Court Rules - Proposed
Public Index CD-Rom
Types of Cases
Glossary of Terms
What is an Appeal?
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?
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?
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:
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:
There is no charge for the application packet.
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
Notify the court in writing by filing a Notice of Appeal. Submit appropriate filing fees. If the party is indigent (in forma pauperis), an Application for Waiver of Court Fees and Order for Waiver may be filed.
Who Hears an Appeal?
Rules of Court Guideline for Appeals:
Where to file:
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