Appeals

• For more information on the civil appeal process.

Nature of an Appeal

A party may appeal an unfavorable decision made in the trial court to the appellate division of the Superior Court. The appeal must be directed towards errors of law only. An appeal is not a retrial, and you will not be permitted to introduce new evidence.

Notice of Appeal

If you wish to appeal, you must file your Notice of Appeal with the clerk of the trial court within 30 calendar days if you are charged with a Misdemeanor or an Infraction and with 60 calendar days if you are charged with a Felony after the rendition of the judgment (usually the date of sentencing). (Cal. Rules of Court, rule 8.782.) No extension of this time limit is allowed. Form TR-155, Notice of Appeal, is recommended for use in filing the notice.

Proposed Statement

In most cases you must prepare a Proposed Statement to provide a complete record on appeal. To submit a Proposed Statement, you must file it within 15 days after filing the Notice of Appeal. Form TR-160, Proposed
Statement on Appeal, is recommended. (Cal. Rules of Court, rule 8.784.) The Proposed Statement should contain all of the following:

1. Grounds of appeal—a statement of the legal errors you believe were committed by the trial court. (Cal. Rules of Court, rule 8.784.)
2. An official transcript or a statement of the evidence or trial procedures relevant to each of your grounds of appeal. (Cal. Rules of Court, rule 8.784.) If your trial was recorded, you may obtain a copy of the recording and produce your own summary or transcript. In some counties, a certified transcript of a recorded trial may be available. If an official court reporter's transcript is available, you may use a certified copy of the reporter's transcript.

NOTICE: The filing of a Proposed Statement is required in order to prepare a Settled Statement. Although it is technically possible for an appeal to proceed in the absence of a Settled Statement, as a practical matter in almost all cases such a statement will be necessary for the appellate division to meaningfully review the appeal. The Proposed Statement must be filed with the clerk of the trial court.

If you proceed with your appeal by way of a Settled Statement, you may either complete form TR-160 or prepare your own Proposed Statement. The document should be TYPED if possible. If an official transcript is not available, your Proposed Statement must include a statement of the evidence or trial procedures.

In addition to filing the original Proposed Statement with the court, a copy of your Proposed Statement must be served in person or by mail to the district attorney or city attorney where the case was tried.

Settling the Proposed Statement

The district attorney or city attorney has the right to file proposed amendments to your Proposed Statement within 15 days after it is filed. (Cal. Rules of Court, rule 8.785.) After the district attorney or city attorney has filed proposed amendments or the time for filing has passed, a hearing will be set by the clerk before the judge who decided your case for the purpose of settling the Proposed Statement. (Cal. Rules of Court, rule 8.788.)

The trial judge may correct, alter, or rewrite the statement so that it fairly and truly sets forth the evidence and proceedings and may direct you to prepare a revised statement for his or her signature. However, your statement of grounds of appeal cannot be eliminated from the Settled Statement. (Cal. Rules of Court, rule 8.788.)

After the revised statement is prepared, the judge will certify to its correctness.

Transfer of Appeal

After a record of the trial court's proceedings has been prepared, it will be sent to the appellate division of the superior court. The superior court will then mail you a notice stating the date your opening brief is due. You must file an opening brief by the date set by the court. Failure to do so may result in the dismissal of your appeal. (Cal. Rules of Court, rule 8.792.)

The preparation and filing of briefs is governed by California Rules of Court, rule 8.706. You should read this rule thoroughly and comply with it.

If the district attorney files a respondent's brief, you may file a reply brief; however, one is not required. (Cal. Rules of Court, rule 8.706.)