Appeals
Appeals
The Appellate Division is the reviewing court for appeals involving misdemeanor criminal, traffic infractions and limited civil actions as well as writs of mandate, certiorari or prohibition, or other writs within the original jurisdiction of the Appellate Division.
The Superior Court, not the Appellate Division, has original jurisdiction in habeas corpus proceedings. A Small Claims appeal is heard as a trial de novo before one of three Civil judges.
The Fifth District Court of Appeals in Fresno is the reviewing court for appeals involving felony criminal cases, unlimited civil actions, family law, probate, juvenile and other matters pursuant to CCP 904.1.
The Supreme Court of California is the reviewing court for appeals in death penalty cases.
Note: A felony reduced to a misdemeanor is treated as a felony for appeals purposes.
All Notices of Appeal and subsequent documents shall be filed at the Superior Court division in which the judgment or order was issued. The processing will continue to be with that Superior Court division.
Appellate rules are covered in Title 8 of the California Rules of Court. Refer to CRC 8.100-8.642 for upper jurisdiction appeals and CRC 8.800-8.1125 for lower jurisdiction appeals. Additional information on filing lower jurisdiction appeals is located in Rule 6 of the Local Rules of Court, available on this website.
The status of appeals under review with the Court of Appeals or the California Supreme Court is available at http://courts.ca.gov/courtsofappeal.htm.
Fees
Fees are required for appeals for Small Claims, Civil, Family Law and Probate cases. Please see Fee Schedule.
Appeal Forms
Judicial Council forms can be found on the website for the Judicial Council of California at http://courts.ca.gov/forms.htm. You can also visit the Self-Help Center at the California Courts website at http://courts.ca.gov/selfhelp.htm.