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Appeal or pay | California Courts | Self Help Guide
If the case is about a car accident in California, the DMV can suspend your driver’s license.
You must tell the other side about what you earn and own
Fill out and mail the other side a Judgment Debtor’s Statement of Assets (form SC-133).  
This tells the other side what you earn and own that could be used to pay them. If you don't send this within 30 days, the other side could ask the court to make you pay a fine.

Small claims
What's next?

If you don't appeal, vacate, or pay after 30 days, the other side can start to try to collect money from you by asking for it to be taken out of your paycheck or bank account. There are things you can to to protect some or all of your money if they do try.

If you can't pay what you owe
 Learn about ways the other side may try to collect the money and what you can do to protect some or all of your money
 

Appeal the decision
 Learn how to appeal the judge's decision and get a new trial
 

Ask the judge to vacate the decision
 Learn how to ask for the court to vacate (cancel) the judge's decision and get a new trial
 

 

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Information on Appeal Procedures for Misdemeanors | California Courts | Self Help Guide


Information on Appeal Procedures for Misdemeanors | California Courts | Self Help Guide

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    Information on Appeal Procedures for Misdemeanors (CR-131-INFO)

Explains how to appeal the trial court's decision in a misdemeanor case.

 

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Effective: September 1, 2020

View CR-131-INFO Information on Appeal Procedures for Misdemeanors form

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Respondent’s Brief – California Appellate Courts
Cases are commonly dismissed without a full trial in two ways: demurrer or summary judgment. If there was no trial in your case, you should consider doing legal research or talking to a lawyer to get help preparing your Statement of Facts. 
Here are some general considerations for an appeal of these common types of dismissals.
Demurrer
A demurrer ruling is an order but by statute it may be appealed. The order must say the case is dismissed. The Court of Appeal usually only looks at the complaint and assumes all the factual allegations are true in order to rule on whether the complaint states a cause of action. The Statement of Facts in the respondent’s brief should include facts that support the trial court’s demurrer ruling and facts as stated in the complaint.
Summary judgment
A trial court’s ruling granting summary judgment is an order. A party seeking to appeal the ruling must first get a judgment based on that ruling. The facts are taken from the evidence before the trial court at the time of its ruling. A common issue for appeal is whether the trial court was correct that there was no genuine dispute as to material facts that must be resolved at a trial.
 
 Can I include new information or new evidence in my brief? No. An appeal is not a new trial. You cannot introduce new information, new evidence, or new witnesses during the appeal process. The Court of Appeal will only consider what’s included in the record on appeal.
 
 Can I include confidential information in a brief? No. Briefs are generally filed publicly, and publicly filed documents must not disclose confidential or sealed material.
If you need to refer to confidential or sealed material in your brief, please carefully review the procedure described here in CRC 8.46(f) and CRC 8.47.
 
 How do I put things in the record on appeal for the Court of Appeal to review? Learn how to designate – or choose – materials from the trial court record to send the Court of Appeal.
 
 How do I reference sources from the record on appeal? For every event or fact about the case that you include in your brief, you must provide an exact location and page number where the court can find it in the record on appeal.
Additional Filings – California Appellate Courts
what material you want the court to take judicial notice of
why the matter to be noticed is relevant to the issues on appeal
whether the matter was presented to the trial court
whether the trial court took judicial notice of the matter
whether the matter relates to proceedings that occurred after the order or judgment that is being appealed

If the trial court did not take judicial notice of the matter, you must also explain why the matter is subject to judicial notice pursuant to Evidence Code section 452, 452, or 453.
If the matter to be noticed is not in the record, you must also attach a copy of it (or explain why you cannot attach a copy). Note: The Court of Appeal generally will not take judicial notice of matters that were not presented to the trial court.
A motion for judicial notice is also commonly used to ask the Court of Appeal to recognize the legislative history of a statute, which may not have been presented to the trial court but is relevant to the case on appeal. When the legislature enacts or amends a statute, there are documents that go along with that. Examples of legislative history documents include different versions of a bill before it becomes a law, and committee reports or analyses of a statute.
If you want the court to take judicial notice of legislative history documents, your motion must identify each document as a separate exhibit and provide legal authority supporting the consideration of each document.
Read California Rule of Court 8.52 (a)
 
