Appeals
What is an Appeal?
An appeal is an application to a higher court requesting review of a decision made by a lower court. The higher court has the authority to sustain, reverse or modify the decision or judgment rendered in the lower court. A party may appeal an unfavorable judgment and certain orders. 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. You may not appeal on behalf of a friend, spouse, child, or other relative (unless you are a legally appointed guardian).
To learn more about the appeal process, watch this “To Appeal or Not To Appeal” video or visit the California Appellate Courts Self-Help Resource Center.
Appeals from Felony Criminal, Unlimited Civil, Probate, Mental Health, Juvenile Delinquency, Juvenile Dependency and Family Law cases are handled by the First District Court of Appeal.
Appeals from Infraction, Traffic, Misdemeanor Criminal and Limited Civil cases are handled by the Appellate Division of the Contra Costa County Superior Court.
Appeals from judgments of death are heard by the California Supreme Court.
Appeals from Small Claims cases are heard by a judge of the Contra Costa County Superior Court.
Appeals from administrative decisions such as dangerous/vicious dog determinations, parking tickets, civil citations and Labor Commissioner’s awards are heard by a judge of the Contra Costa County Superior Court.
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 before the filing deadline. To find the filing deadline for your case, see the California Rules of Court, Title Eight Appellate Rules (Rules 8.1 – 8.1125).
Below are links to the more commonly used Notice of Appeal forms:
Local Form Packets
Judicial Council Forms
● Civil Appeal - Unlimited Civil, Probate, Family Law (APP-002)
● Civil Appeal - Limited Civil (APP-102)
● Civil Commitment/Mental Health Proceedings (APP-060)
● Criminal Appeal - Felony (CR-120)
● Criminal Appeal - Misdemeanor (CR-132)
● Criminal Appeal - Infraction/Traffic (CR-142)
● Juvenile Appeal - Delinquency & Dependency (JV-800)
Other forms can be found on the Judicial Council’s website.
There are other time limits and regulations in proceeding with an appeal. Read the California Rules of Court to ensure that you are meeting the timelines at each step. Failure to meet deadlines may result in the dismissal of your appeal.
Designation of Transcripts
Since the reviewing court was not present at the proceedings being appealed, there must be an official record of the proceedings for the higher court to review.
In criminal appeals, the court will prepare a standard record as specified in the California Rules of Court.
In civil appeals, the appellant must tell the trial court what documents and oral proceedings, if any, to include in the record to be reviewed by the higher court. This is done by filing the appropriate Judicial Council Notice Designating the Record on Appeal form for your case. The appellant’s failure to file this notice may result in the dismissal of the appeal. The respondent may also request documents to be added to the record by filing the appropriate Judicial Council Respondent’s Notice Designating the Record on Appeal form for your case. However, failure to do so will not affect the appeal.
Clerk's Transcript
The clerk’s transcript is a compilation of the documents filed in the trial court.
In criminal appeals, the clerk’s transcript will include the documents required by the California Rules of Court.
In civil appeals, the appellant must designate the documents to be included in the record by using the appropriate Notice Designating the Record on Appeal form. The Superior Court appeals clerk will send an estimate to the parties for the cost of preparing the clerk’s transcript. The appellant is responsible for paying for the copy of the transcript that is sent to the reviewing court, as well as for their own copy. The respondent may purchase a copy of the transcript but is not required to do so. Per the California Rules of Court, costs must be paid within 10 days, or the appeal may be dismissed.
Briefs
A brief is a party’s written description of the facts in the case, the relevant law, and the party’s argument. Using references to the clerk’s and reporter’s transcripts that make up the appeal record, the brief must clearly explain the alleged legal errors in the trial court's proceedings and/or the decision or judgment. Each brief must contain a table of contents and a table of authorities. There is also a limit on brief length. The preparation and filing of briefs is governed by the California Rules of Court and the Contra Costa County Superior Court’s Local Rules.
After the appeal record is filed in the reviewing court, the parties will receive a notice telling you when to file your brief. Read the notice carefully. The appellant’s failure to file an opening brief may result in the dismissal of the appeal.
