Appeals: Frequently Asked Questions

Yes, you might be able to ask the court to change or reconsider its decision. You could also use mediation, which helps both sides reach an agreement without going to court again.

• Unlimited civil cases: Claims over $35,000 or cases like family law and probate. Appeals in unlimited civil cases are decided in the Court of Appeal.
• Limited civil cases: Claims of $35,000 or less. Appeals in limited civil cases are decided in the appellate division of the trial court.

You can find legal help through the California Courts Self-Help Guide, local Courts of Appeal, or the California Bar Association’s lawyer referral service.

No, but it’s smart to talk to a lawyer who specializes in appeals to see if your case can be appealed and to get help with legal arguments. Even if you represent yourself, talking with a lawyer can save time and money.

You can appeal final judgments and certain orders listed in the California Code of Civil Procedure section 904.1. Some orders from probate and family law cases can also be appealed. You must have an appealable order to file an appeal. If your case doesn’t have an appealable order or a judgment, the Court of Appeal will dismiss it. A lawyer can help you figure out if your case can be appealed.

Yes, you can appeal cases that were dismissed without a trial.

• Demurrer: You can appeal a demurrer dismissal. The Court of Appeal will check the complaint and assume the facts are true to decide if the complaint states a legal claim.
• Summary judgment: You can appeal a judgment based on an order granting summary judgment. The Court of Appeal reviews the evidence to see if the trial court was right. The trial court can be “right” in a few different ways: 
  1. The trial court can be right in determining there are no important (material) facts in dispute, which means the parties aren’t arguing over facts that would change the outcome of the case. The Court of Appeal reviews the facts in your case to determine this.
  2. The trial court can be right in applying the law. Again, the Court of Appeal will review the trial court’s application of the law to determine this.

You can do legal research at a public law library. Look for books that cover the area of law related to your case. For example, if your case is about a contract problem, search in the section on contract law. A librarian can help you find the right books for different legal topics.

These books, called "secondary sources," explain the law and include cases that have been decided in the past. You can also look for court opinions using the law library’s resources.  After reading and gathering information, you can make a list of the legal issues you want to raise in your case.

The Court of Appeal’s job is to check if the trial court followed the law and to fix any mistakes if it didn’t. To do this, the Court of Appeal uses "standards of review," which are guidelines for evaluating the appellant’s arguments. The standard of review depends on the type of legal issue. The three most common are:

1. De novo standard: The Court of Appeal does not rely on the trial court’s decision. Instead, it looks at the issue as if the trial court never ruled on it. This is usually used for legal questions and is the most favorable for the appellant.
2. Abuse of discretion: The trial judge makes many decisions using their discretion, such as whether to allow evidence or award damages. The appellant must show that the judge’s decision went beyond what was reasonable. This type of appeal is hard to win because the Court of Appeal usually supports the trial court’s discretion.
3. Substantial evidence: This is used when the appellant challenges the factual findings of the judge or jury. The Court of Appeal reviews the evidence to see if a reasonable person could have made the same decision. The court doesn’t decide if it would have come to the same conclusion but only checks if there is enough evidence to support the trial court’s findings. This kind of appeal is also hard to win because the court will uphold the trial court’s decision if there is any substantial evidence, even if it’s disputed.

Filing an appeal doesn’t automatically stop the court’s decision from being enforced. You and the other parties must generally follow the court's orders, like paying any money awarded, while the appeal is happening.

You might be able to delay payment if you provide a form of security (called an undertaking, bond, or deposit) to guarantee you’ll pay if you lose the appeal. If you can’t afford this, you can ask the court to postpone its decision, but the court isn’t required to agree. Usually, the court will only delay the decision if your appeal has a good chance of success and if you would suffer serious harm without the delay.

It’s best to ask the trial court to postpone the decision before asking the Court of Appeal.

If your appeal is successful, the Court of Appeal may:

• Change part or all of the trial court’s decision,
• Enter a judgment in your favor, or
• Send the case back to the trial court for further action.

To file a notice of appeal, you must pay fees to both the trial court and the Court of Appeal. To request a fee waiver, complete two forms (FW-001)—one for the trial court and one for the Court of Appeal—and submit both forms to the trial court when you file your notice of appeal. If approved, most fees will be waived, but not all. For example, the court can’t waive the fees for a reporter’s transcript.

If you already have a fee waiver from the trial court, it may still be valid. Fee waivers expire 60 days after the trial court’s judgment, so check with the court to see if you need to apply again.

