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Additional Filings – California Appellate Courts
Additional Filings – California Appellate Courts

 

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4. Additional Filings
During an appeal, all parties file documents with the trial court and the Court of Appeal. These documents contain information that the courts need to process the appeal, to get information about the trial court case, and to make a decision on the appeal.
You are required to file some documents. Other documents are only filed when you need to give the court more information or ask the court to do something that is not a routine part of every appeal.
Many documents have similar names but very different purposes with the court. This can be confusing. If you are not sure whether you need to file a form or another type of document, or if you have questions about documents filed with either the trial court or the Court of Appeal, you can always contact the court clerk.
Choose a type of court filing to learn more
Forms – including forms that must be filed before your brief 
Motions & other filings – including motions to augment the record and motions to dismiss or reinstate the appeal 
Designating the Record on Appeal
FORMS
During the appeal process there are many forms to file with the courts. The deadlines for these forms start as soon as the appellant files a notice of appeal.
It is very important for all parties in an appeal to know what forms they must complete and when. There may be additional required forms to fill out if the Court of Appeal in your district has a Mediation Program.
It is also very important to know where to file each form. Some forms are filed in the trial court and some forms are filed in the Court of Appeal.
Appeals | Superior Court of California | County of Tuolumne
Unlimited civil also includes probate, family law, and adoptions.
Timeline to Appeal:
Rule 8.104.
(a) Normal time
(1)Unless a statute or rule 8.108 provides otherwise, a notice of appeal must be filed on or before the earliest of:
(A)60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served;
(B)60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, accompanied by proof of service; or
(C)180 days after entry of judgment.
To learn more you should read Title 8 of the California Rules of Court, Rules 8.100 - 8.278, which set forth the governing codes on the procedures for unlimited civil cases.
Forms:
Appeals forms on the California Courts website
Any Judicial Council form can be obtained at any courthouse, county law library, or on-line. To obtain detailed information for the process of appeals on Unlimited Civil cases review Document APP-001-INFO (Information on Appeal Procedures for Limited Civil Cases)
Fee Schedule 
Small Claims
Small claims appeals are not filed in the appeals department. They are filed with the civil division of the Superior Court where the small claims action was initially filed.
Timeline to Appeal:
Small claims appeals are filed within 30 days after the judge made a decision/judgment. If the decision/judgment was mailed, the party has 30 days from the date the decision/judgment was mailed. The date will be reflected on the copy of the decision/judgment.
For a general guideline on the process of small claims appeals and how to appeal a decision/judgment, go to the California Courts Self-Help Center website.
Fee Schedule
Juvenile Delinquency Appeals
Timelines to Appeal:
You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed.
Remittitur – California Appellate Courts
If there is a petition for rehearing and the Court of Appeal agrees to hear the case again, the court issues a remittitur following the rehearing.
If there is a petition for review, the Court of Appeal immediately issues a remittitur after the California Supreme Court denies a petition for review or when the California Supreme Court issues a remittitur after it has reviewed and decided the case.
Additional Hearings in the Trial Court
Even though the appeal process is complete, the trial court may be required to hold additional hearings to carry out the Court of Appeal’s decision.
If this happens, the trial court will provide instructions to the parties about their requirements and responsibilities.
How Cost Reimbursement Works
The remittitur tells the parties if anyone is eligible to have some or all of their appeal costs reimbursed. This is usually the winning party, who is also called the prevailing party.
If you lost in the Court of Appeal
The court may order you to pay some or all of the prevailing party’s appeal costs. You will be expected to pay the costs even if you had a fee waiver for your own expenses during the trial or appeal.
If you won in the Court of Appeal
A prevailing party who has the right to ask for cost reimbursement must file a memorandum of costs with the trial court.
The deadline to file a memorandum of costs is within 40 days of the date the court sends a copy of the remittitur.
A party who requests reimbursement of costs must use court form APP-013, Memorandum of Costs on Appeal. The form lists costs by category – for example, filing fees or copying expenses. Note: this form must be served before it can be filed with the trial court.

