Appeals

Please refer to the most current edition of the California Rules of Court for specific information regarding all appeals.

Appeals Reviewed by the Fifth District Court of Appeal

Notice of Appeals may be filed electronically by submitting your Notice of Appeals to Tulare-5DCA@tulare.courts.ca.gov. Courtesy copies of all briefs may be provided to the court electronically at Tulare-5DCA@tulare.courts.ca.gov. If this is pertaining to a Civil Notice of Appeal and/or Designations of Records, please communicate with the Appeals Clerk’s regarding the filing fees.

Felony Cases

Felony appeals are filed after the order of judgment/sentencing. Please refer to the California Rules of Court for specific time requirements.

An appeal is a review of the trial court's decision by another court. A party may appeal an unfavorable judgment and certain orders. An appeal is not a retrial. You will not be permitted to introduce new evidence, and the appellate court will not reassess conflicting evidence. The party who files the appeal is called the appellant. The opposing parties are the respondents.

Listed below is the procedure, pursuant to the California Rules of Court, from the time the appeal is filed until the final decision of the Court of Appeal is issued by remittitur.

The Notice of Appeal must be filed with the Appeals Division before the filing deadline. For example, the Notice of Appeal in a felony case must be filed within 60 calendar days after sentencing [CRC 8.308}. To find the filing deadline for your case, see the California Rules of Court, Rules 8.1-8.793.

Only a person or entity that was a party in the trial court proceeding can appeal a decision in that proceeding. You may not appeal on behalf of a friend, a spouse, a child, or another relative unless you are a legally appointed representative for that person (such as a guardian or conservator).

Notice of Appeal: To appeal from a judgment or an appealable order of the superior court in a felony case, the defendant or the People must file a notice of appeal in that superior court.The notice of appeal must be signed by the appellant's attorney or the appellant if not represented.
Notice to Court Reporter(s): The clerk of the superior court shall notice any court reporter(s) for transcripts of hearings not already filed with the court that constitute part of the normal record pursuant to the California Rules of Court. In most cases, the court reporter is given 20 days to complete the transcripts, unless an extension of time is requested from the Court of Appeal.
Clerk's Transcript: Once the appeal has been filed and processed, the clerk of the superior court shall prepare the clerk's transcript to consist of all documents that constitute a normal part of the record pursuant to the California Rules of Court.
Transmittal: Upon completion of the clerk's and/or reporter's transcripts, the original record shall be certified to the Court of Appeal and copies mailed to all appropriate parties.
Appointment of Counsel: The Appealing Party may request that counsel be appointed to represent them on appeal.
Appellant's Opening Brief: An opening brief shall be served and filed with the reviewing court. Please see the California Rules of Court for specific time requirements.
Respondent's Brief: The respondent's brief shall be served and filed after the appellant's opening brief is filed. Please refer to the California Rules of Court for specific time requirements.
Appellant's Reply Brief: The appellant may serve and file a reply brief after the respondent files its brief. Please refer to the California Rules of Court for specific time requirements.
Opinion: Upon decision of the reviewing court, a written opinion is filed and copies sent to all appropriate parties. The opinion becomes final, providing there are no pending reviews of the case in the Supreme Court.
Remittitur: The remittitur is the final decision of the reviewing court and is deemed issued when the clerk enters it in the record. The clerk of the superior court must immediately send file-stamped copies to all parties involved. If a change in judgment, modifications, or further proceedings have been ordered, the clerk of the superior court shall proceed accordingly.

Juvenile Dependency

Juvenile appeals are filed after judgment or the making of the order being appealed.

Listed below is the procedure, pursuant to the California Rules of Court, from the time a Juvenile Dependency (W&I 300) appeal is filed until the final decision of the Court of Appeal is issued by Remittitur.

Notice of Appeal: A notice of appeal must be filed in the superior court after the rendition of the judgment or the making of the order being appealed. Please refer to the California Rules of Court for specific time requirements.
Notice to Court Reporter(s): The clerk of the superior court shall notice any court reporter(s) for transcripts of any hearings conducted throughout the case that are required to be included as part of the normal record on appeal pursuant to the California Rules of Court. In most cases, the court reporter is given 20 days to complete the transcripts, unless an extension of time is filed with the Court of Appeal.
Clerk's Transcript: Once the appeal has been filed and processed, the clerk of the superior court shall prepare the clerk's transcript to consist of all documents that constitute a normal part of the record pursuant to the California Rules of Court.
Transmittal: Upon completion of the clerk's and/or the reporter's transcripts, the original record shall be certified to the Court of Appeal and copies mailed to all appropriate parties.
Appointment of Counsel: The Appealing Party may request that counsel be appointed to represent them on appeal.
Appellant's Opening Brief: The opening brief shall be served and filed with the reviewing court. Please see the California Rules of Court for specific time requirements.
Respondent's Brief: The respondent's brief shall be served and filed after the appellant's opening brief is filed. Please refer to the California Rules of Court for specific time requirements.
Appellant's Reply Brief: The appellant must serve and file a reply brief, if any, after the respondent files their brief. Please see the California Rules of Court for specific time requirements.
Opinion: Upon decision of the reviewing court, a written opinion is filed and copies sent to all appropriate parties. The opinion becomes final, providing there are no pending reviews of the case in the Supreme Court.
Remittitur: The remittitur is the final decision of the reviewing court and is deemed issued when the clerk enters it in the record. The clerk of the superior court must immediately send file-stamped copies to all appropriate parties. If a change in judgment, modifications, or further proceedings have been ordered, the clerk of the superior court shall proceed accordingly.

