vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Appellant’s Opening Brief – California Appellate Courts
Here is an overview of each section with a description of what it includes.
All of the sections are required.
Choose a section to learn more

 Cover The cover contains basic information about the case and the parties to the case. This includes:

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

See the full rules for a cover page (CRC 8.40(c), 8.204(b)(10).)
 
 Certificate of Interested Entities or Persons (required except in certain cases) In all civil appeals, the first page of the opening brief after the cover is the Certificate of Interested Entities or Persons form APP-008.
The appellant prepares this form for the Court of Appeal to identify other entities and/or persons that have an interest in the outcome of the case. A business or an organization is an example of an entity.
An appellant is NOT REQUIRED to file a Certificate of Interested Entities or Persons if the case is a family, juvenile, guardianship, or conservatorship case.
Learn more about the Certificate of Interested Entities or Persons
 
 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 case by reading the Table of Contents.
 
 Table of Authorities The Table of Authorities is a list of all the legal authorities or precedents that the appellant discusses in the brief. Legal authorities are examples from the law that help prove a legal argument to the Court of Appeal. The appellant should focus on finding legal authorities that support an argument against the trial court’s decision.
Legal authorities may be found on the internet or at a law library.
Appeals | Superior Court of California | County of Tulare
In traffic infraction cases a Notice of Appeal must be filed within thirty (30) days after the judgment or order appealed from (See CRC 8.902(a).)
Instructions and further information are contained in the Judicial Council Form CR-141-INFO ­ Information on Appeal Procedures for Infractions. The required form for Notice of Appeal is Form CR-142 - Notice of Appeal and Record on Appeal (Infraction). 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. The panel consists of three Superior Court judges assigned by the Chief Justice of the California Supreme Court to serve on the appellate panel. In our court, appeals are heard once a month on the last Wednesday of the month. You will receive written notice of the date and time of your appeal hearing and of the deadline for filing any briefs (written legal arguments) you may want the appellate panel to review.
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.

 

 Was this helpful?
 

Yes

No

Yes

No

Any additional feedback?

Email (optional)

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Leave this field blank

Was this helpful?
 

Public Resources

Holiday Calendar

Attorney Resources

Case Search

Forms & Local Rules

Administrative

ADA Information

Contact

Jobs

Quick Links

Judicial Mentorship Program

Superior Court of California
County of Tulare

 

 

 

Judicial Branch of California

Privacy

Terms of Use

© 2024
Glossary – California Appellate Courts
It is the last step in an appeal before the case is submitted for a decision.Oral proceedingsWhat was said in a trial, hearing, or oral argument.OrdenDecisión de la corte sobre una moción, solicitud u otra cuestión.Orden obrante en actasOrden de la corte registrada en el acta, que es el registro judicial oficial de lo que sucede en el caso.Orden susceptible de apelaciónSentencia u orden judicial que cumple con los requisitos legales para ser apelada. En el reglamento de la corte se establece qué decisiones se pueden apelar. También hay plazos estrictos para la presentación de apelaciones.OrderA court’s decision on a motion or application or other matter.ParteAquel que demanda o es demandado. En el juicio, las partes típicamente se denominan “actora” o “solicitante”, por un lado, y “demandado”, por el otro. En el proceso de apelación, las partes se denominan “apelante” y “apelado”.PartyOne who sues or is sued in a court case. At the trial level, the parties are typically called the "plaintiff" or "petitioner" and the "defendant" or "respondent." On appeal, parties are called the "appellant" and "respondent."Petition for RehearingA petition that asks the California Supreme Court to hear the case. Any party can file a petition for review after the Court of Appeal decision becomes final.Petition for ReviewA petition that asks the Court of Appeal to reconsider its decision. Any party can file a petition for review if they believe that the Court of Appeal made a legal mistake in the opinion.PlaintiffThe party who sues or starts a civil case.Points and authoritiesA document that sets out a party’s legal arguments and uses legal authorities, like statutes and court cases, to support those arguments.
Designating the Record – California Appellate Courts
The respondent generally does not automatically get a copy of the record on appeal. The respondent can pay to order a copy of the record on appeal, or apply for a fee waiver to cover the cost of their record on appeal. After the record on appeal is filed in the Court of Appeal it is a public record and can be copied for a fee. The respondent can also borrow the appellant’s copy of the record on appeal after the opening brief is filed. The respondent is responsible for paying the cost of getting the record from the appellant and returning the record to the appellant.

