vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Guide to civil appeals | California Courts | Self Help Guide
Guide to civil appeals | California Courts | Self Help Guide

 Skip to main content
 

 Judicial Branch of California

Supreme Court

Courts of Appeal

Superior Courts

Judicial Council

 California Courts | Self Help Guide

 

 

Type of Case

CARE Act

Child Custody

Child support

Civil Lawsuits

Conservatorship

Divorce

Eviction

Guardianship

Name Change

Parentage

Restraining Order

Small Claims

Traffic

Wills and estates

Court Information

Court basics

Your day in court

Request an interpreter

Services at court

Find court forms

Fee Waivers

 
Español

 

 

Previous Page

Index: All Pages

Guide to civil appeals
This guide has general information about civil appeals, including:
Appellate court basics (which court hears the case and how they decide)
Your options other than appealing 
Overview of the steps to appeal

 
Find resources
To appeal, you'll need to use many more resources.
 
Get more resources

PRINT

EMAIL

 

Enter your email

 We'll only use this email to send this link
 

TEXT

 

Enter your mobile number 

Ten digit mobile number starting with the area code (e.g. 4158654200)
 

Select your mobile carrier
Select your mobile carrierBoost MobileCricket WirelessAlltelGoogle FiMetroPCSAT&TRepublic WirelessSprintT-MobileVerizonU.S. CellularVirgin Mobile

 We'll only use this mobile number to send this link
 

This guide only has general information about unlimited and limited civil appeals. 
 It does not deal with felony or misdemeanor appeals, infraction appeals, or small claims appeals.
 

What is an appeal?
An appeal is when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court's decision
In almost all cases, the appellate court only looks at two things:
Whether a legal mistake was made in the trial court
Whether this mistake changed the final decision (called the "judgment") in the case
An appeal is not:
A new trial with witnesses or a jury
Reply Brief – California Appellate Courts
The appellant should spend the most time making a persuasive legal argument against the specific legal issues they identified in the respondent’s brief.
Outline of an Appellant’s Reply Brief
Here is an overview of each section in the appellant’s reply brief with a description of what it includes. All of the sections are required.
Choose a section to learn more

 Cover The cover of an appellant’s reply brief must include basic information:

the title of the brief (Appellant’s Reply Brief)
the case title, trial court case number, and Court of Appeal case number
the name of the trial court and the name of the trial court judge
the appellant’s name, mailing address, telephone number, fax number (if available), and e-mail address (if available)
if the appellant has a lawyer, the name and California State Bar number of each attorney helping to write the brief

If the appellant’s reply brief is filed on paper, the cover must be tan. The cover color rule does not apply to briefs filed electronically. 
See the full rules for a cover page CRC 8.40(c) and 8.204(b)(10)
 
 Table of Contents The Table of Contents is a list of all the sections in the brief. Each section title is listed in order by the page number.
The Table of Contents tells the Court of Appeal where to find information in the brief. A judge should be able to get a good overview of the appellant’s arguments by reading the Table of Contents.
 
 Table of Authorities The Table of Authorities is a list of all the legal authorities that the appellant discusses in the reply brief. Legal authorities are examples from the law that help prove a legal argument to the Court of Appeal.
The Table of Authorities is created when the brief is finished and all the page numbers are final. Each legal authority must include a page number where it can be found in the brief.
 
 Argument The argument is the most important part of the appellant’s reply brief.
There are strict rules about what the appellant can write about in the reply argument.
What to include This is what the appellant can do in the argument:
2nd District Court of Appeal - 2DCA
E-mail Us
Phone: (213) 830-7000 - (9:00-4:30)
Directions
Division 6
Court Place
200 East Santa Clara Street
Ventura, CA 93001
Phone: (805) 641-4700 - (9:00-4:30)
Directions

Court Holidays

  
  The California Courts are dedicated
  to ensuring that all qualified
  individuals with disabilities have
  equal and full access to the
  judicial system.  