 Motion to Augment the Record (Optional for Appellant and Respondent) After the parties receive their copies of the record, sometimes they find item(s) are missing from the clerk’s transcript or the reporter’s transcript. If this happens because the parties made an error – either they forgot to include item(s) in their designation or did not realize they would need them – it can be corrected by filing a motion to augment the record.
Any party in the appeal can file a motion to augment the record in order to add item(s) from the trial court record to the record on appeal. Only item(s) that were filed or lodged in the trial court, or transcripts that are part of the oral proceedings in the trial court, can be added to the record on appeal.
Respondent’s Brief – California Appellate Courts
Even if the appellant proves the trial court made a legal mistake, the respondent can argue that the mistake did not cause enough harm or “prejudice” for there to be a retrial or a reversal of the judgment.

Include legal authorities that prove the trial court was right (required)
The respondent’s argument must include a reference to a legal authority for every statement of law arguing why the appellant’s argument is wrong and the trial court’s decision is right.
A legal authority can be a case decision, statute, rule of court, book written about the law, constitutional provision, or legal treatise. The respondent must explain how the legal authority applies to the facts in the case. It’s generally easier for the respondent to find legal authorities that support their side of the case and harder for the appellant.
The respondent also carefully reviews the appellant’s legal authorities, checking to see if they’re approved legal authorities and if the appellant has correctly used the legal authorities. If there are problems with the appellant’s legal authorities, the respondent can discuss those problems in the argument.

Discuss the standard of review (optional)
The standard of review is the rules or guidelines the Court of Appeal uses to decide whether the trial court made a mistake. Different kinds of legal issues are reviewed by different rules. The court requires an appellant to include a standard of review for each legal issue in the opening brief.
The respondent should consider the standard of review chosen by the appellant. If the respondent agrees with the standard of review, then there’s no need to discuss it in the argument. If the respondent disagrees with the standard of review, or if the appellant did not include a standard of review, then the respondent can discuss the problem in the argument.

Make additional arguments against the appeal (optional)
The appellant will only make legal arguments that support their side of the appeal. After addressing the legal issues in the appellant’s opening brief, the respondent’s argument can include additional legal issues that support the respondent’s side of the appeal.
The respondent can add as many issues as desired.
Appeal a traffic ticket decision | California Courts | Self Help Guide
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Appeal a traffic ticket decision
If you lost at a traffic ticket trial (you were found guilty), it's possible to appeal the decision. Appeal means asking a higher court (an appellate court) to review the decision. It's not a new trial. 

