Appeals basics

How do I file papers with the Court of Appeal?

There are two ways to file papers with the Court of Appeal:

1. Electronically file (e-file) on a computer.
2. File on paper at the court.

Always check with your court to confirm the specific filing requirements, as rules about paper and electronic filing can vary.

• The Court of Appeal requires lawyers and people with lawyers to file papers electronically. If you don’t have a lawyer, you can choose to file electronically or file on paper.
• If you file electronically, the Court of Appeal does not need or require paper copies.
• If you file on paper, you must submit the original and proof of service forms to the Court of Appeal. Some courts also require extra copies.

It’s important to keep a copy of all paper you file with the court. You may also want to bring or mail an extra copy to the court clerk and ask them to stamp "filed" on it as proof that the original was filed. Keep this extra copy for your records.

Do I have to pay to file papers with the court?

In most civil cases, you have to pay a fee to file a notice of appeal or other court paper that starts the proceeding. If you are a respondent in a proceeding in the Court of Appeal or Supreme Court, in most cases, you will have to pay a fee when you file your first paper in that court. You may also have to pay other court fees in these proceedings, such as fees to prepare or get a copy of a clerk's transcript or for the court to hold a deposit for a court reporter’s transcript. If you can't afford the filing fee or other court costs, you may qualify to have these fees and costs waived by the court. 

About fee waivers

How do I serve someone or a court?

Serving court papers means delivering a copy of them to the other party or to a different court than the court where you are filing the papers. Here’s how you can serve court papers:

1. Serving papers to other parties:
   • There are three ways to serve papers: by mail, in person, or electronically.
   • If you want to serve papers electronically, the recipient must agree to receive them this way.
   • Only certain people can serve documents by mail or in person. The person must be over 18, live in the county where they are serving, and cannot be a party to the case.
2. Serving papers to the trial court:
   • You can serve the trial court by mail, and in some cases, electronically. Be sure to check with your trial court to see if they accept electronically served papers.
3. Serving papers to the California Supreme Court:
   • You can serve the Supreme Court by mail or electronically. If you file electronically through TrueFiling™, it automatically fulfills the service requirements for the California Supreme Court

How do I use TrueFiling™ for electronic service?

If you submit your papers electronically, you can use TrueFiling™ to serve your papers to the other side. TrueFiling™ will automatically attach an electronic proof of service to any court paper you e-file with the trial court or Court of Appeal.

 Always confirm the specific rules for filing and serving papers with your court, as not all courts allow electronic filing.

 

File your papers through TrueFiling

What’s proof of service?

Proof of service is a form that shows the court that you have delivered a copy of a court paper to all the necessary parties and courts in your case. You need a separate proof of service form for each person or court who receives a copy of the court paper.

• Use form APP-009 if you served the papers by mail or in person.
• Use form APP-009E if you served the papers electronically.

The person delivering (serving) the papers must complete and sign the proof of service form. This form proves to the court that the papers were properly delivered.

• The original proof of service forms should be attached to the end of the original court paper you file with the court.
• A copy of the proof of service forms should be attached to the end of each copy of the court paper that you serve to other parties.
• If you file your papers electronically using TrueFiling™, it will automatically attach an electronic proof of service when the document is served and filed.

Who needs to receive a copy of my documents? When do I serve documents to other parties?

You must generally serve a copy of all papers to all parties involved in the case before you can file the papers with the trial court or Court of Appeal.

• If the other party has a lawyer, serve the papers to the lawyer.
• If the other party does not have a lawyer, serve the papers to the other party directly.

In some cases, you may also need to serve documents to:

• The trial court
• The California Supreme Court
• A public officer or agency that is not a party to the case
• The California Attorney General (for example, if you are challenging the constitutionality of a California statute)