vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Appeals: Sacramento Superior Court

Generally, the appeal must be based on an argument that a legal 
 error was made by the trial court.

 An appeal is not a retrial. You will not be 
 permitted to introduce new evidence, and the 
 appellate court - external link will not reassess conflicting evidence.

 You may not appeal on behalf of a friend, a 
 spouse, a child, or other relative (unless you are a legally appointed guardian).

 The party who files the appeal is called the appellant. 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 before the filing deadline. For example, the Notice of Appeal in a 
 felony case must be filed within 60 calendar days after sentencing [CRC 8.308]. 
 To find the filing deadline for your case, see the
 
 California Rules of Court, Rules 8.1-8.1125 - external link.

 The Notice of Appeal may be written on pleading 
 paper or can be made by completing the form specific to your type of appeal. 
 Below are links to the more commonly used forms.
Local Forms


 Notice of Appeal (Limited Civil Case) (CV\E-MU-17)

Judicial Council Forms


 Civil Appeal (Unlimited Civil) (APP-002)
Civil Appeal (Small Claims)
 	

	Small Claims Notice of Filing Notice of Appeal (trial de novo) (SC-140) 

	Proof of Service (SC-104) 

	Proof of Mailing (Substituted Service) (SC-104A) 

	What is Proof of Service? (SC-104B) 

Civil Appeal (Unlawful Detainer (Landlord/Tenant))
 	

	Information on Appeal Procedures for Limited Civil Cases (APP-101-INFO) 

 	Notice of Appeal/Cross-Appeal (Limited Civil Case) (APP-102) 

	Information Sheet on Waiver of Superior Court Fees and Costs (FW-001-INFO) 

	Request to Waive Court Fees (FW-001)
After the eviction trial decision | California Courts | Self Help Guide
An appeal is a request for a higher court to review the judge’s decision because you think the judge didn’t follow the law. See more information on Civil Appeals. 

 

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The Superior Court of California - County of Ventura - Appeals
It is not wise to wait until the last day because if your papers need correction, or an emergency arises for you and you cannot get to court, you may lose your right 
 to appeal by not filing within 30 days. No additional time is given for personal emergencies or because your papers are rejected at the filing counter.
Cost for filing an appeal
An $75.00 fee is charged for filing an appeal. A waiver of the fee may be requested by those who cannot afford to pay. An appeal is filed in the appellate department 
 of the Superior Court. Costs for filing the appeal may be awarded to the party who wins the case on appeal at the discretion of the Superior Court Judge hearing the trial 
 de novo. Once an appeal is filed the Court will send notice of the hearing on the new trial to all parties.
Changing the trial or hearing date
If you must change a hearing date or trial date, you need to send a written request to the court stating the reasons for the requested change. Any communication to 
 the court regarding your case must be sent to the other side. Therefore, when you write to the court, make sure you send to the other side a copy of your letter or 
 document you intend to file with the court.

Traffic Court Appeals

Traffic Citation Appeal
In an appeal, a higher court reviews the order or judgment of a lower court. Any party may appeal from an unfavorable decision based upon whether 
 there was enough evidence to support the judgment or whether errors of law were committed during or before trial which harmed the appealing party.
There is no fee for filing an appeal on traffic, criminal or juvenile court cases. Forms for traffic appeal are available from the clerkâs office 
 or on the Forms section of this web site.
On a decision in a limited civil case (those within the jurisdiction of the former municipal court), the notice of appeal must be filed within 30 
 days of the entry of judgment.
Parking Citation Appeal
After receiving a final decision of the issuing agency, you may contest that decision by filing local form VN225, Notice of Appeal Parking. The Notice of Appeal
Designating the Record – California Appellate Courts
Some Courts of Appeal may extend the 10-day deadline while determining if the case is eligible for mediation. If the case is deemed eligible for mediation, the court can delay the deadline to designate the record on appeal pending the result of mediation. Contact the clerk in the appellate department of your trial court if there’s a question about the deadline.