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Basics of traffic court appeals
An appeal means a review for legal errors that changed the outcome
A traffic appeal means you ask a higher court (an appellate court) to review a final decision in your traffic court trial. In almost all cases, the appellate court only considers if the judge made a legal error in your trial. And, if there was an error if it affected the final decision. The appellate court only reverses the judge's decision from your trial if the error was so important it changed the outcome.
An appeal is not a new trial or a chance to present new evidence. You can't present your case again or bring in new evidence or witnesses.
Glossary – California Appellate Courts
The rules of court determine if a case should be filed with the Court of Appeal or with the Appellate Division of the Trial Court.Appealable orderA court order or judgment that meets the legal requirements to appeal. The court has rules about which decisions can be appealed. There are also strict deadlines to file an appeal.AppellantThe person that appeals a court’s decision to a higher court.Appellant’s Opening BriefThe first brief written by the appellant. It must clearly explain what the appellant claims were the legal errors made by the trial court, and why those errors are so important that the trial court’s decision should be changed.Appellant’s Reply BriefThe appellant files this brief in response to the respondent’s brief. It is limited to issues already raised in the appellant’s opening brief (AOB) or in the respondent’s brief.Appellate CourtAn Appellate Court, also called a Court of Appeal, is a court with the authority to review decisions of a lower court to determine if a mistake of law occurred. The California Supreme Court has the authority to review Appellate Court decisions.AppendixAn appendix is a document prepared by a party (or parties) and used in place of a clerk’s transcript (see definition of clerk’s transcript). An appendix must follow California Rule of Court, 8.124.ApplicationA document filed with the court to give the court more information, make a request of the court, or ask the court for permission to do something.ARB(Appellant’s Reply Brief) The brief filed in response to the respondent’s brief. It is limited to issues already raised in the appellant’s opening brief (AOB) or added in the respondent’s brief.Archivo de primera instanciaIncluye todos los documentos de un caso, en orden cronológico, tal como los archivó el secretario de la corte de primera instancia.ArgumentAn opportunity for a party to describe the legal issues from their side of the case.Argumentos y autoridadesDocumento donde se indican todos los argumentos jurídicos de una parte y se utilizan autoridades legales, como leyes y jurisprudencia, para sustentar esos argumentos.
Appellant’s Opening Brief – California Appellate Courts
The trial judge misapplied or misinterpreted statutory, common law (case decisions), or constitutional law.
The trial judge erred in sustaining a demurrer to the appellant’s complaint because the complaint legally states a cause of action.
The trial judge erred in granting summary judgment because there are material, disputed facts that require a trial.
The trial judge or jury made a mathematical or other error in computing the amount of damages.
The trial judge erred in awarding costs or attorney’s fees.
The findings of the trial judge do not support the decision.
The evidence is legally insufficient to support the findings or to support the judgment judgment.

 
 How is the Statement of Facts prepared if there was no trial? The statement of facts in an appeal brief will be different if the case was dismissed without a full trial.
Cases are commonly dismissed without a full trial in two ways: demurrer or summary judgment. If there was no trial in your case, you should consider doing legal research or talking to a lawyer to get help preparing your Statement of Facts. 
Here are some general considerations for an appeal of these common types of dismissals.
Demurrer
A demurrer ruling is an order but by statute it may be appealed. The order must say the case is dismissed. The Court of Appeal usually only looks at the complaint and assumes all the factual allegations are true in order to rule on whether the complaint states a cause of action. The Statement of Facts in the respondent’s brief should include facts that support the trial court’s demurrer ruling and facts as stated in the complaint.
Summary judgment
A trial court’s ruling granting summary judgment is an order. A party seeking to appeal the ruling must first get a judgment based on that ruling. The facts are taken from the evidence before the trial court at the time of its ruling. A common issue for appeal is whether the trial court was correct that there was no genuine dispute as to material facts that must be resolved at a trial.
 
 What is the standard of review? The Court of Appeal’s job is to determine if the trial court followed the law and how to resolve any issues if the trial court did not follow the law.
California Rules of Court: Title Eight Rules
Appeal from order granting relief by writ of habeas corpus

Article 2. Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings
Rule 8.390. Application
Rule 8.391. Qualifications and appointment of counsel by the Court of Appeal
Rule 8.392. Filing the appeal; certificate of appealability
Rule 8.393. Time to appeal
Rule 8.394. Stay of execution on appeal
Rule 8.395. Record on appeal
Rule 8.396. Briefs by parties and amici curiae
Rule 8.397. Claim of ineffective assistance of trial counsel not raised in the superior court
Rule 8.398. Finality

Chapter 5. Juvenile Appeals and Writs

Article 1. General provisions
Rule 8.400. Application
Rule 8.401. Confidentiality

Article 2. Appeals
Rule 8.403. Right to appointment of appellate counsel and prerequisites for appeal
Rule 8.404. Stay pending appeal
Rule 8.405. Filing the appeal
Rule 8.406. Time to appeal
Rule 8.407. Record on appeal
Rule 8.408. Record in multiple appeals in the same case
Rule 8.409. Preparing and sending the record
Rule 8.410. Augmenting and correcting the record in the reviewing court 
Rule 8.411. Abandoning the appeal
Rule 8.412. Briefs by parties and amici curiae
Rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule
Rule 8.417. Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction

Article 3. Writs
Rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26
Rule 8.452.
Appellant’s Opening Brief – California Appellate Courts
A party seeking to appeal the ruling must first get a judgment based on that ruling. The facts are taken from the evidence before the trial court at the time of its ruling. A common issue for appeal is whether the trial court was correct that there was no genuine dispute as to material facts that must be resolved at a trial.
 
