vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Additional Filings – California Appellate Courts
Notice of Omission (Optional for Appellant and Respondent to correct the record) After the parties designate the record, sometimes they find items are missing from the clerk’s transcript or the reporter’s transcript. If this happens because the trial court clerk made an error and did not include item(s) in the record on appeal that the parties designated in the record, it can be corrected by filing a notice of omission.
This document is filed in the trial court. A notice of omission asks that the missing item(s) be copied and sent to the Court of Appeal. You must serve a copy of the notice of omission to the Court of Appeal and all parties in the appeal or their lawyers.
Note: If you have a copy of the omitted item(s), it may be faster and cheaper to file a motion to augment the record in the Court of Appeal and just attach the document instead of filing a notice of omission with the trial court.
Read California Rule of Court 8.155 (c)
 
 Motion for Relief from Default (Appellant or Respondent may file) If a party fails to do something on time – for example, does not pay a fee or file a brief – the Court of Appeal sends a notice of default to the party. A notice of default gives the party 15 days to correct the mistake. If the party misses the deadline to do what the court asks them to do, the party can file a motion for relief from default showing good cause for the relief. This document is filed in the Court of Appeal.
Read California Rule of Court 8.60 and 8.63
 
 Request to Reinstate an Appeal After Dismissal (Appellant files) If the Court of Appeal issues an order to dismiss the appeal, in some cases an appellant can challenge the decision by filing a request to reinstate the appeal.
A request to reinstate an appeal asks the Court of Appeal to reinstate the case and resume hearing the appeal. If the court grants the request, the appeal continues from the step in the appeal process where the court issued a dismissal order (the appeal does not start again from the beginning).
When can I file a request to reinstate an appeal after dismissal?
Board of Veterans' Appeals
Five year workload trend
What options do Veterans and appellants have to reduce the time they have to wait for a decision?
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Who and What is the Board of Veterans’ Appeals?

On July 28, 1933, President Franklin D. Roosevelt created the Board of Veterans’ Appeals (Board) by Executive Order 6230, Veterans Regulation No. 2(a). The Board was delegated the authority to render the final decisions on appeal for the Administrator (now Secretary) and was directly responsible to the Administrator (Secretary). The Board was charged “to provide every possible assistance” to claimants and to take final action that would “be fair to the Veteran as well as the Government.” The Board continues to meet this charge. Learn more »

Appeals

How do I file an appeal?
If you are dissatisfied or disagree with a VA decision, you have the right to file an appeal with the Board of Veterans’ Appeals. The Board will review the evidence presented and issue a decision.
Learn more about the appeals process or start your appeal on line
How do I find the status of my appeal?
You can find the status of your appeal from the “Check your claim or appeal status” web page then following the guidance listed there. You can also call 1-800-827-1000.
When will your appeal be decided?
As a general matter, the Board is required by law to review appeals in docket order. However, the Board may advance an appeal on the docket (AOD) if the appellant demonstrates unusual hardship such as serious illness, severe financial hardship, or other sufficient cause. Additional information on AOD status is located under Customer Service.
Petition for Review – California Appellate Courts
The parties file briefs and then present oral arguments. During review, the parties can only address the issues selected by the California Supreme Court.
The petitioner must file a brief within 30 days after the court agrees to review the case. This can be an opening brief or respondent’s brief that the party filed in the Court of Appeal. The other side then has 30 days to file an answer or a copy of the brief they filed in the Court of Appeal. An optional petitioner’s reply brief must filed within 20 days of the answer.
 
 What can the court decide? After reviewing the case, the California Supreme Court can affirm, reverse, or modify the Court of Appeal’s judgment.
The Supreme Court may also hear the case but send it back to the Court of Appeal with instructions. The Supreme Court may or may not make a decision, and the decision may or may not address all of the issues in the appeal.
Either way, the Supreme Court will remand (send) the case back to the Court of Appeal with instructions. The Supreme Court can order the Court of Appeal to take action, like rehear the case or decide any remaining issues. 
 
 When is a Supreme Court decision final? A California Supreme Court decision is generally final 30 days after it is filed, but there are some exceptions. When the Supreme Court decision becomes final, the court issues a remittitur and sends the remittitur to the Court of Appeal to follow up with the parties in the case.
 

