How do I file an appeal?

Anyone contemplating filing an appeal from an adverse order or judgment in the California Trial Courts should become familiar with the rules for civil appeals found in Title 8, Chapter 2 of the California Rules of Court. Many basic questions are answered by these rules. However, there are often exceptions. Therefore, we recommend that you consult with a certified appellate specialist as soon as possible after the trial court has rendered its judgment or order and before you file an appeal.

In order to file an appeal from a superior court judgment or appealable order, other than a limited civil case, a notice of appeal must be signed by the appellant or the appellant's attorney, and filed in the superior court. (California Rules of Court, rule 8.100(a)(1).) The notice of appeal must be accompanied by the filing fee and deposit or either an application for a waiver of court fees and costs or an order granting a waiver. (Rule 8.100(b).) If the appellant fails to pay the filing fee, the clerk must notify the appellant that the fee must be paid within 15 days or file an application for waiver of the fee. If the appellant fails to pay the fee, the appeal may be dismissed, but the dismissal may be vacated for good cause. (Rule 8.100(c) and (d).) After the notice of appeal is received by the clerk of the appellate court, a Civil Case Information Statement will be mailed to the appellant, and the Statement must be filed within 15 days after the Statement is mailed.

Further information about filing a notice of appeal can be found on the California Courts' website  (http://www.courts.ca.gov/12428.htm).

You will also find forms for filing a notice of appeal on the Courts' website (http://www.courts.ca.gov/8545.htm).

Forms and information for obtaining a fee waiver are found here: (http://www.courts.ca.gov/12425.htm).

Disclaimer:

By providing this information, we do not establish a lawyer-client relationship as this may not be proper in the Internet environment. We have attempted to employ our best efforts to present and maintain the information provided herein but do not warrant that the information is complete or accurate. We do not assume, and hereby disclaim, any liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause. The information contained herein is not to be used as a basis for advice to clients or applied to any particular matters. Counsel should be consulted directly as to the current law applicable to particular situations. We therefore issue a general disclaimer but encourage you to seek direct legal advice.