about appeals
The complex appeals process requires knowledgeable and experienced lawyers who specialize in appellate law. Gibson Appellate Law has successfully guided clients through this process. If you are considering filing an appeal, please contact us.
Q: What is an appeal?
A: An appeal is a request that an appellate court review a lower court’s decision to ascertain whether the trial court committed a legal and prejudicial error that requires reversal. An appeal is not a retrial of the case lost below. It is only a review for legal error. For this reason, clients are encouraged to hire appellate lawyers to handle appeals. Not only does the appellate practitioner bring expertise in handling appellate matters to the table, the appellate lawyer can also bring a fresh perspective to the process of evaluating success on appeal.
Q: What is the appellate process in California?
A:Generally, the process begins with an appealable order or final judgment. Therefore, the first step in any appeal is determining whether a final judgment has been entered or whether the order being challenged is an appealable one. California Code of Civil Procedure § 904.1 provides a list of orders that are appealable.
If the order or final judgment is an appealable one, the Appellant must file timely a notice of appeal in the superior court with the appropriate filing fee. Generally, a notice of appeal must be filed within 60 days of receiving notice of entry of judgment from a party or the clerk, whichever is earliest. The notice of appeal must specify the order or final judgment being appealed. The clerk of court will send the Appellant the Civil Case Information Statement, which must be completed and filed within the prescribed time limit.
The next step in the process is the designation of the appellate record. There are minimum requirements of what must be included in the record. Once the record has been filed, the court then notifies the Appellant of the date the Appellant’s opening brief is due. Generally, the Respondent’s Brief will be due 30 days after the Appellant’s Opening Brief is filed. After the Respondent has filed the Respondent’s brief, the Appellant may file a Reply Brief.
After the briefing is completed, the court of appeal sets a date for oral argument. see note For oral argument each side will have the opportunity to present their side of the case.
Following oral argument, the court of appeal issues its decision. The losing party may file a petition for rehearing or file a petition for review in the Supreme Court. If no petition for review is filed nor rehearing petition granted, the decision of the court of appeal becomes final within 30 days after the decision has been filed by the clerk of the appellate court.
Q: How long does the process take?
A: Generally, this process takes a year or longer.
Gibson Appellate Law has successfully guided clients through each step of the appeals process. If you are considering filing an appeal, please contact us.
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Note: This process can vary among appellate districts in California.
In certain cases, courts will first send out a letter advising the parties that the court is ready to decide the matter without oral argument. Even if the court has sent such a notice, under the California Constitution parties have the right to request oral argument.