Appeals

How long do I have to file an appeal?

You must file your appeal within specific time limits. These deadlines are strict, and the court cannot give you extra time to file.

How and where do I file my appeal?

• Landlord-tenant, misdemeanor, traffic infractions, or limited civil cases: File your appeal in the Appeals Division or the division where your case was heard. These appeals are reviewed by the Appellate Division.
• Unlimited civil, family law, probate, guardianship, felony, and juvenile cases: File your appeal in the Appeals Division or the division where your case was heard. These appeals are reviewed by the District Court of Appeal.
• Small claims cases: Go to the district where your case was heard and let them know you want to appeal the court's decision.

Who can file an appeal?

• Small Claims: The plaintiff cannot appeal in small claims cases unless the defendant filed a cross-complaint. If so, the plaintiff may appeal the cross-complaint. Only the defendant can appeal otherwise.
• Limited Civil: Any party involved in the case.
• Misdemeanor: The District Attorney, the defendant, or the defendant's attorney.
• Infraction: The defendant.
• Unlimited Civil: Any party involved in the case.
• Criminal/Felony: The District Attorney, the defendant, or the defendant's attorney.

How do I appeal a small claims case?

For small claims appeals, the Superior Court holds a "Trial De Novo," meaning a new trial. The court reviews the case from the beginning and allows new evidence. To file your appeal, visit the district where your case was heard and notify them that you want to appeal.

How do I appeal a parking ticket?

If you’ve completed all the steps with the agency that issued the parking ticket and still disagree with the outcome, you can file a new civil case in the court that handles cases for that agency. Filing fees may apply.

What is included in the record for a misdemeanor or traffic case?

The "Record on Appeal" includes specific items:

• For misdemeanors, see Rule 8.861.
• For infractions, see Rule 8.912.

If you want to use a "Statement on Appeal" instead of a transcript or recording (Rule 8.869), you must prepare, serve, and file a "Proposed Statement" within 20 days of filing the notice about the oral proceedings record.

The statement should include:

1. The reasons for the appeal (what legal errors you believe the court made).
2. A summary of the trial or evidence relevant to the appeal. You can use a court transcript, your own summary, or a trial recording if available.
3. Judicial Council forms CR-135 (misdemeanor) or CR-143 (infraction) for preparing the statement.

For infractions, if a transcript is requested, you must pay a deposit for the cost. The prosecutor can propose changes to your statement, and the trial judge can revise it to accurately reflect the trial.

How do I appeal a limited civil case?

Within 10 days of filing the notice of appeal, you must tell the trial court clerk in writing which documents and proceedings to include in the record sent to the Appellate Division (use Judicial Council form APP-103).

• Clerk’s Transcript: A collection of documents filed in the lower court.
• Reporter’s Transcript: A word-for-word record of court proceedings, or you may summarize proceedings if they weren’t recorded. If you want a transcript, you must deposit an estimated fee.

If appealing something related to oral proceedings (like jury instructions), you must include a notice to prepare a transcript and pay the costs within 10 days of receiving an estimate.

If you choose not to request a transcript, you can use a "proposed" or "agreed" statement summarizing the trial (see Rules 8.836 or 8.837).

How do I get a lawyer for my appeal?

If you were convicted of a misdemeanor and face jail time, a fine over $500, or serious consequences, you can apply for a court-appointed lawyer. If you qualify for a fee waiver, the court must assign counsel (see Judicial Council form 982(a)(17)(A)).

What is an opening brief, and how do I file one?

Once the trial court prepares the record, it sends it to the Appellate Division. The Appellate Clerk will notify you about the schedule for briefs.

You have 30 days from when the record is sent to file your opening brief (see Rule 8.882). Your brief must:

• Explain why the trial court's decision was legally wrong.
• Provide evidence from the record and reference laws or statutes supporting your argument.
• Focus on legal errors, not factual disagreements.

Where can I find forms and procedures?

Forms and rules for appeals are available in the California Rules of Court:

• Limited Civil Cases: Rules start at 8.820.
• Small Claims Appeals: Start at 8.950.
• Misdemeanors: Start at 8.850.
• Infractions: Start at 8.900.
• Unlimited Civil Cases: Begin at 8.100.
• Felony Cases: Start at 8.300.
• Juvenile Cases: Begin at 8.400.

Are there costs for filing an appeal?

Yes, depending on the type of case, there may be fees.