Get a blank memorandum of costs on appeal form APP-013
What Happens Next
The appeal is complete after the Court of Appeal issues a remittitur. All parties are expected to follow the court’s instructions, and to do everything the decision requires them to do – for example, pay damages or pay appeal costs.
Moving forward, the trial court handles the case and enforces the decision of the Court of Appeal.
The Superior Court of California - County of Ventura - Appeals
For appeals from Superior Court, consult Rules 8.100 through 8.224 of the California Rules of Court, as well as the rules of the Appellate Court in which 
 the appeal is to be filed.
You must be careful filing papers since the time lines for filing and processing an appeal are strictly enforced. A party who fails to comply with the time 
 lines may be "defaulted" at any time during the appeals process, and may lose the right to appeal as a result.
Fees for filing
The fee for filing an appeal from a limited civil case (those within the jurisdiction of the former municipal court) decision is $225.00. The fee for filing 
 an appeal on a Superior Court decision is $370.00. The clerks have forms for filing some appeals, but others must be self drafted. Guidebooks are available 
 in the law library.
Time limit for filing
On a decision in a limited civil case, the notice of appeal must be filed within 30 days after mailing or personal service of the notice of entry of judgment. 
 If a Notice has not been mailed or personally served, the appeal period is 90 days from the entry of judgment by the court.
On a decision of the Superior Court, the notice of appeal must be filed within 60 days after the mailing or personal service of the entry of judgment. 
 If a Notice has not been mailed or personally served, the appeal period is 180 days from the entry of judgment by the court.
Permission to file late is rarely given. Filing of a notice of appeal does not stop enforcement of the judgment. You must still comply with all terms and 
 conditions of the court order. Sometimes it may be possible to post a bond to stay (stop) the enforcement of a judgment for money while an appeal is pending.

For frequently asked questions about Appeals, visit our FAQs page.


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Tentative Rulings | Superior Court of California | County of Tulare
(3) the length of the continuance requested; 
(4) the availability of alternative means to address the problem that gave rise to the motion or application for a continuance; 
(5) the prejudice that parties or witnesses will suffer as a result of the continuance; 
(6) if the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; 
(7) the court’s calendar and the impact of granting a continuance on other pending trials; 
(8) whether trial counsel is engaged in another trial; 
(9) whether all parties have stipulated to a continuance; 
(10) whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and 
(11) any other fact or circumstance relevant to the fair determination of the motion or application.  (Cal. Rules of Court, rule 3.1332(d).)
Here, the Court notes that Defendant has provided a basis for good cause as to the relatively recently filed case by Plaintiff Rivera, Case No. PCU306657, under (c)(5) above. 
However, Rule 3.1332(d)(6) indicates that the Court should consider whether the case is entitled to preferential trial setting. 
On that issue, the Court notes Code of Civil Procedure section 36(a) states
“(a) A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(1) The party has a substantial interest in the action as a whole.
(2) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.”
Further, subsection (c) states:
“(c) Unless the court otherwise orders:
(1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
Respondent’s Brief – California Appellate Courts
In some situations, the respondent may be able to ask the appellant to pay attorney fees.
Note that no new arguments or issues should be addressed in the conclusion.
 
 Certificate of Compliance or Word Count (required) There are rules about how long a brief can be. Each brief must include a Certificate of Compliance saying that it is within the maximum length allowed by the court.

Briefs prepared on a typewriter cannot be more than 50 pages.
Briefs prepared on a computer cannot be more than 14,000 words. The word count includes footnotes, but it does not include the cover, the Certificate of Interested Entities or Persons, the Tables of Contents and Authorities, the Certificate of Compliance, any signature block, proof of service forms, or any attachments.
The respondent can attach a maximum of 10 pages of documents to the end of the brief.
If needed, a respondent can ask the Court of Appeal to allow a longer brief. The respondent would file an “Application to File an Oversized Brief” with the Court of Appeal and serve a copy of the application to all other parties in the case. There is no court form for this application so the respondent types the application on a piece of paper.
The respondent must provide what the court calls “good cause” – which means a good reason – to file an oversized brief. The court may or may not say yes to the request.
Read California Rules of Court 8.204(c) to learn more about the length limitations for briefs
 
 Proof of Service (required) Always check with your Court of Appeal to confirm the specific service requirements in your case.
Generally, you must serve a copy of the respondent’s brief to all parties in the case, to the trial court judge, and to the Supreme Court of California BEFORE it can be filed with the Court of Appeal.