What Happens Next
When the California Supreme Court or Court of Appeal opinion becomes final, the court issues a remittitur. Learn more about remittitur
Additional Resources
Read the court’s full requirements about what information to include in a petition for review, an answer to the petition, and a reply to the answer
Learn more about petition for review on the California Supreme Court website
Read the full California Rules of Court about court decisions
Read the full California Rules of Court about petitions for review
Listen to oral arguments made before the California Supreme Court
Watch oral arguments made before the California Supreme Court
Visit TrueFiling™, the court’s online filing system
Common Questions:
Civil Self Help Services: Sacramento Superior Court

Rape as defined in paragraph (2) or (6) of subdivision (a) of 
	PC 261 - external link or paragraph (1) or (4) of subdivision (a)
	 	of PC 262
Lewd acts on a child under 14 years of age, as defined in 
	 	PC 288 - external link
Any felony punishable by death or imprisonment in the state prison for life
Any sex offense requiring registration pursuant to 
	 	PC 290 - external link
Escape from a secure perimeter within the previous 10 years
Arson


 	There is no administrative cost assessed to file for dismissal under this code.
 	

How Much Does it Cost to File the Petition?


	 	There is no filing fee.

Forms

Before You File

 	Before you complete your petition, you will need the following information:

Case Number
Date of conviction
Code section of the conviction (e.g. Penal Code 459.5)
Description of the code section (e.g. Shoplifting)
County where you were convicted (must be Sacramento County to file here)


 	If you are going to request that the court waive the administrative costs, you may also need:

Recent paystubs or other documens for source of income
Bank statements
Real estate / mortgage statement
Vehicle loan statement
Information regarding your monthly expenses

Complete a petition packet for each case you want to dismiss in Sacramento County.

Expungement / Dismissal Information and Petition Packet
Attached Declaration - external link (if necessary)
 	see "Relief in the Interest of Justice" section below for more information.


 	For help with completing the forms, refer to the Expungement/Dismissal Self-Help Guide
 	and/or the Administrative Cost Waiver Self-Help Guide
Relief in the Interest of Justice

 	If you are petitioning for relief in the interest of justice (you checked box 2c, 3b, 4c, 5*, or 6c on the Petition for Dismissal form), you must explain how granting dismissal
 	is in the interest of justice. An attached declaration explains how you have changed your life since the conviction, and the
 	negative impact the conviction has had on you. Use
Glossary – California Appellate Courts
Por lo general, las pruebas incluyen interrogatorios, tomas de declaración testimonial, solicitudes de admisión de pruebas, pedidos de producción de documentos u otras pruebas.Proof of ServiceThe form filed with the court that proves that court papers were formally served on (delivered to) a party in a court action on a certain date. Under the court's mandatory electronic filing, the Proof of Service will be the last page of your electronic filing. Alternatively, for a fee, you may use TrueFilingTM as your process server in lieu of producing your own Proof of Service.PrórrogaUna parte puede solicitar una prórroga para que la corte le permita tomarse más tiempo para hacer algo, p. ej., presentar un escrito después de vencido el plazo para hacerlo.PruebaDocumento u objeto formalmente presentado ante la corte como prueba en una causa.RB(Respondent’s brief) The other side's chance to respond to the appellant's opening brief. It explains explain why the lower court's decision should not be changed.RecordThe pleadings, the exhibits, and the transcript made by the court reporter of all proceedings in a trial.Record on appealThe parts of the whole trial court record that are sent to the Court of Appeal for review. The parties must choose materials from the trial court record to include in the record on appeal.Recurso de reconsideraciónSolicitud para que la Corte de Apelaciones revea su decisión. Cualquiera de las partes puede presentar un recurso de reconsideración si consideran que la Corte de Apelaciones incurrió en un error de derecho en su decisión.Recurso de revisiónSolicitud para que la Corte Suprema de California revise el caso.
Respondent’s Brief – California Appellate Courts
For example, say you want to tell the court a fact about the case that’s on page one of the clerk’s transcript. Here’s what you would write in the brief: “Appellant filed a civil complaint on January 3, 2018. (CT 1)”
If there is more than one volume of the clerk’s transcript or reporter’s transcript, you’ll need to write the volume number, then CT or RT, and then the page number. For example: (1 CT 3), (2 RT 150).
If there is more than one augmented clerk’s transcript, also include the transcript by date. For example: (1/3/18 Aug CT 2).
 
 What are common mistakes in briefs? Here is a list of common mistakes made in briefs:

not citing the record on appeal (giving the court the exact place in the record to look) for a fact that you put in your brief
including information and sources that are not in the record on appeal
not citing the law (giving the court the name and place in a published court decision, statute, or other law) for what you say is the law in your brief
using improper citations that are not legal authorities, like a blog post or an unpublished court decision
improper or unprofessional tone (don’t use curse words or say bad things about people)
not proofreading (the brief has typos and other obvious errors)
not clearly telling the court what you want

 
 What are the formatting rules for briefs? Briefs filed on paper and briefs filed electronically must follow the formatting instructions in California Rule of Court 8.40 and California Rule of Court 8.204.
If you e-file, you must follow additional formatting rules. Be sure to review the general Court of Appeal instructions for electronically filed documents (pdf). You also need to check with your Court of Appeal to find out if your court has any special requirements.
 
