Step 1: Figure out if you can appeal
In every court case, there are two sides, and when a decision is made, one side wins and the other loses. Sometimes a party wins or loses the whole case, or they may win on some issues but lose on others. If a party loses on some or all issues, they can appeal the decision. However, appealing doesn’t usually stop or delay the original decision, known as the order.
The right to appeal is an important part of our legal system, and there are strict rules to ensure fairness. Courts also have to follow these rules and judge each appeal based on the same legal standards.
Before deciding to appeal, a party should consider two key questions:
- Can the decision be appealed?
- Should the decision be appealed?
Here’s a summary of the requirements and important factors to consider before filing an appeal.
The requirements to appeal
There are three things to check before deciding if you can appeal a court decision: who, what, and when. All three must be met to file an appeal.
- Who: Usually, only the person who lost in court can appeal. This means the person must be “aggrieved” or affected by the decision. A friend or family member cannot appeal for them, and someone not directly involved in the case cannot appeal. However, there are exceptions, like a legal guardian appealing for a child.
- What: The decision must be one that can be appealed. Not all court decisions can be. The most common appeal is for the final decision in a case, called a final judgment. Most decisions made before the final judgment can’t be appealed right away, but decisions made after the final one usually can. There are some exceptions, especially in cases about wills or family law, where certain decisions can be appealed even before the case is finished.
- When: The appeal must be filed within the time limit set by the court. This is usually either 60 or 180 days after the judge makes a decision. California Rule of Court 8.104 explains the general rules for when an appeal must be filed.
The legal burden of proof
To challenge a trial court's decision, an appeal must show two things:
- The trial court made a legal mistake.
- That mistake affected the outcome.
Winning an appeal is difficult. In California, fewer than 20% of civil appeals succeed in changing the original decision. This is because the Court of Appeal assumes the trial court's decision was correct unless the person appealing (the appellant) can prove it was wrong.
To win, the appeal must include a strong legal argument that clearly shows the trial court made a mistake and that it harmed the appellant. Usually, an appeal will only succeed if the appellant or their lawyer pointed out the issue during the trial to save it for appeal.
- The judge allowed evidence that should not have been admitted, despite objection, and it hurt the appellant’s case.
- The judge refused to allow relevant evidence, which hurt the appellant’s case.
- The jury was given incorrect instructions about the law.
- The judge misinterpreted the parties’ contract that was in dispute.
- The judge misapplied or misinterpreted laws, including statutes, past court decisions, or constitutional rules.
- The judge wrongly dismissed the appellant’s case (sustained a demurrer), even though the complaint had a valid legal claim.
- The judge wrongly granted summary judgment because there are material, disputed facts that require a trial.
- The judge or jury made a mistake calculating damages.
- The judge was wrong in awarding costs or attorney’s fees.
- The judge’s findings do not support the judgment.
- The evidence does not legally support the findings or judgment.
- I do not like the decision.
- The court believed witness A but they should have believed witness B.
- I feel the decision is not fair.
- I want a new trial or a different judge.
- I think the court should have believed my version of the story instead of the other side’s version.
- I want to add new evidence or new witnesses to the case.
- Judgment after trial by jury. While the jury’s verdict (decision) itself can’t be appealed, the judge’s final judgment based on the jury’s decision can be appealed.
- Judgment after a judge trial (without a jury). A judge may announce the decision in a written document, but this document itself cannot be appealed. However, the final judgment based on that document can be appealed.
- Judgment of dismissal. If a case is dismissed by a judge and the order is signed and filed, it can be appealed. However, an unsigned note in the court clerk’s minutes is not a judgment of dismissal and cannot be appealed. An order sustaining a demurrer with or without leave to amend is not appealable. However, if an order sustaining a demurrer without leave to amend is combined with a judgment of dismissal, it can be appealed.
- Judgment entered upon granting of motion for judgment on the pleadings. The order granting this motion isn’t appealable by itself. If a single document contains both an order granting motion for judgment on the pleadings and a judgment, it can be appealed.
- Judgment entered upon granting of motion for summary judgment. Similar to above, the order itself isn’t appealable, but the final judgment based on it can be.
- Order for or against an injunction. Decisions to grant, deny, or dissolve injunctions (including restraining orders) can be appealed. This includes temporary, civil harassment, and domestic violence restraining orders.
- Order to pay sanctions over $5,000. An order requiring a party to pay a fine or penalty over $5,000 can be appealed.
- Order granting or denying a special motion to strike a SLAPP suit. Orders related to a SLAPP (Strategic Lawsuit Against Public Participation) suit brought under California Code of Civil Procedure section 425.16 can be appealed.
- Order to quash service of summons. If a judge grants a motion to quash service of summons, that order can be appealed.
- Order to stay or dismiss for inconvenient forum. If the court decides the case should be moved or dismissed due to an inconvenient location, that decision can be appealed.
What to consider before deciding to appeal
Just because you can appeal a decision doesn't mean you should. Appeals take a lot of time, money, and effort.
An appeal is not a new trial. The Court of Appeal will only look at the evidence and testimony in the record from the original trial.
Before deciding to appeal, it’s important to carefully review the trial record for possible legal issues. It takes time to research and write a strong legal argument. If someone files an appeal without a good legal reason, they could be fined. If they lose the appeal, they may also have to pay some or all of the other side’s court costs and legal fees.
There are strict rules to follow during the appeals process. This includes filling out paperwork correctly, providing a record of the trial, and writing legal briefs. You also have to meet deadlines. If you miss the deadline to file an appeal, the appeal will be dismissed.
Appeals
What's next?
If there is a decision that can be appealed and the losing party wants to appeal, the next step is to file a notice of appeal with the court where the case was decided. This notice starts the appeal process and informs the court and the other side that the decision is being challenged.