Juvenile Delinquency

Juvenile appeals are filed after judgment or the making of the order being appealed.

NOTE: Juvenile Delinquency cases (W&I 601 and W&I 602) are treated the same as criminal appeals. Please see the Felony appeals section for procedures.

Notice of Appeal: A notice of appeal must be filed in the superior court after the rendition of the judgment or the making of the order being appealed. Please refer to the California Rules of Court for specific time requirements.
Notice to Court Reporter(s): The clerk of the superior court shall notice any court reporter(s) for transcripts of any hearings conducted throughout the case that are required to be included as part of the normal record on appeal pursuant to the California Rules of Court. In most cases, the court reporter is given 20 days to complete the transcripts, unless an extension of time is filed with the Court of Appeal.
Clerk's Transcript: Once the appeal has been filed and processed, the clerk of the superior court shall prepare the clerk's transcript to consist of all documents that constitute a normal part of the record pursuant to the California Rules of Court.
Transmittal: Upon completion of the clerk's and/or the reporter's transcripts, the original record shall be certified to the Court of Appeal and copies mailed to all appropriate parties.
Appointment of Counsel: The Appealing Party may request that counsel be appointed to represent them on appeal.
Appellant's Opening Brief: The opening brief shall be served and filed with the reviewing court. Please see the California Rules of Court for specific time requirements.
Respondent's Brief: The respondent's brief shall be served and filed after the appellant's opening brief is filed. Please refer to the California Rules of Court for specific time requirements.
Appellant's Reply Brief: The appellant must serve and file a reply brief, if any, after the respondent files their brief. Please see the California Rules of Court for specific time requirements.
Opinion: Upon decision of the reviewing court, a written opinion is filed and copies sent to all appropriate parties. The opinion becomes final, providing there are no pending reviews of the case in the Supreme Court.
Remittitur: The remittitur is the final decision of the reviewing court and is deemed issued when the clerk enters it in the record. The clerk of the superior court must immediately send file-stamped copies to all appropriate parties. If a change in judgment, modifications, or further proceedings have been ordered, the clerk of the superior court shall proceed accordingly.

Juvenile Writ Cases

For juvenile writ procedures, please refer to the most current edition of the California Rules of Court, specifically under Appellate Rules.

Unlimited Civil

(For $25,000.00 or more; included Unlimited Civil, Probate, Family Law, Adoptions, and Unlawful Detainers)

See the California Rules of Court for specific provisions and time to file.

Listed below is the procedure, pursuant to the California Rules of Court, from the time the appeal is filed until the record is complete and sent to the reviewing court.

Notice of Appeal: To appeal from a superior court judgment or appealable order, the appellant must serve and file a notice of appeal in that superior court. The notice of appeal must be signed by the appellant's attorney or the appellant if not represented.
Fee and Deposit: The notice of appeal must be accompanied by a completed fee waiver or a $775.00. filing fee made payable to the Court of Appeal. The appellant must also deposit $100.00 with the superior court clerk pursuant to Government Code.

If you cannot afford to pay the filing fees and other court costs, you may qualify for a waiver of those costs. Fee Waiver forms are located under Forms, Fee & Rules.

NOTE: The term "Notice of Appeal" includes a notice of cross-appeal, and the term "appellant" includes a respondent filing a notice of cross-appeal.
Reporter's Transcript: After filing the notice of appeal, the appellant must serve and file in superior court either a notice designating a reporter's transcript or a notice of intent to proceed without a reporter's transcript. The respondent, after being served with the appellant's designation, may serve and file a notice in superior court designating any additional proceedings. The notice must specify the date of each proceeding to be included in the transcript. Please refer to the California Rules of Court for specific time requirements.
Any notice of designation must be served on each known reporter of the designated proceedings.