                                          More >

Courts of Appeal

1st District Court of Appeal
2nd District Court of Appeal

Justices
Electronic Filing
Forms & Local Rules
Practices & Procedures
Calendars
Fees
Court Programs
Self Help Resources
California Judicial Mentor Program (Appellate)
Contact Us
About The 2nd District 

3rd District Court of Appeal
4th District Court of Appeal
5th District Court of Appeal
6th District Court of Appeal
Oral Argument Calendar
About the Courts of Appeal

Related Links

Appellate Compensation Claim Form

© 2024 Judicial Council of California

Site Map 
 | Careers 
 | Contact Us 
 | Accessibility 
 | Public Records 
 | Terms of Use 
 | Privacy 
 | Newsroom

Site Map 
 | Careers 
 | Contact Us 
 | Accessibility

 | Public Records 
 | Terms of Use 
 | Privacy

 | Newsroom

 	© 2024 Judicial Council of California
Glossary – California Appellate Courts
A mediation does not always result in agreement or a settlement.Minute orderAn order of the court recorded in the minutes, which is the official court record of what happened in the case.Moción o solicitudVehículo legal para pedirle a la corte que haga algo, o para pedir autorización para que una parte pueda hacer algo. En la Corte de Apelaciones, las mociones por lo general se utilizan para agregar algo al expediente o para notificarse de algo. La parte que objeta la moción puede presentar una oposición dentro de los 15 días desde el momento en que se presenta la moción, salvo que la corte establezca un plazo distinto. Por lo general las mociones son decididas por un único juez.Motion or applicationThe legal way to ask the court to do something or to allow a party to do something. In the appellate court, motions are most commonly used to augment (add to) the record, and take judicial notice. The party opposing the motion can file an opposition within 15 days from the time the motion is filed unless another time period is ordered by the court. The motion is usually ruled on by a single judge. Applications are used for more routine things, like requests for extension of time to file a brief. (CRC rules 8.50, 8.60, 8.63)NOA(Notice of Appeal) The document you serve and file to let the court and other parties in the case know you are appealing the lower court’s decision.Notice of AppealThe document you serve and file to let the court and other parties in the case know you are appealing the lower court’s decision.NotificaciónEntrega de documentos legales a la contraparte.Notificación y registroEl proceso de notificar (entregar una copia) de un documento judicial a una parte en un procedimiento judicial y presentar el documento original a la corte.
4th District Court of Appeal - 4DCA
The California Judicial Mentor Program (Appellate) seeks to demystify the application process and improve transparency and accessibility for all members of the legal community who are interested in serving on the appellate court.
For more information, please view here: California Judicial Mentor Program (Appellate)
May 19, 2022
The Fourth District Court of Appeal is seeking attorneys to represent inmates in death penalty-related habeas corpus proceedings.  View for more information regarding applying for an appointment.
News Archive

Case Information
The California Appellate Courts Case Information System provides case information for California Supreme Court and Court of Appeal cases. Case information is updated once an hour throughout the business day.

4th Appellate District Division 1 (Case number begins with D)
4th Appellate District Division 2 (Case number begins with E)
4th Appellate District Division 3 (Case number begins with G)

 

About Us
The 4th District is unique in that it is divided into three geographical divisions.

Division One is located in San Diego and primarily has jurisdiction over matters from Imperial and San Diego Counties.
Division Two is located in Riverside and primarily has jurisdiction over matters from Inyo, Riverside, and San Bernardino Counties.
Division Three is located in Santa Ana and primarily has jurisdiction over matters from Orange County

READ MORE >>
 

Case Information
Division 1 (Case Prefix D)
Division 2 (Case Prefix E)
Division 3 (Case Prefix G)

Webcasts
Division 1 Oral Argument
Division 2 Oral Argument
Division 3 Oral Argument

Quick Links

Civil Appeals
Court Holidays 
The California Court of Appeal Step by Step
Guidelines for E-Reporters Transcript
Rule 10.1014 of the California Rules of Court
Extern Program, Div. 1
Extern Program, Div. 3