The Difference Between the Trial Court Record and the Record on Appeal
The trial court record is the official file of everything that happened during a case. This includes all of the materials and documents that were filed in the trial court. Here are some examples:

administrative proceedings
evidence
exhibits
initial pleadings
judgments
minutes
motions
orders
transcripts of oral proceedings (testimony)
written decisions

The record on appeal is the part of the whole trial court record that is 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.
Because an appeal is not a new trial, no one can add anything to the record on appeal that is not already included in the trial court record.
Why the Record on Appeal is So Important
It’s critical to understand a few things about the record on appeal:

Anything designated in the record on appeal can be examined and considered by the Court of Appeal. That means any party can use it to support their arguments in the appeal. That also means the court may consider any materials designated in the record when it decides the appeal.
Anything not designated in the record on appeal cannot be examined and considered by the Court of Appeal. The Court of Appeal will not know it exists. That means no party can use it to support their arguments in the appeal.
The Court of Appeal may reject any argument raised by an appellant if the court concludes the appellant has not provided an adequate record to evaluate the argument.

Deciding What to Include in The Record on Appeal
Think of the record on appeal as a package you are sending to the Court of Appeal.
In this package, you and the other parties want to include everything that relates to the issue(s) being appealed.
Contesting a Traffic Ticket | Superior Court of California | County of Alameda
The fine will be taken from the bail and the remaining amount will be refunded.
What if I do not appear at the trial time?
Your bail will be forfeited, and your driving record will show a conviction.
What if I need to change my trial date?
If it becomes necessary to change your court date, you may do so only once. Your request must be made at least ten court days prior to your trial date to secure a new date. There will be NO EXCEPTIONS to the minimum 10-day requirement.
Can I set a court date for a relative?
No.
Can I appear in court for a relative?
You can appear for a relative for the limited purpose of informing the court why that relative is not available to appear on the court date set. The court has discretion whether or not to accept the excuse and set a new date.

3. How Do I Appeal a Judgment?
Appeals
If you disagree with the Court's ruling, you have the right to an appeal. An appeal is not a retrial. New evidence such as testimony and exhibits are not given to the appellate court; it sees only what evidence was given to the trial court. An appeal is a legal procedure used to ask the court to reconsider a court decision. If you feel the judge has made a legal error in the decision, then you may file an appeal. The papers must be completed and filed with the Clerk's Office at the location where the case was heard, within 30 days of the court decision or within 30 days of the mailing of judgement. There is no charge to file an appeal.
Proposed Statement of Appeal 
You must prepare what is called a Proposed Statement of Appeal. This statement must be filed within 15 days from the date the Notice of Appeal was filed with the Court. Along with the testimony and evidence, the statement must contain your legal reason for the appeal. The statement may also be filed at the same time as the Notice of Appeal form.
Filing an appeal does not stay execution of the sentence unless a judicial officer orders a stay.
Contesting a Traffic Ticket | Superior Court of California | County of Alameda
Proposed Statement of Appeal 
You must prepare what is called a Proposed Statement of Appeal. This statement must be filed within 15 days from the date the Notice of Appeal was filed with the Court. Along with the testimony and evidence, the statement must contain your legal reason for the appeal. The statement may also be filed at the same time as the Notice of Appeal form.
Filing an appeal does not stay execution of the sentence unless a judicial officer orders a stay. Be aware that the fine and any orders by the Court must be paid/complied to the Court by the due date.
A Hearing to Settle Statement on Appeal is scheduled. The judicial officer who made the decision on your case will usually conduct the hearing. You and the judicial officer will discuss the Engrossed Statement on Appeal, a document that will be forwarded to the Appellate Court.
You can pick up an appeal packet at the Traffic Division after the appeal has been filed. You will be scheduled for a hearing for a Settled Statement of Facts.
Instructions On Appeal Procedures for Infractions (PDF)
 Notice of Appeal of Oral Proceedings (Infraction) (PDF)
Proposed Statement On Appeal (Infraction) (PDF)
Order Concerning Appellant's Proposed Statement on Appeal (Infraction) (PDF)
Abandonment of Appeal (Infraction) (PDF)
The case is forwarded to the Appellate Department for a ruling. A decision or ruling takes up to three months. Sometimes the Court will require another court appearance to clarify your written statement. Information will be sent through the mail which includes all proceedings and rulings.

