CALIFORNIA CIVIL LITIGATION
APPEALS
© 2005 by Thomson Delmar
Learning. All Rights Reserved.
1
RIGHT TO APPEAL—
any “aggrieved party” may appeal the
judgment to the appellate court.
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STATE COURT APPEALS
Unlimited civil judgments appealed to
Court of Appeal
Limited civil judgments appealed to
Superior Court Appellate Department
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FEDERAL JUDGMENTS
Appealed to District Court of Appeals
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APPELLATE COURT MAY:
 Reverse judgment
 Modify judgment
 Affirm judgment
 Remand to lower court with instructions
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STANDARDS OF REVIEW
 Substantial evidence
 Abuse of discretion
 Independent judgment
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TIMING OF THE APPEAL
The judgment is not stayed pending
appeal!
The judgment can be enforced on entry!
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STAY OF EXECUTION
PENDING APPEAL
File bond with clerk, either
surety bond 11/2x amount of
judgment
or
cash 2x amount of judgment
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JUDGMENT
Valid for 10 years
Can be renewed for 10 years
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APPEAL PROCESS
Notice of appeal
Notice of cross-appeal
Preparation of Record
Briefing
Hearing
Decision
Petition to highest court
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NOTICE OF APPEAL
DEADLINES
Are “jurisdictional”:
court loses power to rule if not timely
filed!
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APPEAL PROCESS
STATE COURT
Unlimited Civil Cases
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NOTICE OF APPEAL
Filed with clerk with fee within:
60 days of service of Notice of Entry
by clerk
or
60 days of service of Notice of Entry
by a party
or
180 days of entry of judgment
13
Filing deadlines not extended 5 days for
mailing!
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NOTICE OF CROSS-APPEAL
Filing deadlines within:
15 days of service of Notice of Entry by
clerk
or
15 days of service of Notice of Entry by a
party
or
180 days of entry of judgment
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Clerk serves notice of appeal on parties.
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NOTICE OF CROSS-APPEAL
Due within 20 days of service of notice of
appeal by clerk
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PREPARING THE RECORD
Clerk’s Transcript
Reporter’s Transcript
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CLERK’S TRANSCRIPT
OPTIONS
 Rule 5 election
 Rule 5.1 election
 Rule 5.2 election
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APPELLATE BRIEFS
Appellant’s Opening Brief
Respondent’s Brief
Appellant's Reply
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BRIEFING RULES
Typeset/typed
Word limits/certification
Tables authorities and contents
Bound on left in colors
New caption, appellate case number
Proof of service on parties, trial judge,
supreme court
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BRIEFING CONTENT
Statement of case
Statement of facts
stipulated statement
agreed statement
Argument
Cited to record
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OPENING BRIEF DUE
 Rule 5 election:
30 days from filing record
 Rule 5.1 election:
70 days from election
 Rule 5.2 election
set by trial judge
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RESPONDENT’S BRIEF DUE:
30 days after filing opening brief
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REPLY DUE:
20 days after filing respondent's brief
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HEARING
 Clerk notifies parties of hearing
 Parties may decline oral argument
 Court has jurisdiction to decide for 90
days after hearing
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PETITION TO STATE SUPREME
COURT
 Petition for discretionary review briefed
 If granted, case is briefed again on
merits
 Decision is final unless federal question
or issue
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APPEAL PROCESS
STATE COURT
Limited Civil Cases
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PROCEDURE SAME AS
UNLIMINTED CIVIL CASES
EXCEPT:
 30-day limit for notice of intent
 Opening brief due 20 days from filing
record
 Respondent's brief due 20 days from
filing opening brief
 Reply due 10 days later
 Preparation of record similar
 Briefs same but bound at top
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APPEAL PROCESS
FEDERAL COURT
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GOVERNED BY
FRAP
and
local rules!
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FEDERAL APPELLATE
PROCESS
 Notice of Appeal
 Request to prepare reporter's transcript
 Augmenting transcript
 Clerk’s transcript
 Briefing
 Hearing
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PREPARING RECORD
 Notice portion of record ordered and
issues on appeal
 Respondent may request more
 Clerk prepares clerk’s transcript
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APPELLATE BRIEFS
 Similar to state briefs
 Caption and copies specified in local
rules
 Page limits (50-50-25)
 Opening brief states subject matter
jurisdiction and status of judgment
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BRIEFING DEADLINES
Opening brief:
40th day after record filed
Respondent's brief:
30 days after opening
Reply:
14 days after respondent
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PETITION TO U.S.
SUPREME COURT
 Discretionary review (“certiorari”)
 If granted, briefed again on merits
 Decision is final
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SUMMARY
Jurisdictional Deadlines,
Precise Rules
PREVIEW
Provisional Remedies and
Extraordinary Writs
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