The Civil Appeal Process in California

In California, if a party is unhappy with a trial court’s decision in a civil case, they can file an appeal. A civil appeal is a request for a higher court to review the trial court’s decision to determine if any legal errors affected the outcome.

The appeal process starts with filing a notice of appeal, usually within 60 days after the court enters a judgment or order. This officially notifies the court and the other party that you intend to challenge the decision. After the notice of appeal is filed, the appellant—the person appealing—must prepare a record of what happened in the trial court, including transcripts, documents, and evidence presented.

Next, the appellant submits written briefs explaining why the trial court’s decision was incorrect and citing relevant laws or precedents. The respondent, the opposing party, also submits a brief defending the trial court’s ruling. Once the briefs are submitted, the appellate court may schedule oral arguments, where attorneys for both sides present their case and answer questions from the judges.

The appellate court then reviews the record and arguments. It may affirm the trial court’s decision, reverse it, or send the case back to the trial court for further proceedings. Appellate courts generally do not retry the case or hear new evidence; they focus on legal errors that may have affected the original decision.

The civil appeal process is complex and follows strict rules and deadlines. Even small mistakes can affect the outcome, so parties need to be organized and thorough when preparing an appeal.