 

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Additional Filings – California Appellate Courts
The respondent does not file this form. 
What’s the purpose of this form? The Civil Case Information Statement includes basic information about the case. This information helps the court get started processing the appeal.
In form APP-004, the appellant must tell the court about:

the kind of case it is (for example, medical malpractice, real estate, or probate)
the judgment or order that is being appealed
important history and dates in the case
names and contact information for all the parties and lawyers in the case
any bankruptcy or court-ordered stay affecting the appeal

Form APP-004 should only include a quick summary of the trial court case to help the Court of Appeal start the appeal.
Form APP-004 should not include the arguments and legal issues of the appeal. The appellant presents their arguments and legal issues in the briefs.

Where do I get this form? The Civil Case Information Statement form APP-004 is available at the court or online.
Where do I file this form? The Civil Case Information Statement is filed with the Court of Appeal.
What’s the deadline? The appellant must file this form within 15 days after the trial court mails a confirmation that the notice of appeal was filed. The 15 days start counting on the day the court mails confirmation, not the day the appellant receives confirmation.
Note: Form APP-004 must be served on all the other parties in the case BEFORE it can be filed with the court.
What happens if I miss the deadline? If the appellant does not file a completed Civil Case Information Statement within 15 days, the Court of Appeal will issue a notice of default. The court will give the appellant 15 additional days to file or correct the form. If the appellant does not do what the court says, the court can require the appellant to pay a fine or the court can permanently dismiss the appeal.
Are there special serving and filing instructions? Yes. The appellant must include two attachments when serving form APP-004 to other parties and filing the form with the Court of Appeal:

a copy of the judgment or order that is being appealed
and
Notice of Appeal – California Appellate Courts
To cross-appeal, a party must file a notice of appeal within either the regular time for filing a notice of appeal or within 20 days after the trial court clerk mails notice of the first appeal, whichever is later.
 
 How do I get a fee waiver? During an appeal there are fees in both the trial court and the Court of Appeal.
If you are an appellant and you want to request that your court fees be waived, you must have a fee waiver from both courts.
You must complete two fee waiver forms FW-001 – one for the trial court and one for the Court of Appeal. You will give both forms to the trial court at the same time you file a notice of appeal.
If your request is approved, the courts will generally waive most but not all fees.
Note: If you already have a fee waiver from the trial court, it could still be valid when you file your notice of appeal. Fee waivers expire 60 days after the trial court’s judgment. Please check with your trial court and ask if you need to submit a new fee waiver application.
Learn more about how to qualify and what fees can be waived
Read the California Court’s information sheet on fee waivers
Get a blank fee waiver form FW-001
Get instructions for how to fill out the fee waiver form FW-001
 
 What happens if I don’t pay the notice of appeal filing fees? If you do not pay the filing fees or if your check bounces, the Court of Appeal will send a notice that you have 15 days to pay the fees or have them waived.
If you apply for a fee waiver but the Court of Appeal denies the request, the court will send a notice that you have 15 days to pay the filing fees.
If you do not pay the filing fees or ask for a fee waiver within 15 days, the Court of Appeal may dismiss the appeal.
 
 Are there other legal options besides an appeal? There may be other legal options to help a person address what you feel went wrong in your trial. It may be possible to offer a motion or request to ask the trial court to cancel or reconsider the judge or jury’s decision.
Designating the Record – California Appellate Courts
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? You can contact the trial court clerk if you do not receive your copy of the record on appeal within 120 days after filing notice designating the record. 
Some trial courts keep case dockets online where you can track what’s happening with your case. Case dockets list all the actions in a case, including the status of processing the record on appeal. You can contact the trial court to ask about online access. You can also look for a “Search Case Information” section on your trial court’s website.
 
