Appeals Division
Appeal Overview
An appeal is a review of the trial court's decision by another court. A party may appeal an unfavorable judgement 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.
Appeal Case Types
The guides linked here provide helpful details for each type of appeal.
-
Civil Appeal
-
Criminal Appeal
-
Traffic Appeal
-
Juvenile Appeal
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 Appellate Division 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, Title 8 Appellate Rules.
Appeal forms can be located on the Judicial Council's website.
Timelines for Filing an Appeal
There are additional time limits and regulations in proceeding with an appeal. Read the California Rules of Court to verify that you are meeting the timeline for every step. Failure to meet deadlines may result in dismissal of your appeal.
To view the various steps involved in the appeal process, click here.
|
Criminal Appeal - Felony |
60 days from the date of sentencing |
| Criminal Appeal- Misdemeanor | 30 days from the date of sentencing |
| Juvenile Dependency/Juvenile Justice |
60 days from the date of disposition |
| Traffic - Infraction | 30 days from the date of sentencing |
| Civil - Unlimited | 60 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 180 days from the date of entry of judgement [Reference California Rules of Court 8.100; 8.104] |
| Civil - Limited | 30 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 90 days from the entry of judgement [Reference California Rules of Court 8.751; 8.752] |
| Family Law/Probate/Adoption | 60 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 180 days from the date of entry of judgment |
| Small Claims (Rehearing) | 15 days from the date of entry of judgment [Reference CRC 8.708(c)] |
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 payable to Sierra County Superior Court, with the exception of the 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. You can learn more by clicking here. There is no charge to file the fee waiver application.
Failure to pay the filing fee or obtain a waiver may result in the 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 known, 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 the appellate court's copy as well as their 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 of the Reporter's Transcript is $325 per fraction of a day for less than three hours of court time or $655 per day for more than three hours of court time.
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.
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 the dismissal of the appeal.