How Appeals Work in California

Challenging a criminal conviction or superior court (including family and juvenile courts) order typically involves filing a notice of appeal or a writ petition. However, the specific procedures and timelines for appeals and writs depend on a number of factors, including the type of case and the factual circumstances.

Here are some of the basics of how appeals work in California.

FILING THE NOTICE OF APPEAL—STARTING THE APPELLATE CASE

Regardless of the type of case, the appeals process starts with the filing of a notice of appeal. The notice of appeal is filed with the clerk of the superior court (the trial court). Normally, the trial attorney (or the individual who wishes to appeal an order or judgment) should be the person who files the notice of appeal.

If you’re unhappy with a court’s judgment or order (including a criminal conviction), you should make sure you clearly communicate to your attorney that you want to appeal.

Timelines for filing a notice of appeal in California

It’s imperative that you file a notice of appeal within the timelines that are set by law. Here are the timelines that generally apply:

  • Infraction and misdemeanor criminal cases. The notice of appeal (for infractions and misdemeanors) must be filed within 30 days of the judgment (sentencing date).

  • Felony criminal cases. The notice of appeal must be filed within 60 days of the judgment (sentencing date).

  • Juvenile delinquency cases. The notice of appeal must be filed within 60 days of the judgment or order being appealed.

  • Juvenile dependency cases. The notice of appeal (same form as delinquency) must be filed within 60 days of the judgment or order being appealed.

  • Civil cases. Depending on the circumstances (including whether the case is a limited or unlimited civil case), the deadline for filing the notice of appeal is 30, 60, 90, or 180 days from the date of the judgment, order being appealed, or service of the notice of entry of the judgment.

  • Family law cases. Depending on the circumstances, the deadline for filing the notice of appeal is 60 or 180 days from the date of the judgment, order being appealed, or service of the notice of entry of the judgment.

However, there are some exceptions and nuances that aren’t discussed here. So, if you’re interested in filing a notice of appeal, talk to an attorney as soon as possible to make sure your rights are protected.

Notice of Appeal Filing Fees

Criminal and juvenile appeals. For criminal and juvenile cases, it doesn’t cost anything to file a notice of appeal.

Civil and family law appeals. For civil, family law, and most other types of cases, there are filing fees for the notice of appeal. Depending on the type of case, these fees generally range from $25 to $775. However, if you can’t afford to pay the filing fee, you can apply for a fee waiver.

appellate record

Once the notice of appeal is filed, the superior court clerk will start putting together the appellate record. Everything that happens in the appeal is based on the appellate record.

Parts of the Appellate Record

Generally, the appellate record consists of two parts: the clerk’s transcripts and the reporter’s transcripts.

Clerk’s transcripts. The clerk’s transcripts generally include the superior court minute orders (summaries of what happened each day in court) and all the documents the parties filed in the superior court (such as motions and the like).

Reporter’s transcripts. At most court hearings, there’s a court reporter who types (normally, in shorthand) everything that’s said in court. The transcripts of the oral court proceedings are called the “reporter’s transcripts.” Depending on the type of case, the reporter’s transcripts might or might not include a transcript for each court hearing.

Costs of the Appellate Record

Criminal and juvenile appeals. For criminal and juvenile cases, the appellant generally doesn’t have to pay anything for the appellate record.

Civil and family law appeals. For civil, family law, and most other types of cases, the appellant is responsible for paying for the production of the appellate record. However, appellants who can’t afford to pay can apply for a fee waiver.

appellate briefs

The bulk of what the attorneys do in appellate cases is preparing written arguments called “briefs.” Generally, appeals involve the filing of three briefs:

  • Appellant’s Opening Brief. In the Opening Brief, the appellant (the person who filed the notice of appeal) makes their legal arguments as to why the lower court’s judgment or orders are incorrect. The Opening Brief basically sets the stage for what the appeal will be about.

  • Respondent’s Brief. In the Respondent’s Brief, the respondent (typically, the person who or entity that won the case in the lower court) gets to respond to the arguments the appellant made in the Opening Brief. Generally, the respondent will be arguing that the decision of the lower court was correct and explain why.

  • Appellant’s Reply Brief. With the Reply Brief, the appellant gets the last word and can respond to any arguments that the respondent made in the Respondent’s Brief. The Reply Brief is normally quite a bit shorter than the Opening Brief.

However, if there are more than two parties involved in an appeal, you might end up with more than just three briefs. In other words, there might be multiple Opening Briefs, Respondent’s Briefs, or Reply Briefs.

oral argument

Once all the briefs have been filed, the Court of Appeal will send out a notice of oral argument. Generally, the Court of Appeal will actually schedule and hold oral argument only if at least one of the parties requests it. In many cases, the parties waive oral argument and the Court of Appeal decides the case on the written arguments.

appellate court decision

Following oral argument or waiver of oral argument, the Court of Appeal generally issues an opinion. The Court of Appeals typically files its opinion within a month or so of the oral argument or waiver of oral argument. The opinion gives a written summary of the facts and procedure of the case and the Court of Appeal’s determinations as to all the issues raised by the appellant in the Opening Brief.

There are lots of possible outcomes. But in most cases, the Court of Appeal either affirms (meaning the appellant loses the appeal) or reverses (meaning the appellant wins).

In some cases, the Court of Appeal will publish the opinion, meaning the case becomes part of the law. Published cases can be relied on and cited by attorneys in other cases.