.gov/forms.htm
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 go to http://www.courts.ca.gov/forms.htm and 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)Unless
a statute or rule 8.108 provides otherwise, a notice of appeal must
be filed on or before the earliest of:
(A)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)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)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:
Below is the link to commonly used appeal forms for Limited Civil cases. Click on the link and choose the Category option "Appellate".
http://www.courts.ca.gov/forms.htm
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 go to http://www.courts.ca.gov/forms.htm and review Document APP-001-INFO (Information on Appeal Procedures for Unlimited 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:
Below is the link to commonly used appeal forms for Juvenile Delinquency cases. Click on the link and choose the Category option "Juvenile".
http://www.courts.ca.gov/forms.htm
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)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)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)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)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)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:
Below is the link to commonly used appeal forms for Juvenile Delinquency cases. Click on the link and choose the Category option "Juvenile".
http://www.courts.ca.gov/forms.htm
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 |
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 |
Small Claims |
Civil Division of the Superior Court |
Unlawful Detainers |
Appellate Division of the Superior Court |
Juvenile Delinquency or Juvenile Dependency |
Appellate Division of the Superior Court |
Limited Jurisdiction Civil |
Appellate Division of the Superior Court |
Unlimited Jurisdiction Civil |
Appellate Division of the Superior Court |
Misdemeanor Criminal |
Appellate Division of the Superior Court |