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Appeals FAQs

Appeals Frequently Asked Questions

In Small Claims cases, the appeal period expires 30 days after the mailing of the Notice of Entry of Judgment.

In Traffic cases and in Criminal cases involving a misdemeanor or an infraction, the expiration date is 30 days after the rendition of the judgment or the making of the order being appealed.

In Criminal cases in which a person was convicted of a felony or was charged with a felony, even if it was later reduced to a misdemeanor, the notice of appeal must be filed within 60 days after the rendition of judgment (sentencing) or the making of the order being appealed.

In limited Civil cases the appeal must be filed on or before the earliest of:

  1. Thirty days after the trial court clerk mails the "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date mailed.
  2. Thirty days after the party filing the notice of appeal serves or is served by a party with the "Notice of Entry" of judgment or a file-stamped copy of the judgment with proof of service; or
  3. Ninety days after entry of judgment.

In unlimited Civil cases (including Family Law and Probate) the appeal must be filed on or before the earliest of:

  1. Sixty days after the Court mails the "Notice of Entry of Judgment".
  2. Sixty days after the party filing the notice of appeal serves or is served by a party with a "Notice of Entry of Judgment".
  3. One hundred and eighty days after the entry of judgment.

In Juvenile justice or dependency cases the appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.

With the exception of Small Claims appeals, the Evidence Clerk will send a letter notifying all parties of the "Order of Disposition of Exhibits." The parties will schedule an appointment within the 60-day time frame set aside to pick up the exhibits.

Small Claims exhibits may be returned to parties in court at the conclusion of their Small Claims hearing, or they may be returned by mail to parties, along with the decision or ruling.

When a small claims appeal is filed, it is the responsibility of all parties to bring their exhibits to the Small Claims Trial De Novo appeal hearing.  After the hearing, the exhibits may be returned to parties in court, or returned to parties, along with the decision or ruling.

With the exception of small claims appeals, the exhibits will be retained with the Evidence Clerk until a "Remittitur" has been issued from the Appellate Division or the Court of Appeal, unless a rehearing has been ordered, or the case is sent to the Supreme Court, or the original exhibits were ordered to be sent to the Court of Appeal or the Supreme Court. 

In Capital cases, exhibits are retained indefinitely. Depending on the type of appeal filed, the process may be complete in under a year, or it may be a significantly longer period before a remittitur is filed and exhibits are available for release.

Civil exhibits will be destroyed 60 days from the date of the letter notifying of the availability of the exhibits.

Criminal exhibits, other than property which is stolen or embezzled or property which consists of money or currency shall be transferred to the appropriate county agency for sale to the public. Exhibits that are determined by the Court to have no value at public sale shall be destroyed or otherwise disposed of pursuant to Court order.

The Court can only send exhibits if they are paper documents. Exhibits that are not paper documents must be retrieved in person from the Court, after scheduling an appointment for pick up with the Evidence Clerk.

See Filing Locations on the Appeals page

The 5th District Court of Appeal will send notification when they have received the transcripts from the Superior Court's division in which you filed your appeal. Notification will also state the time frame for the appellant to file their opening brief. Notice is also sent out by the Superior Court to counsel for parties, or parties in propria persona, indicating the date the transcripts were sent.

In Traffic infraction appeals, Criminal Misdemeanor appeals or Limited Civil appeals, there are different stages involved in the appeal process, including but not limited to:

1) designating and perfecting the record on appeal, 2) preparation and filing of the record on appeal, 3) filing appellate briefs, 4) each side presenting their case at an appellate division hearing, 5) filing of an Opinion by the Appellate Division and 6) issuance of a Remittitur by the Appellate Division, which is the disposition or outcome of the appeal.

Depending on the individual case, additional hearings may be initially required in the trial court if settlement of a statement on appeal is required to perfect the record prior to it being sent to the appellate division. This would occur prior to the appellate briefing process.

Briefs must also be filed prior to a hearing being scheduled.  The court will send out a briefing schedule to the parties, listing the timeline for briefs to be filed. Once the briefs have been filed, parties will be notified of a hearing date.  Appeal hearings are held on the second Wednesday of the month at 4:00 p.m. Please refer to Rule 6 of the Local Rules of Court on this website for further information regarding lower jurisdiction appeals.

In Small Claims appeal cases, a trial de novo hearing on a small claims appeal will be scheduled with a Superior Court judge. The date and time of the hearing will be scheduled on a Monday through Friday, at the assigned Judge’s discretion. The Court will mail out a notice of hearing to all parties, specifying the date and time of the hearing.

The filing fee is $775, payable by a check or money order that is made out to the Court of Appeal. In addition, a deposit of $100 is also required at the time of filing for the clerk's transcript per CRC 8.100(b)(2).

The cost to prepare the clerk's transcript is $1.50 per page for each document designated by the appellant.  The appellant pays for their copy of the Clerk’s Transcript as well as the cost for the original Clerk’s Transcript that is sent to the Court of Appeals. This is equal to double the per page cost of the transcript that will be paid by the appellant. Shipping and handling charges are either $30 or the actual cost of shipping, whichever is greater.

The cost for the reporter's transcript is $325 per each half day and $650 per each full day that is designated by the appellant. This amount must be posted/deposited when filing the Appellant's/Respondent's Notice Designating Record on Appeal.

An appeal is a request to a higher court requesting a review of a verdict or decision and any intermediate ruling, proceeding, order or decision that involves the merits or necessarily affects the judgment made by a lower court. The higher court has the authority to sustain, reverse or modify the decision or judgment rendered in the lower court. Parties cannot introduce new evidence, witnesses or testimony but are limited to what happened in the lower court. The reviewing court or higher court can only determine if the lower court erred in rendering a decision.

A writ is issued by a higher court to a lower court to produce a certified record of a particular case tried. The writ is issued in order that the higher court may inspect the proceedings and determine whether there have been irregularities.

A writ that is issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention. If the detention is found to be illegal, the court issues an order to set the person free.

A writ issued to an official, corporation or other institution commanding the performance of certain acts or duties.

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