If the other party has a lawyer, then the brief is served to the lawyer. If the other party does not have a lawyer, then the brief is served to the other party.
There are rules about who can serve a brief and how it can be served.
The respondent must give the Court of Appeal proof that all of the required copies were delivered.
Respondent’s Brief – California Appellate Courts
If the respondent’s brief is not filed by the deadline, the Court of Appeal will mail a notice that the brief must be filed within 15 days.
During this 15-day timeframe, the respondent may file an application for an extension of time. The Court of Appeal may grant an extension if it finds there is a good reason.
If the respondent does not file a brief or request an extension to file within the 15-day timeframe, the appeal will be decided without the respondent’s brief.
 
 What if I need more time/an extension to file my brief? If you need more time to file your brief, you can agree – or “stipulate” – with the other parties to extend the deadline up to a maximum of 60 days. An extension or stipulation must be filed in the Court of Appeal before the date the brief is due. Stipulations must be signed by all parties and served to all parties.
Note: The parties cannot stipulate to extend the time if the court has already granted an extension to file the brief.
If a party needs more time to file and has already stipulated to 60 days or if the parties are unable to agree to an extension, a motion or application for extension of time may be filed with the Court of Appeal. The court may or may not grant the extension for more time.
Get a blank form APP-006 application for extension of time to file a brief 
Get a blank form APP-012 stipulation for extension of time to file a brief 
 
 What if my brief is rejected? If a respondent’s brief is incomplete or does not follow the formatting rules, the Court of Appeal may decline to file it.
If the brief only requires minor corrections, the court clerk may contact the respondent and ask for permission to make the minor corrections. The court may also return the brief to the respondent for corrections and changes.
After making corrections it is generally necessary to prepare a new document. The new revised brief must be served again on all the parties and filed again with the Court of Appeal.
The Court of Appeal will review a revised respondent’s brief and decide how to proceed:
Respondent’s Brief – California Appellate Courts
That means the Court of Appeal will make a decision without hearing your side of the case. If you lose, the Court of Appeal may change or reverse the trial court’s decision. You will have to do what the Court of Appeal says, and you may lose benefits you received in the original judgment or order being appealed.
 
 How many briefs can a respondent write? The respondent only writes one brief. The appellant must write the first or opening brief, then the respondent can write a respondent’s brief. If the respondent writes a brief, then the appellant can write a final brief called a reply brief.
The law says that the Court of Appeal must assume the trial court decision was correct unless the appellant proves there was an error, which means the law favors the respondent. So the law gives the appellant an opportunity to write a second brief to address the arguments made in the respondent’s brief. This is because the appellant has the burden of showing the Court of Appeal that the trial court made a mistake.
The appellant cannot make new legal arguments in the reply brief, so there is nothing new in the reply brief that the respondent needs to address.
 
 Where can I get help writing my brief? Form APP-001 has full instructions on appeal procedures, including what needs to be in a brief.
Each Court of Appeal has self-help resources online. You can also contact your local Court of Appeal to see if they have a self-help center at the court.
You can visit a law library to do legal research.
The California Courts website has a lot of information about lawyers and legal help.
If you need help finding a lawyer, the California Bar Association website can connect you to lawyer referral service in your area.
 
 What legal arguments can the appellant make in an appeal? Here are some common legal arguments made by the appellant:

The trial judge erroneously admitted evidence over objection, and the inadmissible evidence prejudiced the appellant’s
The trial judge erroneously refused to admit relevant evidence and that prejudiced the appellant’s
The jury instructions were legally
The trial judge misinterpreted the parties’ contract that was in
Respondent’s Brief – California Appellate Courts
Here is a list of procedural facts to include in the Statement of the Case:

filing of the complaint
who sued whom and for what
rulings on any motions or hearings related to issues the appellant is asking the Court of Appeal to review
a description of orders related to issues the appellant is asking the Court of Appeal to review
the judgment entered
damages awarded

What the respondent needs to consider. The appellant’s opening brief must include a Statement of the Case. The respondent should carefully review the appellant’s version to be sure it’s correct. The appellant’s Statement of the Case may not include or may misrepresent procedural facts that would support the trial court’s decision.
If the respondent totally agrees with the appellant’s version, then they are not required to include a Statement of the Case in the respondent’s brief. The respondent can simply include a heading for Statement of the Case in the brief and write a sentence that says they agree with the appellant’s Statement of the Case.
However most respondents do include a Statement of the Case to tell their side of the case in a way that supports the judgment or appealable order.
 