Next Steps
The trial court prepares the record on appeal and sends it directly to the Court of Appeal. Depending on the trial court’s procedures, it will either notify the appellant when their copy of the record on appeal is ready for pick up or mail the record on appeal directly to the appellant. If the respondent ordered a copy of the record, they will also be contacted or receive their copy of the record in the mail.
After the record on appeal is filed with the Court of Appeal, the parties receive notice telling them when the appellant’s opening brief is due. This sets the schedule for when briefs should be filed in the appeal.
Additional Resources
Read the California Court’s official appeal procedures for unlimited civil cases
Visit TrueFiling™, the court’s online filing system
Common Questions

 Why do I have to designate the record on appeal? Some people ask why they need to designate the record on appeal when the trial court already has a whole file of what happened. There are both legal and practical reasons.
An appeal is reviewed in a different court than the court that issued the original ruling. By law, the Court of Appeal can only look at issues around the alleged legal mistake in the trial court.
Also, the complete trial court record may be large and some parts may not be relevant to the issues raised in the appeal. That’s why the parties in the case must designate or choose the parts of the trial court record they want the Court of Appeal to review. The record on appeal helps the Court of Appeal focus on the materials that are needed to decide the issues.
 
 What forms do I need to designate the record?
Appellant’s Opening Brief – California Appellate Courts
For example, the appellant asks that the order or judgment should be reversed, or a new trial should be granted. Note that no arguments are repeated or introduced in the conclusion section.
 
 Certificate of Compliance or Word Count 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 appellant can attach a maximum of 10 pages of documents to the end of the brief.
If needed, an appellant can ask the Court of Appeal to allow a longer brief. The appellant 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 appellant types the application on a piece of paper.
The appellant 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 Always check with your Court of Appeal to confirm the specific service requirements in your case.
Generally, you must serve a copy of the opening 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 appellant must give the Court of Appeal proof that all of the required copies were delivered.
Respondent’s Brief – California Appellate Courts
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
The trial judge misapplied or misinterpreted statutory, common law (case decisions), or constitutional
The trial judge erred in sustaining a demurrer to the appellant’s complaint because the complaint legally states a cause of
The trial judge erred in granting summary judgment because there are material, disputed facts that require a
The trial judge or jury made a mathematical or other error in computing the amount of
The trial judge erred in awarding costs or attorney’s
The findings of the trial judge do not support the
The evidence is legally insufficient to support the findings or to support the judgment.

 
 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 of Appeal uses a process that’s called the “standard of review.” These are basic guidelines to help the Court of Appeal evaluate the appellant’s argument.
The standard of review is different for each legal issue. Here are three common standards of review:

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.
Reply Brief – California Appellate Courts
The appellant can attach a maximum of 10 pages of documents or exhibits to the end of the brief.
If needed, an appellant can ask the Court of Appeal to allow a longer brief. The appellant 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 appellant types the application on a piece of paper.
The appellant 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 Always check with your Court of Appeal to confirm the specific service requirements in your case.
Generally, you must serve a copy of the appellant’s reply 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 appellant must give the Court of Appeal proof in writing that all of the required copies were delivered. Appellants are encouraged to use court form APP-009 (delivery by mail or in person) or APP-009E (electronic delivery) to provide proof of service. This form tells the court who served the brief, who was served with the brief, how the brief was served, and the date it was served.
The appellant must file one proof of service of service form for each brief that is delivered.
Proof of service forms are included at the end of the appellant’s reply brief, after the Certificate of Compliance.
 