 Can I include attachments or exhibits with my brief? Attachments should only be included with a brief if they are absolutely necessary. Improper attachments can cause a brief not to be filed, or to be rejected and returned for corrections.
Appeals | Superior Court of California | County of Tulare
If no request for correction is filed within the time allowed, the clerk shall certify the record as correct. Please refer to the California Rules of Court for specific time requirements.
Transmission and Filing of Record: Once all fees have been paid and the record has been certified as correct, the clerk will transmit the record to the reviewing court.
Hearing: Upon receipt of the record from the trial court, the appellate clerk shall set the matter for hearing and notice all parties.
Opinion: Upon a decision by the appellate panel, an opinion will issue and be mailed to each party. If no objections to the opinion are filed, the remittitur shall issue. If no written opinion is issued by the court, a Notice of Decision will be mailed. 
At the appeal hearing, each party will be provided with a limited time to explain why the trial court proceedings were or were not in error (called oral argument). At the conclusion of oral argument, the panel will announce a decision or may take the matter under submission. If taken under submission, a written ruling will be prepared and mailed to you, usually within 30 days of the appeal hearing.
Misdemeanor Cases
Appeals in most misdemeanor criminal cases are heard in the Appellate Division of the Superior Court. The procedures for presenting an appeal are contained in the California Rules of Court (rule 8.850 and following). An appeal is not a new trial. The appellate panel will not re-hear the presentation of evidence.
The time for filing an appeal is limited. You must act promptly. In misdemeanor cases a Notice of Appeal must be filed within thirty (30) days after the judgment or order appealed from (See CRC 8.853(a).)
Instructions and further information are contained in the Judicial Council Form CR-131-INFO Information on Appeal Procedures for Misdemeanors. The required form for Notice of Appeal is Form CR-132- Notice of Appeal (Misdemeanor). These forms are available through the clerk's office and from the California Courts web site.
Once all of the documents required to support the appeal have been filed, the appeal will be set for hearing before the appellate panel.
Glossary – California Appellate Courts
La exención de la corte debe solicitarse utilizando un formulario judicial que se presenta ante la corte de primera instancia y la Corte de Apelaciones.ExhibitA document or object formally presented to the court as evidence in a case.ExpedienteEscritos, pruebas y transcripción realizada por el taquígrafo de la corte de todo el proceso judicial.Expediente de apelaciónLas partes del expediente judicial completo que se envían a la Corte de Apelaciones para su revisión. Las partes deben seleccionar los materiales del expediente de la corte de primera instancia para incluir en el expediente de apelación.Expediente de primera instanciaEs el registro oficial de todo lo sucedido durante un procedimiento. Incluye todos los materiales y documentos presentados ante la corte de primera instancia.Exposición de los hechosDeclaración escrita u oral de los hechos de un caso.ExtensionA party may request an extension to get permission from the court to take additional time to do something, like file a brief after the court deadline.FechadoDocumento que lleva el sello de la corte con la fecha de presentación.Fee waiverA waiver from the court that says you do not have to pay some or all court fees because you cannot afford to pay. You must use a court form to apply for a fee waiver in the trial court and the Court of Appeal.File-stampedA document stamped by the court with the date of filing.Filing feesThe amount of money a party must pay to file certain documents with the court.Findings of factWhen there is disagreement about the facts of a case, the judge or jury determines what the facts are by making findings of fact.
Appeals Timeline – California Appellate Courts


Appeals Timeline – California Appellate Courts

 

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Introduction
Step by Step

Appealable Order
Notice of Appeal
Designating the Record
Additional Filings
Appellant’s Opening Brief
Respondent’s Brief
Reply Brief
Oral Argument
Court Opinion
Petition for Review
Remittitur

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Appeals Timeline

A typical appeal goes through the following steps.