NOTE: If the appellant elects to proceed without a reporter's transcript, the respondent cannot require a reporter's transcript be prepared.
Deposit or Substitute for Cost of Reporter's Transcript: With the notice of designation, a party must deposit with the superior court the approximate cost for transcribing the proceedings designated by using either the reporter's written estimate or $325.00 for each partial day designated (not exceeding 3 hours) or $650.00 for each full day designated. Upon receipt of the deposit for the reporter's transcript, the superior court clerk shall notice the reporter to prepare the transcript for the dates designated. In lieu of the deposit, the party may submit a written waiver of deposit by the reporter.
Clerk's Transcript: After filing the notice of appeal, an appellant must serve and file a notice in the superior court designating the documents to be included in the clerk's transcript. The respondent may, after service of appellant's designations, serve and file a notice in the superior court designating any additional documents to be included in the clerk's transcript. Please refer to the California Rules of Court for specific time requirements.
NOTE: A notice designating a clerk's transcript MUST identify each designated document by its title and filing date or, if the filing date is not available, the date it was signed. For minute orders, it is sufficient to collectively designate all minute orders, or all minute orders entered between specified dates.
Deposit for Cost of Transcript: The superior court clerk shall notice each party with an estimate of cost for the clerk's transcript on appeal. The appellant and any party wanting to purchase a copy of the transcripts shall deposit the estimated cost with the clerk. Please see the California Rules of Court for specific time requirements. Upon receipt of the deposit for the clerk's transcript, the superior court clerk shall prepare the clerk's transcript on appeal. Failure to file a designation of record or deposit the estimated costs on appeal by the appellant will cause a default to be entered by the superior court clerk and may result in the appeal being dismissed.
Filing the Record: Upon completion of the clerk's and/or reporter's transcripts, the original record shall be certified to the Court of Appeal and copies mailed to the appellant and to any parties who have posted a deposit covering the cost of the transcripts on appeal.
Appendixes Instead of Clerk's Transcript: After filing the notice of appeal, any party electing to proceed by an appendix instead of by clerk's transcript must serve and file a notice of election in superior court. Please refer to the California Rules of Court for additional information. The notice of appeal and designation of record (both clerk's and reporter's) may be included on one pleading or filed separately.
Appellant's Opening Brief: The opening brief shall be served and filed with the reviewing court. Please see the California Rules of Court for specific time requirements.
Respondent's Brief: The respondent's brief shall be served and filed after the appellant's opening brief is filed. Please refer to the California Rules of Court for specific time requirements.
Appellant's Reply Brief: The appellant must serve and file a reply brief, if any, after the respondent files their brief. Please see the California Rules of Court for specific time requirements.
Opinion: Upon decision of the reviewing court, a written opinion is filed and copies sent to all appropriate parties. The opinion becomes final, providing there are no pending reviews of the case in the Supreme Court.
Remittitur: The remittitur is the final decision of the reviewing court and is deemed issued when the clerk enters it in the record. The clerk of the superior court must immediately send file-stamped copies to all appropriate parties. If a change in judgment, modifications, or further proceedings have been ordered, the clerk of the superior court shall proceed accordingly.

Settlement, Abandonment, Voluntary Dismissal, and Compromise

Settlement: If a civil case settles after a notice of appeal has been filed, the appellant must immediately serve and file a notice of settlement in the Court of Appeal. If a clerk's and reporter's transcripts have been designated and the record has not been filed in the Court of Appeal, the appellant must also immediately serve a copy of the notice on the superior court clerk.
Abandonment: Before the record is filed in the Court of Appeal, the appellant may serve and file in superior court an abandonment of the appeal or a stipulation to abandon the appeal. The filing effects a dismissal of the appeal and restores the superior court's jurisdiction. The superior court clerk must promptly notify the Court of Appeal and the parties of the abandonment or stipulation.
Request to Dismiss: After the record is filed in the Court of Appeal, the appellant may serve and file in that court a request or a stipulation to dismiss the appeal. On receipt of a request or stipulation to dismiss, the court may dismiss the appeal and direct immediate issuance of the remittitur.
Approval of Compromise: If a guardian or conservator seeks approval of a proposed compromise of a pending appeal, the Court of Appeal may, before ruling on the compromise, direct the trial court to determine whether the compromise is in the minor's or conservatee's best interests and to report its findings.

Appeals Reviewed by the Lower Court

Limited Civil Cases

(for less than $25,000.00: includes Unlawful Detainers)

You must file the appeal after the date of mailing the notice of entry of judgment by the clerk of the court or after service of the notice of entry of judgment by any party or the party filing the notice of appeal, whichever is earliest.

Listed below is the procedure, pursuant to the California Rules of Court, from the time the appeal is filed until the record is complete and sent to the reviewing court.