If you don’t pay the filing fees, the Court of Appeal will give you a notice allowing 15 days to pay or request a fee waiver. If you don’t act within those 15 days, the court may dismiss your appeal.

If you apply for a fee waiver and it is denied, the Court of Appeal will notify you that you have 15 days to pay the fees or risk your appeal being dismissed.

There are two ways to file documents with the court: electronically (e-file) or on paper at the court.

• Lawyers and people with lawyers must file electronically.
• If you don’t have a lawyer, you can choose to file electronically or on paper.

If you file electronically, the court does not need any paper copies.

If you file on paper, you must give the Court of Appeal the original document and the proof of service forms. Some courts might also ask for extra copies of the documents.

Always keep a copy of everything you file. It’s a good idea to bring or mail an extra copy to the court clerk and ask them to stamp “filed” on it. This shows the original was filed, and you can keep the stamped copy as proof.

Yes, you can serve both forms together, but it’s not required.

The court requires you to notify all other parties when you file documents in an appeal. This is called “serving notice.”

Whom to serve: You must serve a copy of the document to every party in the case. If a party has a lawyer, serve the lawyer. If not, serve the party directly.

How to serve: There are three ways to serve documents:

1. By mail
2. In person
3. Electronically (if the recipient agreed to electronic service).

If serving by mail or in person, someone over 18 who isn’t involved in the case must deliver the document. If serving electronically, the appellant can send it themselves. 

Proof of service: After serving, you must provide proof to the court. Use court form APP-009 (for mail or in-person service) or APP-009E (for electronic service) to show who was served, how, and when. Each document you serve needs its own proof of service form, which must be completed and signed by the person who served the notice.

Serving the trial court: You can usually serve the trial court by mail. Some trial courts also accept electronic service, so check with your trial court to see if this option is available.

Serving the California Supreme Court: You can serve the Supreme Court by mail or electronically. If serving by mail, send 4 copies of the brief. If you file electronically through TrueFiling™, the service requirements for the Supreme Court are automatically fulfilled.

An appeal is reviewed by a higher court, not the one that made the original decision. The higher court only looks at the legal mistakes made during the trial. The record on appeal helps the court review the important parts of the trial.

You might need these forms:

• Appellant’s Notice Designating Record on Appeal (form APP-003)
• Respondent’s Notice Designating Record on Appeal (form APP-010)
• Appellant’s Proposed Settled Statement (form APP-014)

Some trial courts provide online access. You can contact the trial court to ask about it or check their website.

The register of actions lists everything filed in a case. It can help you pick out the important documents to include in the record on appeal.

Yes, if the documents and transcripts were already given to the trial court, you can include them in the appeal.

No, you cannot add new information to the record on appeal. Only exhibits, documents, and testimony from the trial court record can be included. You cannot introduce new evidence or witnesses.

No, you’re not required to include oral proceedings. However, if you leave out the oral proceedings, you won’t be able to raise any issues on appeal about what was said during the trial.

The Court of Appeal justices usually focus on the parts of the record that are discussed in the briefs and oral arguments, and those relevant to the issues on appeal. Each party must make legal arguments and provide citations to the record to show where the relevant information is found.

The justices can read other parts of the record, but they are not required to. The appellant should include all relevant materials for the issues on appeal, even if they help the other side. If the record is missing important parts, the Court of Appeal may reject the appeal.

If the court leaves out something from the record on appeal, the party who requested the item can file a notice of omission with the trial court. This asks the court to send the missing item to the Court of Appeal and other parties. There’s no official form for this, so you’ll need to write a letter and serve it on all parties and the Court of Appeal.

If you forgot to designate something, you can file a motion to augment the record, asking the Court of Appeal to add it. The materials must already be part of the trial court record. You might have to pay additional fees, especially if you’re adding a reporter’s transcript. If you have the missing documents, attach them to the motion.

If you miss a deadline, the trial court will send a notice of default. You have 15 days to fix the problem. If you don’t, the court may notify the Court of Appeal, and your appeal could be dismissed.

If you don’t receive your copy within 120 days after filing the notice designating the record, contact the trial court clerk. Some trial courts have online dockets where you can track the status of your case. You can also check the court’s website for a “Search Case Information” section.

You can use form APP-001, which provides instructions on how to write a brief. You can also visit a law library or a Court of Appeal self-help center for more help.