TrueFiling Resources

How to Prepare Electronic Filings
TrueFiling Quick Start Guide
TrueFiling Support and Training
Guide to Creating Electronic Appellate Documents
Register for TrueFiling

Contact Info

4th District Div 1
 
 
 750 B Street, Suite 300
San Diego, CA 92101

Clerk's Office: (619) 744-0760
Respondent’s Brief – California Appellate Courts
If you want to request that the Court of Appeal waive your $390 filing fee, you must file a Request to Waive Court Fees form FW-001 with your first filing in the Court of Appeal. If you file a fee waiver form with your first filing, you will not have to pay any fees until the court makes a decision about your fee waiver application.
The Request to Waive Court Fees form FW-001 is available at the court or online.
Note: Form FW-001 is not served to other parties. It is only filed with the court.
Learn more about fee waivers
 

Vídeo: Preparing to File Your Brief, 5:09

Vídeo: What is a Brief?, 4:27

FORMSDocuments you will need for your case.

 

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

Introduction
Step by Step

1. Appealable Order
2. Notice of Appeal
3. Designating the Record
4. Additional Filings
5. Opening Brief
6. Respondent’s Brief
7. Reply Brief
8. Oral Argument
9. Court Opinion
10. Petition for Rehearing
11. Petition for Review
12. Remittitur

Forms
Videos
Glossary

Was this post helpful?

Let us know if you liked the post. That’s the only way we can improve.


	Yes	13 


	No	2 

Appeals Timeline
Prepare Documents
Knowledge Center
Search

© 
	


	2024
	

 Judicial Council of California
Disclaimer
Terms of Use
Privacy

 
Welcome to our new site. Please fill out this survey to help us better understand your experience with the site. Thank you for your help!
Home | District Courts of Appeal
California's appeals court is divided geographically into six districts.  The counties served are listed below each district. 

1st District Court of Appeal

We serve Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano, and Sonoma counties.

2nd District Court of Appeal

We serve Los Angeles, Ventura, San Luis Obispo, and Santa Barbara counties.

3rd District Court of Appeal

We serve Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yolo, and Yuba counties.

4th District Court of Appeal

We serve Imperial, Inyo, Orange, Riverside, San Bernardino, and San Diego counties.

5th District Court of Appeal

We serve Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne counties.

6th District Court of Appeal

We serve Monterey, San Benito, Santa Clara, and Santa Cruz counties.

Self-Help Resources

For those seeking to understand how the appellate process works, view the short video or connect with additional resources on the Courts of Appeal Self-Help website.  The site may help anyone who is involved in an appeal, especially those without a lawyer who are representing themselves. 
Get Self Help

 

The California Appellate Court Legacy Project

The Legacy Project provides a historical record of the personal experiences of individual justices and the changes that have emerged over the years in the California judicial system and the legal profession.

Read More on the Legacy Project

 

 

 California Courts
 

 Courts of Appeal
 

Careers

 

Judicial Branch of California

Accessibility

Privacy

Terms of Use

©
	2024
1st District Court of Appeal - 1DCA
1st District Court of Appeal

Justices
Electronic Filing
Forms & Local Rules
Practices & Procedures
Calendars
Fees
Court Programs
Self Help Resources
California Judicial Mentor Program (Appellate)
Contact Us
About The 1st District

2nd District Court of Appeal
3rd District Court of Appeal
4th District Court of Appeal
5th District Court of Appeal
6th District Court of Appeal
Oral Argument Calendar
About the Courts of Appeal

Related Links

Appellate Compensation Claim Form

© 2024 Judicial Council of California

Site Map 
 | Careers 
 | Contact Us 
 | Accessibility 
 | Public Records 
 | Terms of Use 
 | Privacy 
 | Newsroom

Site Map 
 | Careers 
 | Contact Us 
 | Accessibility

 | Public Records 
 | Terms of Use 
 | Privacy

 | Newsroom

 	© 2024 Judicial Council of California
California Rules of Court: Title Eight Rules
Rule 8.312. Stay of execution and release on appeal
Rule 8.316. Abandoning the appeal

