File notice of appeal
Filing a notice of appeal begins the entire appeals process. You must file the notice by a deadline.
A notice of appeal is the paper you file in the superior court where your case was decided to let the court and the other side know that you are appealing the court's decision.
Deadline to file notice to appeal
In a limited civil case (civil cases involving an amount that is $35,000 or less), you must file your notice of appeal by the earliest of the following times:
- 30 days after either the trial court clerk or the other side serves you with (i) notice that the judgment or appealable order has been entered in your case, or (ii) a copy of the judgment or appealable order stamped "Filed"; or
- 90 days after the entry of the judgment or appealable order.
In unlimited civil cases (such as civil cases involving an amount over $35,000 or family law cases), you must file your notice of appeal by the earliest of the following times:
- 60 days after either the trial court clerk or the other side serves you with (i) notice that the judgment or appealable order has been entered in your case or (ii) a copy of the judgment or appealable stamped "Filed"; or
- 180 days after the entry of the judgment or appealable order.
Make sure you meet these deadlines. You cannot ask for more time to file your notice of appeal. If your notice of appeal is late, your appeal will be dismissed.
The time to file a notice of appeal is extended if there is a timely motion:
- For a new trial
- To vacate (cancel) or set aside the judgment
- For judgment notwithstanding the verdict
- To reconsider an appealable order
The deadline can also be extended if a public entity was the defendant in the trial court case and asks the trial court to take certain other actions.
Because these types of motions and actions may result in a change to the judgment or order you may want to appeal, the time to file the notice of appeal is extended until after the court decides these motions or other requests. That way, you can see if the judgment or order was changed before you decide whether to appeal.
If one of these motions or requests has been filed, carefully read rule 8.108 of the California Rules of Court (for unlimited civil case appeals, such as civil cases involving an amount over $35,000 or family law cases) or rule 8.823 of the California Rules of Court (for limited civil case appeals) to find out the deadline for filing a notice of appeal.
How to file notice of appeal
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Fill out notice and make copies
Fill out:
- Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) if you are appealing a judgment or order in a limited civil case
- Notice of Appeal/Cross-Appeal (Unlimited Civil Case) (form APP-002) if you are appealing a judgment or order in an unlimited civil case
- Notice of Appeal—Juvenile (form JV-800) if you are appealing a judgment or order in a juvenile case
Make 2 copies. 1 copy for you and 1 for the other side. The original is for the court.
You must serve and file your notice of appeal no later than the deadline for your case type.
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Serve your notice
Serve the other side (the respondent) with a copy of your Notice of Appeal. Serving a document means having the document delivered to the other parties in a case in the proper legal way. There are 3 main ways to serve documents: (1) mail, (2) personal delivery, and (3) electronic.
Service in a limited case
- Read What Is Proof of Service? (form APP-109-INFO) for information on serving documents in a limited civil case.
- If your server is serving by mail or in person, make sure they deliver the copy of the Notice of Appeal, not the original because the original is for the court.
- Have your server prepare a Proof of Service and make a copy. Your server can use Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E). It is very important that the person doing the service prepare your Proof of Service correctly. The server must then give you the original and copy of the Proof of Service for you to file with the court.
Service in an unlimited case
- Read What Is Proof of Service? (form APP-009-INFO) for information on serving documents in an unlimited civil case.
- Make sure your server serves a copy of the Notice of Appeal, not the original because the original is for the court.
- Have your server prepare a Proof of Service and make a copy. Your server can use Proof of Service (Court of Appeal) (form APP-009) or Proof of Electronic Service (Court of Appeal) (form APP-009E). It is very important that the person doing the service prepare your Proof of Service correctly. The server must then give you the original and a copy of the Proof of Service for you to file with the court.
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File Notice and Proof of Service
File the original of your Notice of Appeal and Proof of Service. You can do this in person, by mail, or sometimes electronically (called e-filing). If you file in person, also turn in a copy. The clerk will keep the original and return the copy to you, stamped "Filed." If you file by mail, include a copy and a self-addressed and stamped envelope. The clerk can mail back the copy to you, stamped "Filed".
You will have to pay a filing fee to file the Notice of Appeal (except for appeals in juvenile or conservatorship cases). If you can't afford the filing fee, you can ask the court to waive this fee.
Fee waivers
In a limited civil case (a civil case involving an amount that is $35,000 or less):
- If you have a fee waiver from the superior court for the case you are appealing and that fee waiver has not ended (fee waivers automatically end 60 days after the judgment), your fees are already waived. Just include a copy of the fee waiver with the Notice of Appeal.
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If you did not get a fee waiver in your superior court case or you had a fee waiver but it has ended, you can apply to the appellate division for a fee waiver. If the appellate division grants your fee waiver, you will not have to pay the court fees or costs.
In an unlimited civil case (such as civil cases involving an amount over $35,000 or family law cases): You will have to apply to the Court of Appeal for a fee waiver even if you have a fee waiver from the superior court. If the Court of Appeal grants your fee waiver, you will not have to pay the court fees or costs.
If you do not pay the filing fee or if your check bounces, the court will send you a notice that you have 15 days to pay the fee or get a fee waiver. If you asked for a fee waiver but the court denied your application, you will also get a notice that you have 15 days to pay the fee.
If you do not pay the fee within 15 days, the court may dismiss your appeal. If the court dismisses your appeal but you had a good reason why your payment was late, you can file a motion to reinstate the appeal. If the court grants the motion to reinstate the appeal, it will give you a specific time to make your payment.
Civil appeals
What's next?
In most civil appeals, no later than 10 days after you file your Notice of Appeal, you must let the superior court know what documents and oral proceedings you want them to include in the record that will be sent to the appellate court. This is called "designating the record."