Here are the general formatting rules for briefs, as outlined in the California Rules of Court:

1. Preparation: You can use a computer or typewriter.
2. Spacing: Single-space headings and footnotes. Everything else should be 1.5 spaced.
3. Font size: Use at least 13-point font, including footnotes. Century Schoolbook font is preferred for briefs typed on a computer.
4. Margins: Set left and right margins at 1.5 inches and top and bottom margins at 1 inch.
5. Paragraphs: Align paragraphs to the left (don’t justify them).
6. Emphasis: Do not use all caps. You can underline or italicize case names.

Printing and binding rules (for paper filings):

• Use 8.5-by-11 inch white or unbleached paper that’s at least 20-pound weight.
• You can print on both sides unless using a typewriter.
• Pages should be unbound.

Page numbering:

• Number all pages consecutively starting with the cover page (page 1). Use only Arabic numerals (e.g., 1, 2, 3). You don’t need to show the number on the cover page.

Cover colors (for paper filings):

• Appellant’s opening brief or appendix: Green cover.
• Respondent’s brief or appendix: Yellow cover.
• Appellant’s reply brief or appendix: Tan cover.
• Joint appendix: White cover.
• Petition for rehearing: Orange cover.
• Petition for review: White cover.

The cover must include:

• The case title.
• The name and county of the superior court.
• The superior court case number.
• The Court of Appeal case number.
• The names of the superior court judge(s).
• The type of brief (e.g., “Appellant’s Opening Brief”).
• The filing party’s name, address, and daytime phone number.
• The court’s name centered at the top.

When deciding to appeal, it’s important to carefully review the trial record for possible legal problems. Here are some common issues that can be raised in an appeal:

• The trial judge wrongly allowed evidence that shouldn’t have been admitted, which hurt the appellant's case.
• The trial judge wrongly refused to admit important evidence, which hurt the appellant's case.
• The jury instructions were incorrect.
• The trial judge misunderstood the contract that was being disputed.
• The trial judge misapplied or misunderstood statutory law, case law, or constitutional law.
• The trial judge wrongly dismissed the appellant’s complaint because it did legally state a cause of action.
• The trial judge wrongly granted summary judgment when there were important facts that still needed to be decided in a trial.
• The trial judge or jury made an error in calculating damages.
• The trial judge wrongly awarded costs or attorney fees.
• The trial judge’s findings do not match the decision made.
• The evidence isn’t strong enough to support the judge's findings or the final judgment.

Common mistakes include 

• Not citing the record: Failing to show the exact place in the record for facts in the brief.
• Using information not in the record: Including sources or facts that weren’t part of the original case record.
• Not citing the law: Not giving the court the right legal references for your arguments.
• Using improper citations: Using sources like blog posts or unpublished court decisions that aren’t valid legal authorities.
• Unprofessional tone: Using inappropriate language or attacking others in the brief.
• Not proofreading: Leaving typos and other clear mistakes in the brief.
• Not clearly asking for what you want: Failing to explain what outcome you're asking the court to grant.

For every fact or event you include in your brief, you must give the court the exact place in the record where they can find it. This means providing the volume and page number. Here are common sources and their abbreviations:

• Appellant’s appendix—AA
• Appellant’s opening brief—AOB
• Appellant’s reply appendix—ARA
• Appellant’s reply brief—ARB
• Augmented clerk’s transcript—Aug CT
• Augmented reporter’s transcript—Aug RT
• Clerk’s transcript—CT
• Joint appendix—JA
• Reporter’s transcript—RT
• Respondent’s appendix—RA
• Respondent’s brief—RB
• Superior court file—SC file
• Supplemental clerk’s transcript—SCT
• Supplemental reporter’s transcript—SRT

Some cases will have all these sources, but most cases will only have a few.

In your brief, you must use these abbreviations to show the court where to find the information. For example, if you are referring to a fact on page one of the clerk’s transcript, you would write:

“Appellant filed a civil complaint on January 3, 2018. (CT 1)”

If there are multiple volumes, include the volume number before the abbreviation. For example:

• (1 CT 3) for the first volume, page 3 of the clerk’s transcript.
• (2 RT 150) for the second volume, page 150 of the reporter’s transcript.

If you have multiple augmented clerk’s transcripts, include the date:

• (1/3/18 Aug CT 2) for the January 3, 2018, augmented clerk’s transcript, page 2.

No, you can’t add new information or evidence during an appeal.

No, you can’t include confidential or sealed material unless you follow special rules.

If your case was dismissed by demurrer or summary judgment, the Statement of Facts will be based on the complaint or the evidence used in the trial court’s decision.

