Santa Barbara County Superior Court : Appeals

What is an Appeal?
Who can file an Appeal?
What are the deadlines for filing an Appeal?
What are the filing fees?
Waiver of Fees
Clerk/Reporter's Transcripts
How to Appeal
Who hears an Appeal?
California Rules of Court
Where are the offices located?
Where can I find forms?

What is an Appeal?
An appeal is a proceeding by which a case is brought from a lower court to a higher court for rehearing or reconsideration after a judgment has been given by the lower court. The higher, or appellate court, may sustain, reverse, or modify the decision. Most appeals are limited to a review of the record from the lower court. Parties cannot introduce new evidence and are limited to what was said and introduced at the original proceeding/trial. The appellate court reviews the lower court's application of the law to the facts as presented.

There are two main grounds for appealing a decision:

Evidence in the trial court was insufficient to justify the judgment/verdict.
Errors of law were committed.

Some appeals do allow for a new trial without reference to the evidence submitted in the original proceedings. Such an appeal results in a trial de novo, meaning a trial from the beginning. Appeals from small claims court result in a trial de novo within the Superior Court. The judge is not bound by the decision of the judge who presided in the small claims proceeding, and new evidence can be presented.

The most important act in an appeal is the timely filing of the notice of appeal. This notice must be filed before the time expires. There are many time limits and regulations in proceeding with an appeal. Failure to meet some time limits may result in dismissal of your appeal. It is very important that you review the California Rules of Court for specific information on the time restrictions and requirements for filing a notice of appeal.

Who Can File an Appeal?

Infraction, misdemeanor or felony: the defendant may file an appeal. In certain circumstances, the People of the State of California may file an appeal.
Small Claims: the defendant may file an appeal or the plaintiff may file an appeal on a defendant's claim.
Civil limited / unlimited: including domestic, probate and mental health, any party may file an appeal.
Death penalty: conviction is appealed automatically.
Juvenile dependency / delinquency: any party may file an appeal.

A party may represent him/her self (pro per) or select to be represented by an attorney. The party filing an appeal is called the Appellant. The party against whom an appeal is filed is called the Respondent.

What are the deadlines/extension for filing an Appeal?

DEADLINES FOR FILING
ADOPTIONS	60 days from Order
CIVIL CASES:	Limited Civil: 30 days from Order Unlimited Civil: 60 days from Order
CRIMINAL CASES:
-- Felony	60 days from Order
-- Misdemeanor	30 days from Order
-- Traffic	30 days from Order
-- Death Penalty cases	Automatic
JUVENILE DEPENDENCY:
-- Notice of Intent to File a Writ Petition	7 days from Order unless party filing was not present in Court on the day of the order and notified by mail, then it is 12 days from Order
-- Notice of Appeal	60 days from Order
JUVENILE DELINQUENCY	60 days from Order

What is the Filing Fee?
No filing fee is charged for filing an appeal of an infraction, misdemeanor or any juvenile appeals. Check the current schedule of Filing Fees online:

http://www.sbcourts.org/general_info/fees/default.asp?TOSID=5

Waiver of Fees
If you cannot afford to pay court fees and costs, you may qualify for a waiver of those costs.You may obtain an Application for Waiver of Court Fees and Costs from the Civil Clerk's Office, located at:

Santa Barbara Superior Court
Anacapa Division
1100 Anacapa Street
2nd Floor
Santa Barbara, CA 93121-1107
805-568-2220

Santa Barbara Superior Court
Cook Division
312-C East Cook Street
Santa Maria, CA 93456-5369
805-346-7414

There is no charge for the application packet.

Clerk/Reporter's Transcripts
The Clerk’s Transcript is prepared by the Superior Court Clerk. There is no charge for the preparation of a transcript in cases falling in the Criminal Division. In criminal cases, the clerk will automatically include in the transcript all of the documents identified in the California Rules of Court.

In civil cases, there is a charge for the preparation of a transcript. A party may have additional documents and exhibits included by following the procedures given in the California Rules of Court. The expense of preparing and sending copies of the index is included in the costs paid by the appellant. Any costs must be timely paid before a clerk’s transcript will be prepared. See Filing Fee Schedule for additional costs.

How to Appeal

Who Hears an Appeal?

Small Claims	Superior Court Judge
Infractions and Misdemeanor, Limited Civil	Superior Court Appellate Department
Juvenile Dependency and Delinquency	Second District Court of Appeal
Unlimited Civil and Felony	Second District Court of Appeal
Death Penalty	California State Supreme Court

Rules of Court Guideline for Appeals:

Civil Appeals	California Rules of Court 1-12.5, 121-144
Small Claims Appeals	California Rules of Court 151-158
Death Penalty Cases	California Rules of Court 39.5-39.57
Criminal Felony Appeals	California Rules of Court 30-38
Criminal Misdemeanor Appeals	California Rules of Court 180-191
Criminal Traffic Appeals	California Rules of Court 180-191
Juvenile Delinquency Cases	California Rules of Court 39-39.4
Juvenile Dependency Cases	California Rules of Court 39-39.4
Traffic Infraction Appeals	California Rules of Court 180-191
View all California Rules of Court: http://www.courtinfo.ca.gov/rules/ View all Local Santa Barbara Superior Court Rules

Where to file:

OFFICE LOCATIONS:
Santa Barbara Superior Court Figueroa Division 118 E.Figueroa Street Santa Barbara, CA 93101 805-568-2234 805-568-2730 Santa Barbara Superior Court Lompoc Division 115 Civic Center Plaza Lompoc, CA 93436-6967 Appeals Initiation: 805-737-7792 805-737-7785	Santa Barbara Superior Court Cook Division 312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369 Civil Appeals Initiation: 805-346-7647 Santa Barbara Superior Court Miller Division 312-M East Cook Street P.O. Box 5165 Santa Maria, CA 93456-5165 Criminal Appeals Initiation: 805-346-7569
FORMS:
California Judicial Council Forms Local Superior Court Forms