Notice of Appeal: The notice of appeal shall be filed with the clerk of the trial court and shall be signed by the appellant or their attorney.
Notification by Clerk: The clerk of the trial court shall mail a notification of the filing of the notice of appeal to the attorney of record of each party other than the appellant, or to the last known address of the party if not represented. The notification shall include the number and title of the action and the date the notice of appeal was filed.
Time for Filing: Please refer to the California Rules of Court for specific time requirements.
Fees: Please refer to the Uniform Civil Fee Schedule for information regarding fees.
Cross-Appeal: When a timely notice of appeal is filed, any other party may file a notice of appeal after mailing of notification by the trial court clerk. Please refer to the California Rules of Court for specific time requirements.
Notification of Cross-Appeal: The clerk of the trial court shall mail a notification of the filing of the notice of cross-appeal to the attorney of record of each party other than the cross-appellant, or to the last known address of the party if not represented.
Designation of Record: The appellant shall serve on the respondent and file with the clerk of the trial court a designation of record. Please refer to the California Rules of Court for specific time requirements.
Designation by Respondent: After service of the appellant's designation, the respondent may serve on the appellant and file with the clerk a notice designating additional papers or records. Please see the California Rules of Court for specific time requirements.
Estimate of Cost: Once the time to designate has expired, the clerk shall notice the parties an estimate of costs to prepare the clerk's and/or reporter's transcripts. Payment is due within 10 days of the notification from the clerk.
Agreed or Settled Statement: See the California Rules of Court.
Correction of Record: Upon completion of the clerk's and/or reporter's transcripts, the clerk will mail notice thereof. After mailing of the notice, any party may file a request for correction. If no request for correction is filed within the time allowed, the clerk shall certify the record as correct. Please refer to the California Rules of Court for specific time requirements.
Transmission and Filing of Record: Once all fees have been paid and the record has been certified as correct, the clerk will transmit the record to the reviewing court.
Hearing: Upon receipt of the record from the trial court, the appellate clerk shall set the matter for hearing and notice all parties.
Opinion: Upon a decision by the appellate panel, an opinion will issue and be mailed to each party. If no objections to the opinion are filed, the remittitur shall issue. If no written opinion is issued by the court, a Notice of Decision will be mailed.

At the appeal hearing, each party will be provided with a limited time to explain why the trial court proceedings were or were not in error (called oral argument). At the conclusion of oral argument, the panel will announce a decision or may take the matter under submission. If taken under submission, a written ruling will be prepared and mailed to you, usually within 30 days of the appeal hearing.

Misdemeanor Cases

Appeals in most misdemeanor criminal cases are heard in the Appellate Division of the Superior Court. The procedures for presenting an appeal are contained in the California Rules of Court (rule 8.850 and following). An appeal is not a new trial. The appellate panel will not re-hear the presentation of evidence.

The time for filing an appeal is limited. You must act promptly. In misdemeanor cases a Notice of Appeal must be filed within thirty (30) days after the judgment or order appealed from (See CRC 8.853(a).)

Instructions and further information are contained in the Judicial Council Form CR-131-INFO Information on Appeal Procedures for Misdemeanors. The required form for Notice of Appeal is Form CR-132- Notice of Appeal (Misdemeanor). These forms are available through the clerk's office and from the California Courts web site.

Once all of the documents required to support the appeal have been filed, the appeal will be set for hearing before the appellate panel. The panel consists of three Superior Court judges assigned by the Chief Justice of the California Supreme Court to serve on the appellate panel. Appeals are heard once a month on the last Wednesday of the month. You will receive written notice of the date and time of your appeal hearing and of the deadline for filing any briefs (written legal arguments) you may want the appellate panel to review.

Traffic Cases

Appeals in traffic infraction cases are heard in the Appellate Division of the Superior Court. The procedures for presenting an appeal are contained in the California Rules of Court (rule 8.900 and following). An appeal is not a new trial. The appellate panel will not re-hear the presentation of evidence.

The time for filing an appeal is limited. You must act promptly. In traffic infraction cases a Notice of Appeal must be filed within thirty (30) days after the judgment or order appealed from (See CRC 8.902(a).)

Instructions and further information are contained in the Judicial Council Form CR-141-INFO Information on Appeal Procedures for Infractions. The required form for Notice of Appeal is Form CR-142 - Notice of Appeal and Record on Appeal (Infraction). These forms are available through the clerk's
office and from the California Courts web site.

Once all of the documents required to support the appeal have been filed, the appeal will be set for hearing before the appellate panel. The panel consists of three Superior Court judges assigned by the Chief Justice of the California Supreme Court to serve on the appellate panel. In our court, appeals are heard once a month on the last Wednesday of the month. You will receive written notice of the date and time of your appeal hearing and of the deadline for filing any briefs (written legal arguments) you may want the appellate panel to review.

Judicial Branch of California