Attachments should only be included if absolutely necessary. Adding improper attachments can cause your brief to be rejected or returned for corrections.

You can attach copies of exhibits or materials only if they are already part of the record on appeal. You may also attach copies of relevant local, state, or federal rules, regulations, or out-of-state laws. However, the attachments must be no more than 10 pages combined unless the court gives you permission.

If you need more than 10 pages, you can file a “Request to Attach Additional Exhibits” with the Court of Appeal. This request must show a “good cause” (a strong reason) and be served on all other parties in the case. There is no specific court form, so you will need to type your request on paper.

The court might approve or deny your request.

Instead of adding a lot of attachments, you can simply reference legal authorities or exhibits already in the record in your brief. Be sure to review CRC rule 8.204(d) before including any attachments.

If your brief is incomplete or doesn’t follow the formatting rules, the court may refuse to file it. For minor corrections, the court clerk might contact you and ask for permission to fix the issues. However, if the changes are more significant, the court will return the brief to you for corrections.

Once you’ve made the necessary changes, you must prepare a new version of the brief. You’ll need to serve the revised brief to all parties again and refile it with the Court of Appeal. If the court accepts the corrected brief, it will be filed. If the problems still aren’t fixed, and it’s the appellant’s opening brief, the court may dismiss your case.

No, but filing a respondent’s brief lets you explain why the trial court’s decision should stay the same.

The respondent writes only one brief, called the respondent’s brief. The process begins with the appellant writing the opening brief. After that, the respondent can submit their respondent’s brief. If the respondent writes a brief, the appellant has the option to write a reply brief, which is the final brief.

Since the law favors the respondent by assuming the trial court decision was correct, the appellant has the burden of proving an error occurred. The appellant is allowed a reply brief to respond to the respondent’s arguments, but no new legal arguments can be introduced in the reply brief, so the respondent does not need to write another brief.

You can’t bring up new legal issues that weren’t mentioned in the respondent’s brief. However, you can address any new legal issues the respondent raised in their brief, even if they weren’t in your opening brief. You can also respond to the respondent’s arguments about the legal issues you discussed in your opening brief, such as explaining why the respondent’s legal sources don’t support their argument.

No, the respondent is not required to file a brief. If they choose not to, they won’t be able to present an oral argument. The Court of Appeal will then base its decision on the appellant’s opening brief, the record on appeal, and the appellant’s oral argument.

No, usually the respondent only writes one brief. The law favors the respondent by assuming the trial court’s decision was correct, so the appellant gets a chance to reply to the respondent’s brief. Since the appellant can’t raise new legal issues in their reply brief, the respondent doesn’t need to write another brief.

To find your deadline, count 60 days from the date the notice of judgment was served, not when you received it. For example, if the notice was mailed on July 1 and you got it on July 8, your deadline to file a notice of appeal is 60 days after July 1, which is August 30.

If more than one party wants to appeal, they must file a cross-appeal within 20 days after the trial court clerk serves the first notice of appeal, whichever is later.

You can contact the clerk at your Court of Appeal to confirm the deadline for filing your brief.

If you miss the deadline, the Court of Appeal will send you a notice giving you 15 more days to file your brief. During this time, you can also file a request for an extension if you have a good reason. If you don’t file the brief or request an extension within the 15 days, your appeal will likely be dismissed.

You can agree (or “stipulate”) with the other party to extend the deadline by up to 60 days. This stipulation must be filed with the Court of Appeal before the brief’s due date and signed by all parties. However, if the court has already granted an extension, you cannot stipulate for more time.

If you’ve already stipulated to the maximum 60-day extension or can’t reach an agreement with the other parties, you can file a motion or application for more time with the Court of Appeal. The court will decide whether to grant the additional extension.

The court only schedules oral arguments when someone asks for one. This helps the court save time and manage cases efficiently.

If you don’t inform the Court of Appeal that you want to make an oral argument, the court will assume you do not want to participate. This means you’ll miss your chance to present oral argument unless the other side requests one. If the other side asks for oral argument and you’ve filed a brief, you can still participate.

To guarantee your chance for oral argument, you must respond by the deadline in the court’s notice and attend court on the scheduled day. No exceptions or extensions are allowed. Once the oral argument time passes, the court moves forward with its decision.

Yes, you can talk about the content of your brief, but don’t just read from it. Instead, use the time to highlight the most important points and explain what you want the justices to focus on. Avoid repeating what the justices have already read in your brief.

