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Information on Appeal Procedures for Unlimited Civil Cases
An appeal is a review of a court’s decision by another court. A party may appeal an unfavorable judgment and certain orders in an unlimited civil case made in the superior court to the Court of Appeal for the district in which the superior court is located. Generally, the appeal must be based on an argument that a legal error was made by the superior 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 following is general information about the procedures for appeals of unlimited civil cases (“unlimited civil case” generally means a civil case in which the amount in controversy is more than $25,000; see Code of Civil Procedure sections 85 and 88).
Notice of appeal tells the other party or parties in the case and the superior court that you are appealing the decision of the superior court.
Information on Appeal Procedures for Misdemeanors
Information on Appeal Procedures for Misdemeanors
Information on Appeal Procedures for Limited Civil Cases
Information on Appeal Procedures for Limited Civil Cases
Information on Appeal Procedures for Infractions
Information on Appeal Procedures for Infractions
Denial of Petition-Appellate Division
Denial of Petition-Appellate Division
Denial of Petition-Appellate Division – Spanish
Denial of Petition-Appellate Division – Spanish
Civil Case Information Statement (Appellate)
Civil Case Information Statement (Appellate)
Certificate of Interested Entities or Persons
Certificate of Interested Entities or Persons
Attached Declaration (Court of Appeal)
Attached Declaration (Court of Appeal)
Application for Extension of Time to File Brief (Limited Civil Case)
Application for Extension of Time to File Brief (Limited Civil Case)
Application for Extension of Time to File Brief (Juvenile Dependency Case)
Application for Extension of Time to File Brief (Juvenile Dependency Case)
Application for Extension of Time to File Brief (Juvenile Delinquency Case)
Application for Extension of Time to File Brief (Juvenile Delinquency Case)
Application for Extension of Time to File Brief (Criminal Case)
If a party needs more than the 60 days already stipulated to, or if the opposing party refuses to stipulate to an extension, the party needing the extension must file an application for extension of time. The party seeking additional time must give reasons, also known as “good cause,” why that extension is needed. (CRC rule 8.63.) You must serve a copy of your extension request on all parties (or the attorneys for represented parties). You should file an original of your extension request in the Court of Appeal, along with a proof of service. A criminal case is a court proceeding in which a person who is charged with having committed or omitted an act against the community or state is brought to trial and either found not guilty or guilty and sentenced.
Application for Extension of Time to File Brief (Civil Case)
Application for Extension of Time to File Brief (Civil Case)
Appellant’s Notice Designating Record on Appeal (Unlimited Civil)
In most civil appeals, you must designate the record on appeal. “Designating the record” means that you must let the superior court know what documents and oral proceedings, if any, to include in the record that will be sent to the appellate court. The “Record on Appeal” refers to the documents to be printed by the appellate court’s clerk’s office and included between the colored sheets. Copies of the record are provided to each judge or justice who will decide the case. A notice of appeal—a written document filed by the appellant with the court and a copy of which is sent to the appellate—is the initial step in the appeals process. It informs the court and the party in whose favor a judgment or order has been made that the unsuccessful party seeks a review of the case.