Appeals

What is an Appeal?

An appeal is a review of a trial court's decision by the appellate division of the Superior Court or by a District Court of Appeal. Generally, the appeal must be based on errors of law. An appeal is not a retrial, and you will not be permitted to introduce new evidence. You may not appeal on behalf of another, e.g., a friend, a spouse, a child, or other relative (unless you are a legally appointed guardian). The party that files an appeal is known as the appellant, and the opposing parties are the respondents.

Filing a Notice of Appeal

The first step in an appeal is filing the written Notice of Appeal. This notice tells the other parties in the case and the court that you are appealing a decision of the trial court. The Notice of Appeal must be filed with the Appeals Unit within the filing deadline. For felonies, the Notice of Appeal must be filed within 60 calendar days after the judgment (usually the date of sentencing), and for misdemeanors or infractions, the Notice of Appeal must be filed within 30 days. For more information on appeals, review the California Rules of Court.

The Notice of Appeal may be written on pleading paper or can be made by completing the form specific to your type of appeal. Forms can be found on the court Forms page.

Filing Fees

The court's Fees page provides information regarding filing fees and court costs.

Designation of Transcripts

When an appeal is filed, the Sacramento Superior Court will prepare an official record of the proceedings for review by the appellate court. The California Rules of Court specify the record that must be prepared; however, if the trial judge has granted a request for additional items to be included, those will also be prepared.

Clerk's Transcript

The Clerk's Transcript is a compilation of the documents filed in the trial court, including those required by the California Rules of Court.

Reporter's Transcript

A Reporter's Transcript is a written record (often called the verbatim record) of the oral proceedings in the trial court. A reporter's transcript is not required, but is usually necessary. In felony and death penalty appeals, the Reporter's Transcript will include those hearing dates required by the California Rules of Court.

Briefs

A brief is a party's written description of the facts in the case, the relevant law, and the party's argument. The brief must clearly explain, using references to the Clerk's and Reporter's Transcripts, the claimed legal errors in the trial court proceedings. Each brief must contain a table of contents and a table of authorities. There is also a limit on brief length. The preparation and filing of briefs are governed by the California Rules of Court and the Sacramento Superior Court Local Rules, Chapter 11. After the record is filed in the appellate court, you will receive a notice telling you when to file your brief. Read the notice carefully for directions on length and service. The appellant's failure to file an opening brief may result in a dismissal of the appeal.

Hearings

When the record is filed in the appellate court, you will receive notice of the time for oral argument. This hearing will be set far enough in advance to allow time to get all briefs filed. The Sacramento Superior Court's Appellate Division hears Traffic, Unlawful Detainer, Limited Civil, and Misdemeanor appeals. Hearings are held on the 3rd Friday of the month in the Presiding Appellate Judge's courtroom and are heard by a panel of judges.

You may appear at oral argument or give up your right to argue your case at a hearing. If you give up the right, you should contact the appellate department in writing and tell the court you are submitting the appeal on the briefs and the record. If you attend the hearing, you cannot present witnesses or evidence. The judges will have read your briefs and the record, so this time in open court would be to argue important points to the court. After the hearing, you will be informed by mail of the decision.

Appellate Hearing Calendars

The Appellate Division Calendar lists the matters scheduled for hearing on the Sacramento Superior Court's Appellate Calendar.

To view matters being heard by the 3^rd District Court of Appeal, visit: Court of Appeal

For more information on appeals, review the California Rules of Court at the Judicial Branch of California website.

Civil, Felony, Misdemeanor, Traffic, and Unlawful Detainer

Civil, Misdemeanor, and Felony appeals are filed on the 2^nd floor of the Tani Cantil-Sakauye Sacramento County Courthouse.

Traffic and Unlawful Detainer appeals are filed at the Carol Miller Justice Center, and after all requirements are met, the appeal is transferred to the Tani Cantil-Sakauye Sacramento County Courthouse for filing of briefs and appellate hearings.

Family Law and Probate

The unit responsible for the filing of appeals in Family Law and Probate matters is located in Room 102 on the first floor of the William R. Ridgeway Family Relations Courthouse. You must obtain a service ticket from the Information Desk for services.

Juvenile Dependency

The unit responsible for the filing of appeals in Juvenile Dependency matters is located on the first floor of the Juvenile Courthouse. Hours: 8:30 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Closed from 12 p.m. to 1 p.m., Monday through Friday (excluding court holidays).

Juvenile Justice

The unit responsible for the filing of appeals in Juvenile Justice matters is located on the first floor of the Juvenile Courthouse. Hours: 8:30 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Closed from 12 p.m. to 1 p.m., Monday through Friday (excluding court holidays).

Small Claims

A Small Claims appeal is a “Trial de Novo” or “new trial.” This means that the case is decided by a new judicial officer from the beginning, so the parties have to present their case all over again. Parties are allowed to bring a lawyer to represent them at the new trial. Appeals in Small Claims can be filed at the Carol Miller Justice Center by using the Notice of Filing Appeal (SC-140). Please read the information on the back of the judgment mailed to you from the court. Free assistance is available to help you with your Small Claims case through the Small Claims Advisory Clinic.