It’s normal to feel nervous during oral argument. The justices are used to hearing arguments and know that not everyone is comfortable speaking in court. They will have reviewed the case and briefs beforehand, so don’t worry if you can’t answer every question. Just do your best and remember that oral argument is a small part of the appeal process.

If you have a lawyer, they will present your oral argument. You can attend court, but you are not required to if you have an attorney. You will not be allowed to speak directly to the court if your lawyer is presenting the argument.

No, oral arguments in the Court of Appeal are electronically recorded, but these recordings are not part of the official record. Check the court’s website to see how long they keep recordings.

If you choose not to make an oral argument, the court won’t assume that you’re uninterested or don’t care about the appeal. It won’t negatively impact the court’s decision.

If no one requests oral argument, the court will make its decision based on the briefs, the law, and the record on appeal.

If the Court of Appeal says they’re ready to decide without oral argument, it doesn’t mean they’ve decided for or against you. You can still request oral argument in writing by the deadline provided in the notice. If you do, the court will usually schedule time for your argument.

No, you can go straight to filing a petition for review. But if you don’t file a petition for rehearing, the Supreme Court will assume that the Court of Appeal’s facts are correct.

Both a petition for rehearing and a response to a petition for rehearing must follow the same formatting rules as a brief. Here’s how to format them:

1. General formatting: Whether filing on paper or electronically, you must follow the formatting rules in California Rule of Court 8.40 and California Rule of Court 8.204.
2. Cover color (if filing on paper):
   • Petition for rehearing: Orange cover.
   • Response to petition for rehearing: Blue cover.
3. Electronic filing: If filing electronically, follow the additional formatting rules for electronic documents. Check your specific Court of Appeal for any special requirements and review the general instructions for electronically filed documents (pdf).

• Petition for rehearing: This is filed after the Court of Appeal has made a decision on the appeal. It asks the court to review the case again because you believe the court made a legal or factual error, or it missed an important argument in its decision.
• Request to reinstate the appeal: This is filed after the court dismisses the appeal, typically for not following proper procedures (like missing a deadline or failing to file necessary paperwork). A request to reinstate asks the court to reopen the case so you can fix the mistake that caused the dismissal.

Key difference:

• A petition for rehearing happens after a decision on the appeal to correct a legal mistake in the court’s opinion.
• A request to reinstate the appeal happens after a dismissal order due to a procedural error, asking for a second chance to continue the appeal.

If you meet the deadline, the Court of Appeal will consider your request, but it is not required to grant a rehearing or reinstate the case.

Yes, you can file a petition for review in the California Supreme Court without filing a petition for rehearing in the Court of Appeal. You can wait until the Court of Appeal’s decision becomes final, which is typically 30 days after the opinion is issued. If you file the petition for review early, the clerk of the California Supreme Court will hold it and file it the day after the decision becomes final.

However, if the Court of Appeal made an error in their opinion and you don’t file a petition for rehearing to challenge it, the California Supreme Court will assume the facts and issues in the Court of Appeal’s decision are correct.

When the Court of Appeal gets a copy of your petition for review, it automatically sends the record on appeal to the California Supreme Court. You don’t need to file a separate request for the record to be sent.

California Supreme Court decisions are final unless they involve federal law. If your case raises a federal legal issue, you can ask the U.S. Supreme Court to review it. However, like the California Supreme Court, the U.S. Supreme Court is not required to hear every case.

When you file a petition for review with the California Supreme Court, you must include proof of service. If there’s an issue with your proof of service, the court will give you 5 days to correct it and file the updated proof of service. If you fail to do this, the Supreme Court may dismiss your petition.

You have two options for filing your petition for review:

1. Electronic filing (e-file):
   • Lawyers and those represented by lawyers must file electronically.
   • If you are self-represented (without a lawyer), you can choose to file electronically or file on paper.
2. Filing on paper:
   • When filing on paper, you need to submit the original petition for review and the proof of service forms to the California Supreme Court.
   • Normally, court rules require 13 copies of the petition, but currently, you only need to submit the original to the court clerk.
   • It’s recommended to keep a copy for yourself. It’s also a good idea to bring or mail an extra copy to the clerk and ask for a "filed" stamp to have as proof that the original was submitted.

You can file electronically using TrueFiling™, the court’s online filing system.

When a party files a cross-appeal, the content and schedule for filing briefs change. The parties must work together to agree on a schedule for the order in which the briefs will be filed. They can either submit a joint briefing schedule or, if they can’t agree, submit separate schedules for the court to decide. For the procedures on how to submit a briefing schedule, refer to CRC 8.216.