Filing the Appellant’s Reply Brief with the Court of Appeal
There are two ways to file a brief: electronically file (e-file) on the computer or file on paper at the Court of Appeal. Always check with your Court of Appeal to confirm the specific filing requirements and copy requirements in your case.
Appellant’s Opening Brief – California Appellate Courts
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 happens if a party files a cross-appeal? If one of the parties files a cross-appeal, then the briefing contents and briefing schedule are different. In the event of a cross-appeal, the opposing parties must try to agree on a briefing schedule. They can either submit a joint briefing schedule, or submit a separate briefing schedule for the court to consider and make a decision about the schedule. See CRC 8.216 for the procedures for submitting such a briefing schedule.
 

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	49 


	No	61
Respondent’s Brief – California Appellate Courts
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:

If the problems have been corrected, the court will file the revised respondent’s brief.
If the problems have not been corrected, the court may decide the appeal with only the information in the record on appeal and the appellant’s opening brief, but without hearing the respondent’s side of the case.

 
 What happens if a party files a cross-appeal? If one of the parties files a cross-appeal, then the briefing contents and briefing schedule are different.
In the event of a cross-appeal, the opposing parties must try to agree on a briefing schedule. The parties must either submit a joint briefing schedule or submit separate briefing schedules for the court to consider and make a final decision.
See CRC 8.216 to learn about the procedures for submitting a briefing schedule in a cross-appeal.
 
 I cannot afford to pay the Court of Appeal filing fee. How do I get a fee waiver? The respondent pays a one-time $390 filing fee to the Court of Appeal. The respondent pays this fee when they file their first document – which may be a motion or a brief – with the Court of Appeal.
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
Designating the Record – California Appellate Courts
Designating the Record – California Appellate Courts

 

CALIFORNIA JUDICIAL BRANCH HOME
 

Appeals TimelineOverview of a caseOverview of a case
Prepare DocumentsForms needed during a case
Knowledge CenterIn-depth articles and resourcesIn-depth articles and resources

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

Forms
Videos
Glossary

EN

ES

Sign InRegistrarse

Menu

 

3. Designating the Record
Designating the record is one of the most important steps in the appeal process.
That’s because the Court of Appeal needs a record of what happened in the trial court to decide if the trial court made a mistake.
The parties work to designate – or choose – what parts of the trial court record to send the Court of Appeal. The trial court keeps a record of all the documents and oral proceedings for each case, but the trial court does not automatically send its record to the Court of Appeal.
The record on appeal contains the parts of the trial court record that the parties choose to send the Court of Appeal. The parties can only refer to information that is in the record on appeal when they make legal arguments supporting their side of the case. And when the Court of Appeal makes a decision, it only considers information that is in the record on appeal.
The appellant takes the lead, but designating the record on appeal is equally important for the respondent. Both parties should focus on finding parts of the trial court record that support their arguments in the appeal.
There are many choices to make when designating the record on appeal. The process can be confusing and expensive. However, there are resources available to help and a lawyer can provide advice.
Here’s an overview of what to expect from this step of the process and guidance about how to get started.
Board of Veterans' Appeals
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.
Why does my appeal at the Board of Veterans’ Appeals (Board) take so long, and what is the Board doing about it?
The Board understands that many Veterans and appellants have been waiting a long time for a decision. We acknowledge that this wait can be very frustrating and want to explain why getting a Board decision can take a long time, and what options Veterans and appellants have to reduce the time they have to wait for a decision. The Board decision wait times page is available with additional details.
Who is my hearing coordinator?
If Veterans, appellants, representatives or Regional Offices have questions about their hearings, the Hearing Coordinator List provides the hearing team coordinator points of contact.

What is the Appeals Modernization Act (AMA)

In 2017 the AMA was passed and took effect in February 2019. AMA created a new decision review process allowing Veterans to choose from three lanes to determine the path their appeal will follow. The three lanes to choose from are supplemental claim, higher-level review, and appealing to the Board of Veterans’ Appeals.
Resources

View the Board’s “What can Veterans do if they don’t agree with their initial claim decision” factsheet (PDF, 1 page) for more information.

New VA appeals status tool provides tracking and transparency for Veterans
Appeals status video
VA, U.S. Digital Service launch new web tool to help Veterans track their benefits appeals
Your rights to appeal our decision

What happens after you receive your initial claim decision?

Initial Claim decision received. Do you agree with your initial decision?
Yes?
You are done! Please visit the VA website to see what benefits and services you may receive.
No?