How to Appeal a Court Decision in California
In a lawsuit, if a court decision includes a legal error that can be harmful or if new evidence or witnesses have come forth, you may be able to appeal a court decision.
Continue to read on for a further explanation.
Introduction
Many believe that once a court has decided on the case, that’s it. But the court does not always have the final say. Many people are surprised to find out that they have the power to appeal a court decision. While it is only sometimes successful, depending on the situation, the appellate court can overturn the court’s decision.
Following the proper steps and having an experienced attorney on your side are two necessities in accomplishing this goal.
What is an Appeal?
Simply put, an appeal is a review of the trial court’s decision or legal ruling in a case. It is not an entirely new case that will allow a trial to be heard again from start to finish. In other words, the higher court reviews the work of the lower court to determine whether the court’s decision stands.
Any party involved in a case can file for an appeal. The appellant is the person filing the appeal – and the appellant’s attorney is tasked with convincing the appeals court that the lower court made errors. The appellee is the person who is satisfied with the court’s decisions – and the appellee’s attorney will explain why the court’s ruling was fair and without error.
It is important to note that the process of an appeal involves more than just someone else reviewing a case. It consists of a lot of time. The entire appeal process can take a year or more to complete.
In What Cases Can You Appeal a Court Decision?
In California, just about any court decision can be appealed as long as it is filed within the allotted time. This includes the following cases:
- Traffic infractions
- Misdemeanors
- Felonies
- Limited and unlimited civil
- Small claims
- Juvenile delinquency
- Juvenile dependency
- Habeas Corpus
Determining Jurisdiction
Jurisdiction is where a court will hear the appeal. This is determined by where the lawsuit has gone through litigation. This is because the appellate court will need to be above the court that issued the original ruling. For example, an appeal on a case filed in state court will be filed with the California Court of Appeal. And the decisions appealed by the California Court of Appeal may be reviewed by the California Supreme Court.
There are six districts for the California Court of Appeal, and the appeal case will be sent to the district where the lower court case was heard.
Ensuring you have the proper jurisdiction when filing an appeal is crucial – which is why having an experienced attorney represent you can make the process go much smoother.
Filing a Notice to Appeal a Court Decision
When you have decided to appeal the court’s ruling, the first step (after hiring an attorney) is to file a Notice of Appeal. This simple document gets filed with the original trial court and must be filed within a specific time, depending on your type of case.
Rule 8.104 of the California Rules of Court determines the timeframe for filing an appeal. In many cases, you have 60 days from when a clerk mails the notice of entry judgment or a copy of the judgment. Although, you may have 180 days after the entry of a judgment. In federal cases, it is common only to have 30 days to get the notice of appeal filed.
The timely filing of the initial notice to appeal is an absolute must. Talk to an attorney to ensure you get all the deadlines.
Designate What Goes Into the Record
In an appeal case, the record is everything that happened in the lower court. If it didn’t occur in the lower court, you could not argue it in the appellate court. This usually includes the transcripts from the court reporter in the original case. Everything is put together neatly for the court to review so they can see what happened from start to finish.
Keep in mind that although they may have the entire record of the court proceeding, they are solely focused on the issue that brought the appeal to them. They will not concern themselves with other aspects of the case.
In most instances, the deadline for designating the record is ten days from when the notice of appeal is filed.
The Written Brief
One of the following steps involves writing a brief that you will submit to the higher court. This is one of the most vital parts of the appeals process – and why you want to hire an appellate lawyer.
Bit by bit, the attorney will go through the entire designated record and will begin to create a written argument for the appeal. You must submit this within 40 days from the time the record is designated. Then, the appellee has an opportunity to file a written brief in response within 30 days. And finally, once the respondent’s brief is filed, the appellant has one last chance to respond in written form within 20 days.
These briefs must follow a specific, organized format, tell the facts and procedural history, and argue issues of law.
Oral Arguments
Throughout the process of an appeal, there are motions, potential settlements, and many things done in writing. However, parties can orally argue their case in front of 3 judges. These judges will ask questions, and the attorney will have to respond.
While oral arguments are an essential part of the process, written briefs are more critical. So much so that in federal appeals, attorneys are not always allowed to file an oral argument.
Appellate Decision
Once the process is complete and the judges decide, the appeals court will issue a formal written opinion. Within the state courts, this decision is usually released within 90 days of the oral arguments.
If you feel that there is an area of legal error in your case and you would like to consider an appeal, this is something you can do with others. Hire an experienced attorney and let their expertise drive you through the process.
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