 What is the standard of review? The Court of Appeal’s job is to determine if the trial court followed the law and how to resolve any issues if the trial court did not follow the law. To do this, the court uses a process that’s called the “standard of review.” These are basic guidelines to help the court evaluate the appellant’s argument.
The standard of review is different for each legal issue. The three most common standards of review are:

De novo standard. In de novo review, the Court of Appeal does not defer to the decisions made in the trial court. Instead the Court of Appeal looks at the issue as if the trial court had never ruled on it. This type of review is generally limited to issues involving questions of law. It is the most favorable standard of review for an appellant.

Abuse of discretion. During a trial, the judge uses his or her discretion to decide on many things. This includes whether or not to allow discovery, admit evidence, issue restraining orders, award damages, and more. When an appellant argues that “abuse of discretion” applies in the case, they must prove that the trial judge’s decision “exceeded the bounds of reason.” Since the Court of Appeal generally defers to the trial court’s exercise of discretion, this type of appeal is difficult to win.

Substantial evidence. This standard is used when an appellant is arguing against the factual findings of a judge or jury after a trial. The Court of Appeal reviews the record and decides whether a reasonable fact-finder could have come to the same conclusion as the trial court. The Court of Appeal does not decide whether it would have reached the same factual conclusions as the judge or jury. This kind of appeal is difficult to win because it argues that the trial court did not consider or understand all the evidence, believed the wrong witnesses, or failed to properly weigh the evidence.
Appeals | Superior Court of California | County of Tuolumne
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 Misdemeanor cases review Document CR-131-INFO (Information on Appeal Procedures for Misdemeanors)
Felony
Timelines to Appeal:
A Notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.
To learn more you should read Title 8 of the California Rules of Court, Rules 8.300 – 8.368, which set forth the governing codes on the procedures for felony cases.
Forms:
Criminal forms on the California Courts website
Any Judicial Council form can be obtained at any courthouse, county law library, or on-line.
Limited Civil
Limited Civil (Disputes involving $25,000.00 or less – includes unlawful detainers.) 
Timeline to Appeal:
Rule 8.822.
(a) Normal time
(1)Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be filed on or before the earliest of:
(A)30 days after the trial court clerk mails 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 mailed;
(B)30 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)90 days after the entry of judgment.
(2)Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.
Designating the Record – California Appellate Courts
Otherwise, the Court of Appeal may conclude the record on appeal is not adequate and may reject the appellant’s claim.
 
 How do I serve a document to other parties? The court requires each party to tell the other parties in the case when they file documents in the appeal. The court calls this “serving notice.”
Who to serve. If there is more than one other party in the case, each party must be served with a copy of the document.
If the other party has a lawyer, then the document is served to the lawyer. If the other party does not have a lawyer, then the document is served to the other party.
How to serve. There are three ways to serve a document: by mail, in person, or electronically. Anyone can be served by mail or in person, but a recipient must agree to be served electronically.
The court has rules about who can serve a document. The appellant may serve a document electronically. But if the document is mailed or personally delivered, it must be done by a person who is over 18 and not a party to the case.
Proof of service. A party must give the court proof that the other parties were served with a copy of the document. All parties are encouraged to use court form APP-009 (delivery by mail or in person) or form APP-009E (electronic delivery) for proof of service. This form tells the court who served the document, who was served, how the document was served, and the date the document was served.
A party must give the court one proof of service form for each document that is delivered. All sections of the form must be completed and signed by the person who serves notice. Learn more about proof of service
Get a blank proof of service form APP-009 (mail or in person)
Get a blank proof of service form APP-009e (electronic)
Get instructions for the proof of service form
Get detailed proof of service information from the California Courts
 
 Can I serve the notice of appeal form and the notice designating the record on appeal form at the same time?