Hearings - Superior Court Appellate Division
After the appeal record is filed with the Superior Court Appellate Division, the parties will receive notice of the date and time for oral arguments along with the briefing schedule.
Contra Costa County Superior Court’s Appellate Division holds oral arguments generally on the 1st Friday of each month via Zoom. The proceedings are open to the public. The calendar of cases and the Zoom link information are posted on the Court’s website approximately 1 week prior to each oral arguments hearing date.
The parties may appear at the oral arguments hearing or they may give up their right to attend the hearing. If a party intends to give up the right to attend the hearing, they should contact the appellate division clerk in writing to advise they are submitting the appeal on their brief and the appeal record. If you attend the hearing, you cannot present evidence or call witnesses. After the hearing, the parties will be notified by mail of the appellate panel’s decision.
Writs
A writ is an order from a higher court telling a lower court to do something the law says the lower court must do or not to do something the law says the lower court does not have the power to do. A writ differs from an appeal in that in a writ proceeding, the reviewing court is not required to make a decision on the merits; even if the trial court made a legal error, the reviewing court can decide not to consider that error now, but to wait and consider the error as part of any appeal from the final judgment. Also, unlike appeals, writs can be used to ask for review of certain kinds of important rulings made by a trial court before it issues its final judgment.
● Petition for Writ of Habeas Corpus
For information about writs of habeas corpus, see rules 4.550-4.552 of the California Rules of Court, rules 8.380-8.388 of the California Rules of Court and Petition for Writ of Habeas Corpus (HC-001).
● Petition for Writ of Mandate, Prohibition or Review (Misdemeanor, Infraction or Limited Civil cases)
For information about writs of mandate, prohibition or review in misdemeanor, infraction and limited civil cases, see rules 8.930-8.936 of the California Rules of Court, Information on Writ Proceedings in Misdemeanor, Infraction and Limited Civil Cases (APP-150-INFO), and Petition for Writ (Misdemeanor, Infraction or Limited Civil Case) (APP-151).
● Petition for Writ (Small Claims)
For information about a writ in a small claims case, see Information on Writ Proceedings in Small Claims Cases (SC-300-INFO) and Petition for Writ (Small Claims)(SC-300).
● Petition for Writ of Supersedeas
For information about a writ of supersedeas, see California Rule of Court 8.824.
● Petition for Writ in a Juvenile Dependency Case
For information about a writ in juvenile dependency cases, see rules 8.450-8.456 of the California Rules of Court, and Juvenile Writ (JV-822)
Where to file your Appeal or Writ
● Felony criminal appeals, misdemeanor criminal appeals, Unlimited Civil/Probate/Family Law appeals, Civil Commitment/Mental Health appeals and Limited civil appeals can be filed in person at Window C in Room 103 in the Wakefield Taylor Courthouse. These appeals can also be electronically filed by visiting the Court’s website.
● Traffic appeals can be filed in person at the Court location serving the city where the citation occurred.
● Juvenile appeals can be filed in person in the Juvenile Division Walnut Creek Superior Court. These appeals can also be electronically filed by visiting the Court’s website.
● Small Claims appeals can be filed in person at the Court location where the case was originally filed. These appeals can also be electronically filed by visiting the Court’s website.
● Administrative appeals (parking tickets, dangerous/vicious dog decisions, etc.) can be filed in person in Room 103 in the Wakefield Taylor Courthouse.
● Felony writs of habeas corpus can be filed in person in the Criminal Clerk’s Office in Room 127 in the Wakefield Taylor Courthouse.
● Misdemeanor writs of habeas corpus can be filed in person at Window C in Room 103 in the Wakefield Taylor Courthouse. These writs can also be electronically filed by visiting the Court’s website.
● Writs of mandate, prohibition, review or supersedeas for misdemeanor, infraction and limited civil cases and small claims writs can be filed in person at Window C in Room 103 in the Wakefield Taylor Courthouse. These writs can also be electronically filed by visiting the Court’s website.
● Juvenile writs can be filed in person in the Juvenile Division at the Walnut Creek Superior Court. These writs can also be electronically filed by visiting the Court’s website.