 Statement of Facts (optional) What’s in this section. The Statement of Facts gives “historical facts” or evidence admitted in the trial court about what happened before there was a lawsuit. Every historical fact in the brief must be supported with a reference to the source and page number where the fact can be found in the record on appeal.
The Statement of Facts should only include “significant facts,” meaning facts that are related to the legal issue or issues the appellant discusses in the appeal.
No new facts or evidence can be introduced in the Statement of Facts. The Statement of Facts can only mention facts or evidence presented in the trial court and included in the record on appeal.
What the respondent needs to consider. The appellant’s opening brief is required to include a Statement of Facts. The respondent should carefully review the appellant’s version to be sure it’s correct. The appellant’s Statement of Facts may not include or may misrepresent historical facts that would support the trial court’s decision.
Self-Help Small Claims | Superior Court of California | County of Tuolumne
Requests must be made at least 10 days prior to the court date. Failure to appear at trial or make arrangements for postponement could result in dismissal of the case (if plaintiff fails to appear), or entry of default judgment (if defendant fails to appear.) There is a fee to reschedule the hearing date.

Appealing the Judgment

Only a defendant may file an appeal. However, if the defendant files a Defendant's Claim, the plaintiff may file an appeal as to that claim only. The appeal must be filed in the clerk’s office within 30 days after the court’s denial of the motion to vacate judgment was mailed. There is a filing fee for an appeal.

Collection of Judgment

A judgment is good for 10 years. If payment is not received on the judgment in the time specified by the judge, there are many options available to collect. Forms for these actions are available in the clerk’s office and must be filed with the court:
Writ of Execution – A writ is an order to the sheriff to collect money from the defendant’s paycheck or bank account. There is a fee for issuance of the writ.
Abstract of Judgment – An abstract places a lien on any real property the defendant might own. The abstract is filed with the county clerk in the county where the property is located. There is a fee for issuance of the abstract.
Judgment Debtor Hearing – The hearing allows the plaintiff to question the defendant as to where the defendant works and banks and what types of property the defendant owns. After obtaining the information, a Writ of Execution may be obtained from the clerk’s office and taken to the sheriff’s office for enforcement of the writ. There is a fee for the hearing.
Suggested number of copies of forms:
Writ(s): Original plus 4 copies
Order of Examination: Original plus 3 copies
Abstract: Original plus 1 copy
Note: Verify that all pages of forms are copied.

Interpreter

Litigates must notify the court in advance if they require the assistance of an interpreter. Click HERE to go to the Interpreter Information page.

Tips for Small Claims Litigants
California Rules of Court: Title Eight Rules


California Rules of Court: Title Eight Rules

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2024 California Rules of Court
Rule 8.902. Time to appeal(a)	Normal time
A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment.
(b)	Cross-appeal
If the defendant or the People timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 30 days after the trial court clerk sends notification of the first appeal, whichever is later.
(Subd (b) amended effective January 1, 2016.)(c)	Premature notice of appeal
A notice of appeal filed before the judgment is rendered or the order is made is premature, but the appellate division may treat the notice as filed immediately after the rendition of the judgment or the making of the order.
(d)	Late notice of appeal
The trial court clerk must mark a late notice of appeal "Received [date] but not filed" and notify the party that the notice was not filed because it was late.
Rule 8.902 amended effective January 1, 2016; adopted effective January 1, 2009; previously amended effective July 1, 2010.Advisory Committee CommentSubdivision (d). See rule 8.817(b)(5) for provisions concerning the timeliness of documents mailed by inmates or patients from custodial institutions.

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