Steps in the Appeal Process

STEPS IN THE APPEAL PROCESS

Appeals to the Appellate Division of Superior Court

Appeals to the Court of Appeal

  • If you wish to appeal a trial court decision on a misdemeanor, infraction, or limited civil (disputes involving $25,000 or less) matter, the Appellate Division of the Superior Court will hear your appeal. Note: Although the Appellate Division will review your appeal, you must file your Notice of Appeal in the appropriate business office location.

  1. Trial court decision made.
  1. Superior Court decision made.
  1. Losing party files notice of appeal with trial court.
  1. Losing party files notice of appeal with Superior Court.
  1. Trial court clerk notifies other parties and Appellate Division.
  1. Superior Court clerk notifies other parties and Court of Appeal.
  1. Trial court record is submitted to Appellate Division.
  1. Superior Court submits the record  to Court of Appeal.
  1. Both appellant and respondent submit written briefs presenting their legal arguments.
  1. Both appellant and respondent submit written briefs presenting their legal arguments.
  1. Case is placed on calendar and is generally assigned to a panel of three Appellate Division judges.  Appeals in traffic infraction cases may be heard by a single judge.
  1. Case is placed on calendar and assigned to a panel of three Court of Appeal justices.
  1. Judge(s) review trial court records, written briefs, and applicable law and precedent.
  1. Panel of justices reviews Superior Court record, written briefs, and applicable law and precedent.
  1. Oral argument is heard, unless waived by litigants.
  1. Oral argument is heard, unless waived by litigants.
  1. On three-judge panel, concurrence of two of the three judges is necessary to form a majority.
  1. Concurrence of two of the three justices is necessary to form a majority.
  1. Decision is filed and mailed to parties.
  1. Opinion is written and filed.
  1. Petition for Rehearing - Losing party may ask Appellate Division to rehear case.
  1. Petition for Rehearing - Losing party may ask Court of Appeal to rehear case.
  1. Application for Certification to Court of Appeal - In a very limited number of cases, the losing party may file an application for the certification and transfer of the appeal to the Court of Appeal.
  1. Petition for Review - The losing party may file a petition to review with the California Supreme Court, which grants review in four to five percent of cases each year.