Highlight all
Appellant
Respondent
Court

STEP 1APPEALABLE ORDER
Is entered in the Superior Court
By the CA Rules of Court
Before an appeal can start

STEP 2NOTICE OF APPEAL
Is filed in the Superior Court
By the Appellant
Generally in 60 days but could be up to 180 days

STEP 3DESIGNATING THE RECORD
Is submitted to the Superior Court
By Both Parties
Deadline is different for each party

STEP 4ADDITIONAL FILINGS 
Are submitted to the Court of Appeal
By Both Parties
Deadline is different for each filing

STEP 5OPENING BRIEF
Is submitted to the Court of Appeal
By the Appellant
Within 40 or 70 days

STEP 6RESPONDENT’S BRIEF
Is submitted to the Court of Appeal
By the Respondent
Within 30 days after the appellant files an opening brief

STEP 7REPLY BRIEF
Is submitted to the Court of Appeal
By the Appellant
Within 20 days after the respondent files a brief

STEP 8ORAL ARGUMENT
Is held in the Court of Appeal
By Both Parties
As Scheduled by the Court of Appeal

STEP 9COURT OPINION
Is issued by the Court of Appeal
By the Court of Appeal
Within 90 days after the case is submitted

STEP 10PETITION FOR REHEARING
Is submitted to the Court of Appeal
By any party
Within 15 days after the Court of Appeal files an opinion

STEP 11PETITION FOR REVIEW
Is filed in the Supreme Court
By any party
Within 10 days after the Court of Appeal’s decision becomes final

STEP 12REMITTITUR
Is sent to the Superior Court
By the Court of Appeal
Generally 61 days after the Court of Appeal files an opinion, but some cases are different

 

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Designating the Record – California Appellate Courts
If you forget something when you designate the record on appeal, it is possible to add materials later by filing a motion to augment the record.
A motion to augment the record is a request to the Court of Appeal to add new material to the record on appeal because you forgot to designate it or did not know at the time that you would need to. If the court grants your motion to augment the record, you may have to pay additional costs to add the material(s). This is especially true if you want to include an additional reporter’s transcript.
Each item you want to add must be part of the trial court record. If the Court of Appeal grants the motion, the item(s) in the motion will be added to the record for the Court of Appeal to review.
Check with your Court of Appeal about their rules for providing a missing item. Some Courts of Appeal request that you submit the missing item and motion as two separate documents.
If you do not have a copy of the missing item, you may not be required to attach the item to the motion when you file it with the Court of Appeal. You may be able to request that the Court of Appeal order the trial court to provide and prepare the documents. Learn more.
 
 What happens if I make a mistake or miss the deadline to designate/pay for the record on appeal? The trial court will send a notice of default if either party makes a mistake or fails to do what the California Rules of Court say to do. This can happen if a party misses the deadline to designate or pay for the record on appeal.
The party that did something wrong has 15 days from the date the notice of default was mailed to fix the problem. If the party does not fix the problem within the 15 days, the trial court will notify the Court of Appeal.
If the appellant is the party that did not fix the problem, the Court of Appeal may dismiss the appeal.
If the respondent is the party that did not fix the problem, the appeal may go forward on the appellant’s brief and the record on appeal.
 
 What happens if I don’t receive my copy of the record on appeal?
Petition for Review – California Appellate Courts
You cannot ask the court to refer to your brief or other documents in the record on appeal. However, you can ask the court to refer to another petition for review in your case. You can also ask the court to refer to another a petition for review in a different case, on the same issue, that the court has agreed to review.
Say if a petition for rehearing was filed in the Court of Appeal and, if so, how the Court of Appeal ruled.

When writing a petition for review, keep in mind the reasons why the court reviews a case.
Remember, the petition for review should focus on the issues of the case. The petition for review should not focus on the history of what happened in the trial court or the Court of Appeal.
 
 Attachments to Include with the Petition for Review The court has strict rules about attachments with a petition for review.

Attachments that must be included

a copy of the Court of Appeal order or opinion
any order modifying or changing the court’s opinion
an order for publication of the opinion

Attachments that can be included but are not required

exhibits or orders from the trial court or Court of Appeal if they are especially significant to the case
copies of relevant local, state, or federal regulations, or rules, out-of-state statutes, or other similar legal authorities that are not easily available to the justices

Attachments are placed after the petition for review document and before proof of service.
Serving a Petition for Review
You must serve a copy of the petition for review to all parties in the case, the trial court, and the Court of Appeal BEFORE the petition for review can be filed in the California Supreme Court.
If there are problems with the proof of service a party files in the Supreme Court, the court will give a party 5 days to serve and file corrected proof of service. If the party does not file corrected proof of service, the Supreme Court may dismiss the petition.
Learn how to serve the petition for review
Special Filing Instructions for a Petition for Review
The party who files a petition for review must give the California Supreme Court paper copies of the petition, even if they electronically file (e-file).
If filing on paper, the petitioner must give the Supreme Court an original petition for review plus 13 copies.