Article 2. Record on Appeal
Rule 8.320. Normal record; exhibits
Rule 8.324. Application in superior court for addition to normal record
Rule 8.328. Confidential records [Repealed]
Rule 8.332. Juror-identifying information
Rule 8.336. Preparing, certifying, and sending the record
Rule 8.340. Augmenting or correcting the record in the Court of Appeal
Rule 8.344. Agreed statement
Rule 8.346. Settled statement

Article 3. Briefs, Hearing, and Decision
Rule 8.360. Briefs by parties and amici curiae
Rule 8.361. Certificate of interested entities or persons
Rule 8.366. Hearing and decision in the Court of Appeal
Rule 8.368. Hearing and decision in the Supreme Court

Chapter 4. Habeas Corpus Appeals and Writs

Article 1. Habeas Corpus Proceedings Not Related to Judgment of Death
Rule 8.380. Petition for writ of habeas corpus filed by petitioner not represented by an attorney
Rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party
Rule 8.385. Proceedings after the petition is filed
Rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court
Rule 8.387. Decision in habeas corpus proceedings 
Rule 8.388. 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
Appellant’s Opening Brief – California Appellate Courts
Read the California rules of court on proof of service requirements CRC 8.25(a), 8.212(c)(1), and CRC 8.29, 8.212(c)(3).)
Visit TrueFiling™, the court’s online filing system
 
 How do I file my brief with the Court of Appeal? There are two ways to file documents with a court: electronically file (e-file) on the computer or file on paper at the court.
The Court of Appeal requires lawyers and people who have a lawyer to file electronically. If you are self-represented – meaning you do not have a lawyer – then you can choose to file electronically or file on paper.
If filing electronically, the Court of Appeal does not need or require paper copies.
If filing on paper in the Court of Appeal, the original document and proof of service forms are always given to the Court of Appeal. Some courts also require you to file extra copies of the documents.
You should always keep one copy of all documents you file with the court. It’s a good idea to bring or mail an extra copy of the document to the court clerk. You can ask the clerk to stamp “filed” on the extra copy to show that the original was filed, and keep the extra copy as proof.
 
 What if my brief is rejected? If an opening brief is incomplete or does not follow the formatting rules, the court may decline to file it. If the brief only requires minor corrections, the court clerk may contact the appellant and ask for permission to make the minor corrections. The court may also return the brief to the appellant for corrections and changes. After making these 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. If the problems with the brief have been corrected, the court will file the revised brief. If the problems have not been corrected and it’s an appellant’s opening brief, the court may dismiss the case.
 
 How can I check the deadline to file my brief? You can contact the clerk at your Court of Appeal if you have questions about the deadline to file your brief.
Respondent’s Brief – California Appellate Courts
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.
Copies of exhibits or other materials may only be attached if they are already in the existing record on appeal, or in relevant local, state, or federal rules or regulations. The attachments must not be more than a combined total of 10 pages, unless the court grants you permission to break this rule.
If you need to file more than 10 pages of attachments, you can ask the Court of Appeal for permission. You may file a “Request to Attach Additional Exhibits” with the Court of Appeal and serve a copy of the application to all other parties in the case. There is no court form so you type the request on a piece of paper. You must provide what the court calls “good cause” – which means a good reason – to attach additional exhibits. The court may or may not say yes to your request.
Instead of including a lot of attachments, it may be easier to simply make a reference in your brief to any legal authorities, or to exhibits already in the record on appeal.
Before including attachments you should carefully review CRC rule 8.204(d).
 
