Appellate LAW

In both civil and criminal cases, an appeal is the process in which a party who is dissatisfied with the outcome of a case in a lower court can petition a higher court to review the case.

Key Terms and Issues in Appellate Law
Appeals Process Generally, an appeal is a process in which a party who is dissatisfied with the outcome of a case in a lower court will petition a higher court to review the case. For those who file an appeal, you may want to consult an appellate lawyer. The appellate courts (Court of Appeals and Supreme Court) do not retry cases or hear new evidence. Rather, they review what occurred in trial court and make sure the proper law was applied and the proceedings were fair. Each side presents a written argument to the appellate court in a document called a "brief." After the briefs are received, an appeal is scheduled for oral argument by the Court of Appeal or the Supreme Court. At oral argument (about 15 minutes per side), each attorney has a chance to present arguments and answered questions. Once the case is decided, the panel of Justices will write an opinion, explaining its reasoning and an outcome. Understanding How to Appeal You first need to know where and when you can file an appeal. In the San Diego Superior Court, you can file a notice of appeal in the Superior Court Appellate Division in the downtown courthouse. North County’s court currently accepts the notice of appeal on cases originating there, but be sure to check on this before you go to file your appeal. In the appeals process, it is critical that you visit the San Diego Superior Court website at http://www.sdcourt.ca.gov and go to the Appeals section. If you miss the final date for filing an appeal, you will not be able to file it. Opposing Parties — Notification All appeals filed with the Court must be accompanied with a Proof of Service. This may be personal service or service by mail. Generally, personal service should be done by a person over the age of 18 and not a party to the action. The proof of service must be filled out completely and correctly, so you must educate yourself on the requirements. Oral Argument Very often the filing of the briefs will provide the appellate judges with all of the information they need to decide a case, but there is also an opportunity for both sides to present an oral argument. The judges will not want the briefs to be read aloud or restated in oral argument since they have already read them. The parties may want to use the oral argument time to clarify points previously made or highlight what they believe is important or to answer questions from the judges. Either side may choose to participate in oral argument or not, and failure to respond to a request to appear is an assumption that the party has waived the right to present an oral argument. Appeals Court Decision Process and Timing The case will be submitted to the Appeals Court once the oral arguments or the time for oral arguments has passed. At this time neither of the parties may submit any additional information to the Court, and a decision on the appeal will be given within 90 days. All parties will be notified by mail of the court’s decision. Petition for Rehearing If you lose an appeal, you can file a petition for rehearing in the appellate court asking the court to correct an important mistake in its decision, such as a major misstatement of fact, an error of law, major law or facts that were left out, or an important argument that was not included. The petition must generally be served and filed within 15 days of the filing of the appellate court’s decision (California courts). Higher Court Appeals If you lose your appeal, you may be able to transfer to the Court of Appeal, if your case originated in the appellate division of the Superior Court. If it originated in the Court of Appeal, then you can ask the California Supreme Court to review the decision.
What to ask your lawyer?
Do I have an appeal? In most circumstances, a case can only be appealed after a final judgment has been rendered in the case. This means that even if you disagree with the judge’s decision on some aspects of the case, you must wait until the conclusion of the case before you can file an appeal. It is also possible to appeal a court’s given decision regarding certain orders made by the trial court after the final judgment, such as a child custody order made when a divorce is final. There are some exceptions to this rule, and some orders in Family and Probate Court may be appealed right away before a final judgment. To find out if you qualify for these exceptions, consider an appeals lawyer who has a background and experience in this area of the law. Please note, you must have been a named party in the initial case in the trial court in order to appeal a court decision. You cannot personally file on behalf of an immediate family member, relative or friend. How does the process of appealing work? When an attorney is appealing a court case, the Appellate Court will not attempt to redecide the facts or hear any new evidence in the case, but will determine whether the court made an error in the way the law was applied to the case. For these reasons, it is important to understand when and how to appeal a court decision in the defendant’s best interest. If the attorney decides to appeal a court case verdict, the Appellate Court will review what happened in the lower court to see if the correct procedures were followed, so the scope of the review is limited in nature and will be different from the issues brought out during the trial. The Appellate Court will only be able to reverse, or appeal, the trial court’s decision if it finds that the trial court made a mistake in applying the law and that the mistake had an impact on the outcome of the case. Unfortunately, even if you do go about appealing a court case, the decisions of the trial court will stand, and you must comply with any of the orders rendered there until the appeal is decided. It is possible to ask the Appellate Court to “stay” the orders of the trial court, but again, this may be a complicated process requiring the assistance of counsel that understands exactly how to appeal a court decision. What happens after you file an appeal and proof of service is filed? What steps do I need to follow to submit a brief and file my appeal, what should be included, and what is the timetable for submitting? All are important components of the appellate process that can often be misunderstood.
Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer. Updated 3/27/2018

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Appellate LAW

In both civil and criminal cases, an appeal is the process in which a party who is dissatisfied with the outcome of a case in a lower court can petition a higher court to review the case.

Key Terms and Issues in Appellate Law

What to ask your lawyer?

Resources

Latest News from the SDCBA Appellate Law Section

Court of Appeal Courthouse Tour

The State of the Appellate Courts: A Joint Address

How to Settle an Appeal for Your Client