Options other than appealing
Before filing an appeal, consider whether it is the best option for addressing what you feel was wrong with the trial court’s decision. An appeal may not be the correct, easiest, or fastest way to resolve your concerns. There are other options you might want to explore, such as filing motions or participating in settlement or mediation programs.
Fight a judgment without appealing
Depending on the circumstances of your case, you may be able to file a motion asking the court to change, fix, or cancel the judgment against you. Here are some common options:
Motion to vacate or set aside the judgment
This motion asks the trial court to cancel its judgment or order. Different laws apply in different cases, and you usually need to meet specific requirements to file this motion. Your trial court's Self-Help Center or a local free law library can provide assistance. Consulting a lawyer for advice can also be helpful.
Motion for reconsideration
This motion requests the trial court to reconsider an order based on new facts, circumstances, or laws. You must file this motion within 10 days of being served with the written notice of entry of the order you want the court to reconsider. The motion must include an affidavit detailing the original order and the new information. For more details, see California Code of Civil Procedure section 1008(a).
Application for renewal
This application is a request made by a party who previously filed a motion that was denied or partially denied by the court. In the application, the party asks the judge (either the same judge who denied the previous motion or a different judge) to reconsider and grant the order they originally requested based on new facts, circumstances, or laws. There is no time limit for this application, but it must include an affidavit with information about the original order and the new facts or laws. For more information, see California Code of Civil Procedure section 1008(b).
Motion for a new trial
A motion for a new trial requests the trial court to reexamine one or more issues of fact or law after a trial and decision by the judge or jury. Common reasons for asking for a new trial include:
- Jury misconduct
- Insufficient evidence for the verdict
- Excessive or inadequate damages
- An irregularity that prevented a fair trial
- Newly discovered evidence
Other reasons may also apply. The law allowing a judge to grant a new trial is based on California Code of Civil Procedure section 657. Your court's self-help center can assist you, or you can consult a lawyer for advice.
Settlement or mediation
Consider settlement or mediation either before or after you file an appeal. You may reach an agreement with the other side instead of going through the appeal process.
If you have already filed your notice of appeal, the Court of Appeal or superior court appellate division may offer mediation or settlement programs to help explore resolution options. Each court may have different offerings, so ask your superior court’s appellate division (if appealing a limited case) or your Court of Appeal (if appealing an unlimited civil case) about available programs.
Important note: You must still meet the filing deadline for the appeal, even if you are trying to settle. If you miss the deadline for the notice of appeal because you were attempting to mediate or settle, you will lose your chance to file an appeal. So, unless a settlement is reached, make sure to file your notice of appeal within the deadline