 Who needs to receive a copy of my brief? How do I serve my brief to other parties or courts? Always check with your court to confirm the specific filing and service requirements in your case. Not all courts allow electronic filing.
Serving a document means delivering a copy of the document to another party, or delivering a copy to a different court than the one where you are filing the document.
Generally, you must serve a copy of the 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.
California Rules of Court: Title Eight Rules
General application of chapter 4
Rule 8.926. Notice of briefing schedule
Rule 8.927. Briefs 
Rule 8.928. Contents and form of briefs
Rule 8.929. Oral argument

Chapter 6. Writ Proceedings
Rule 8.930. Application 
Rule 8.931. Petitions filed by persons not represented by an attorney
Rule 8.932. Petitions filed by an attorney for a party
Rule 8.933. Opposition
Rule 8.934. Notice to trial court
Rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur
Rule 8.936. Costs

Division 5. Rules Relating to Appeals and Writs in Small Claims Cases

Chapter 1. Trial of Small Claims Cases on Appeal
Rule 8.950. Application
Rule 8.952. Definitions
Rule 8.954. Filing the appeal
Rule 8.957. Record on appeal
Rule 8.960. Continuances
Rule 8.963. Abandonment, dismissal, and judgment for failure to bring to trial
Rule 8.966. Examination of witnesses

Chapter 2. Writ Petitions
Rule 8.970. Application 
Rule 8.971. Definitions
Rule 8.972. Petitions filed by persons not represented by an attorney
Rule 8.973. Petitions filed by an attorney for a party
Rule 8.974. Opposition
Rule 8.975. Notice to small claims court
Rule 8.976. Filing, finality, and modification of decisions; remittitur
Rule 8.977. Costs

Division 6. Transfer of Appellate Division Cases to the Court of Appeal
Rule 8.1000. Application
Rule 8.1002. Transfer authority
Rule 8.1005. Certification for transfer by the appellate division
Rule 8.1006.
Benefits Orientation
 
 

Appeals and Grievances
Appeals
Appeal processAppeal of denial of merit salary adjustmentAppeal of denial of out-of-class claimAppeal of denial of sick leaveAppeal of involuntary geographic transferAppeal of involuntary non-geographic transferAppeal of layoffAppeal of performance appraisalPetition to set aside resignationRequest for reinstatement after automatic resignation (AWOL)Request for reinstatement after automatic resignation of permanent intermittent employee (AWOL PI)
Final Decisions
Final Decisions on Appeal of Denial of Merit Salary Adjustment
CalHR Case Number 14-S-0106: Appeal of Denial of Merit Salary Adjustment
Final Decisions on Petition to Set Aside Resignation
CalHR Case Number 14-G-0055: Petition to Set Aside Resignation
Final Decisions on Request for Reinstatement After Automatic (AWOL) Resignation
CalHR Case Number 14-B-0132: Request for Reinstatement After Automatic (AWOL) Resignation

Grievances
Award Programs
25-Year Service and Retirement AwardsEmployee Suggestion ProgramMedal of ValorMerit Award Program
Employee Recognition Toolkit
Superior Accomplishment Award
Bargaining / Contracts
Bargaining ContactsContract GrievancesContracts
Unit 1 - Professional, Administrative, Financial, and Staff ServicesUnit 2 - Attorneys and Hearing OfficersUnit 3 - Professional Educators and LibrariansUnit 4 - Office and AlliedUnit 5 - Highway PatrolUnit 6 - CorrectionsUnit 7 - Protective Services and Public SafetyUnit 8 - FirefightersUnit 9 - Professional EngineersUnit 10 - Professional ScientificUnit 11 - Engineering and Scientific TechniciansUnit 12 - Craft and MaintenanceUnit 13 - Stationary EngineersUnit 14 - Printing and Allied TradesUnit 15 - Allied ServicesUnit 16 - Physicians, Dentists, and PodiatristsUnit 17 - Registered NursesUnit 18 - Psychiatric TechniciansUnit 19 - Health and Social Services/ProfessionalUnit 20 - Medical and Social ServicesUnit 21 - Educational Consultant and Library
Labor Agreements and the 2020 BudgetLabor Agreements and the 2021 Budget
Career Executive Assignment (CEA) and Exempt Employees
Career Executive Assignment - Policy MemosCEA Action ProposalsCEA and Exempt Appointments and LettersCEA classifications included in leadership competency modelExempt Employee Salaries
Civil Rights