 How do I know if my case is a limited civil case and an unlimited civil case? Generally, there are two types of civil cases:

Unlimited civil cases – family law cases, probate cases, temporary restraining orders, and cases involving an amount of money over $25,000.
Limited civil cases – all other cases, including cases involving an amount of money less than $25,000.

Appeals in unlimited civil cases are decided in a Court of Appeal. Appeals in limited civil cases are decided in the appellate division of a superior court.
The information in this resource is only for unlimited civil cases. For information about appeals in limited civil cases, visit or call the appellate division of the superior court in your case. You can find your superior court online here
 
 How do I get a fee waiver? During an appeal, there are fees in both the trial court and the Court of Appeal. If you want your fees waived in both courts, you must have a fee waiver in both courts.
The rules for fee waivers are different for each party. Learn more
 
 Where can I get legal help? 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.
Additional Filings – California Appellate Courts
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?
You cannot file a request to reinstate an appeal if the dismissal order is based on a non-appealable order or an untimely appeal. If your appeal was dismissed for one of these reasons, you may be able to file a petition for rehearing.
You can file a request to reinstate an appeal if the dismissal order is based on a procedural default where you did not fix what the court asked you to do. Here are examples of procedural defaults:

failure to pay the Court of Appeal filing fee or provide a fee waiver application
failure to properly designate the record on appeal
failure to pay for the record on appeal
failure to file a Civil Case Information Statement
failure to file a brief
failure to file an appellant’s mediation statement (Note: this default is only valid in the 3rd District Court of Appeal)

A request to reinstate an appeal based on a procedural default is asking the Court of Appeal to give you another chance to fix what you previously failed to do.
What is the deadline to file a request to reinstate the appeal? A party should file a request to reinstate the appeal as soon as possible after the Court of Appeal files a dismissal order.
Check with your Court of Appeal to find out what the deadline is to file a request to reinstate the appeal in your case. The Court of Appeal only has jurisdiction – or legal authority – over a case for 30 days after the dismissal order. The Court of Appeal cannot extend the time to file a motion to reinstate your appeal.
The request to reinstate the appeal must be served to all parties in the case, and the trial court BEFORE it is filed in the Court of Appeal.
The Superior Court of California - County of Ventura - Appeals
Only the defendant, or a plaintiff who was counter sued as a cross-defendant and lost on the cross-complaint, can appeal a small claims case. A plaintiff cannot file an 
 appeal. The defendant or cross-defendant must have been present at the time of trial in order to appeal the decision.
Any of the parties may choose to have an attorney represent him, her or it at the trial de novo. Unlike in regular superior court cases, an attorney is not required to 
 represent a corporation at a trial de novo.
When there are multiple defendants, and an appeal is filed by one of them, the entire case as to all the parties will be tried again at the trial de novo.
If you want to file an appeal, you must take care in filing the necessary papers within the proper time. Time limitations 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.
Time for filing appeal
An appeal must be filed within 30 days of the date of mailing the Notice of Entry of Judgment. After 30 days the time to file an appeal has expired, and there is no 
 more right to appeal. To calculate the due date, do not count the day of mailing, but count 30 calendar days beginning the day after the date shown as the mailing date 
 on the Notice of Entry of Judgment. The appeal must be filed no later than the 30th day. If the 30th day falls on a weekend or a court holiday, your papers are due the 
 next court day.
It is not wise to wait until the last day because if your papers need correction, or an emergency arises for you and you cannot get to court, you may lose your right 
 to appeal by not filing within 30 days. No additional time is given for personal emergencies or because your papers are rejected at the filing counter.
Cost for filing an appeal
An $75.00 fee is charged for filing an appeal. A waiver of the fee may be requested by those who cannot afford to pay. An appeal is filed in the appellate department 
 of the Superior Court.