APPEALS/WRITS

There are two main grounds for appealing a decision:

Evidence in the trial court was insufficient to justify the judgment/verdict.

Errors of law were committed.

An appeal is a proceeding by which a case is brought from a lower court to a higher court for rehearing or reconsideration after a judgment has been given by the lower court. The higher, or appellate court, may sustain, reverse, or modify the decision. Most appeals are limited to a review of the record from the lower court. Parties cannot introduce new evidence and are limited to what was said and introduced at the original proceeding/trial. The appellate court reviews the lower court's application of the law to the facts as presented.

Some appeals do allow for a new trial without reference to the evidence submitted in the original proceedings. Such an appeal results in a trial de novo, meaning a trial from the beginning. Appeals from small claims court result in a trial de novo within the Superior Court. The judge is not bound by the decision of the judge who presided in the small claims proceeding, and new evidence can be presented.

The most important act in an appeal is the timely filing of the notice of appeal. This notice must be filed before the time expires. There are many time limits and regulations in proceeding with an appeal. Failure to meet some time limits may result in dismissal of your appeal. It is very important that you review the California Rules of Court for specific information on the time restrictions and requirements for filing a notice of appeal.

Deadline for Filing

• Criminal Traffic Cases 30 days from Order

Criminal Cases:

• Felony 60 days from Order
• Misdemeanor 30 days from Order
• Traffic 30 days from Order
• Death Penalty cases Automatic
• Juvenile Dependency Cases:
• Notice of Intent to File a Writ Petition 7 days from Order unless party filing was not present in Court on the day of the order and notified by mail, then it is 12 days from Order
• Notice of Appeal 60 days from Order
• Juvenile Delinquency Cases 60 days from Order
• Traffic Infraction Cases 30 days from Order

Extensions

• Event Extension of Time
• Holiday Next Business Day
• New Trial Proceeding 30 days after entry of order denying motion or denial by operation of law must be filed w/in 180 days of entry of judgment.
• Motion to Vacate Earliest of:
• 30 days after entry of order denying
• 90 days after 1st notice of intent to move to vacate is filed or
• 180 days after entry of judgment
• Motion for Judgment Notwithstanding 30 days after entry of order denying the motion for new trial or its denial by operation of law or
• 180 days after entry of judgment
• Cross Appeal 20 days after filing of the initial appeal

Rules of Court Guideline for Appeals
Appeals in Adoptions, California Rules of Court 39-39.4
Death Penalty Cases, California Rules of Court 39.5-39.57
Criminal Felony Appeals, California Rules of Court 30-38
Criminal Misdemeanor Appeals, California Rules of Court 180-191
Criminal Traffic Appeals, California Rules of Court 180-191
Juvenile Delinquency Cases, California Rules of Court 31, 39-39.4
Juvenile Dependency Cases, California Rules of Court 39-39.4
Traffic Infraction Appeals, California Rules of Court 180-191

Finally, meet with your attorney as soon as possible. When you meet with Mr. McDonald, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

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