© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION APPEALS

2 RIGHT TO APPEAL— any “aggrieved party” may appeal the judgment to the appellate court.

3 STATE COURT APPEALS Unlimited civil judgments appealed to Court of Appeal Limited civil judgments appealed to Superior Court Appellate Department

4 FEDERAL JUDGMENTS Appealed to District Court of Appeals

5 APPELLATE COURT MAY:  Reverse judgment  Modify judgment  Affirm judgment  Remand to lower court with instructions

6 STANDARDS OF REVIEW  Substantial evidence  Abuse of discretion  Independent judgment

7 TIMING OF THE APPEAL The judgment is not stayed pending appeal! The judgment can be enforced on entry!

8 STAY OF EXECUTION PENDING APPEAL File bond with clerk, either surety bond 11/2x amount of judgment or cash 2x amount of judgment

9 JUDGMENT Valid for 10 years Can be renewed for 10 years

10 APPEAL PROCESS Notice of appeal Notice of cross-appeal Preparation of Record Briefing Hearing Decision Petition to highest court

11 NOTICE OF APPEAL DEADLINES Are “jurisdictional”: court loses power to rule if not timely filed!

12 APPEAL PROCESS STATE COURT Unlimited Civil Cases

13 NOTICE OF APPEAL Filed with clerk with fee within: 60 days of service of Notice of Entry by clerk or 60 days of service of Notice of Entry by a party or 180 days of entry of judgment

14 Filing deadlines not extended 5 days for mailing!

15 NOTICE OF CROSS-APPEAL Filing deadlines within: 15 days of service of Notice of Entry by clerk or 15 days of service of Notice of Entry by a party or 180 days of entry of judgment

16 Clerk serves notice of appeal on parties.

17 NOTICE OF CROSS-APPEAL Due within 20 days of service of notice of appeal by clerk

18 PREPARING THE RECORD Clerk’s Transcript Reporter’s Transcript

19 CLERK’S TRANSCRIPT OPTIONS  Rule 5 election  Rule 5.1 election  Rule 5.2 election

20 APPELLATE BRIEFS Appellant’s Opening Brief Respondent’s Brief Appellant's Reply

21 BRIEFING RULES Typeset/typed Word limits/certification Tables authorities and contents Bound on left in colors New caption, appellate case number Proof of service on parties, trial judge, supreme court

22 BRIEFING CONTENT Statement of case Statement of facts stipulated statement agreed statement Argument Cited to record

23 OPENING BRIEF DUE  Rule 5 election: 30 days from filing record  Rule 5.1 election: 70 days from election  Rule 5.2 election set by trial judge

24 RESPONDENT’S BRIEF DUE: 30 days after filing opening brief

25 REPLY DUE: 20 days after filing respondent's brief

26 HEARING  Clerk notifies parties of hearing  Parties may decline oral argument  Court has jurisdiction to decide for 90 days after hearing

27 PETITION TO STATE SUPREME COURT  Petition for discretionary review briefed  If granted, case is briefed again on merits  Decision is final unless federal question or issue

28 APPEAL PROCESS STATE COURT Limited Civil Cases

29 PROCEDURE SAME AS UNLIMINTED CIVIL CASES EXCEPT:  30-day limit for notice of intent  Opening brief due 20 days from filing record  Respondent's brief due 20 days from filing opening brief  Reply due 10 days later  Preparation of record similar  Briefs same but bound at top

30 APPEAL PROCESS FEDERAL COURT

31 GOVERNED BY FRAP and local rules!

32 FEDERAL APPELLATE PROCESS  Notice of Appeal  Request to prepare reporter's transcript  Augmenting transcript  Clerk’s transcript  Briefing  Hearing

33 PREPARING RECORD  Notice portion of record ordered and issues on appeal  Respondent may request more  Clerk prepares clerk’s transcript

34 APPELLATE BRIEFS  Similar to state briefs  Caption and copies specified in local rules  Page limits ( )  Opening brief states subject matter jurisdiction and status of judgment

35 BRIEFING DEADLINES Opening brief: 40th day after record filed Respondent's brief: 30 days after opening Reply: 14 days after respondent

36 PETITION TO U.S. SUPREME COURT  Discretionary review (“certiorari”)  If granted, briefed again on merits  Decision is final

37 SUMMARY Jurisdictional Deadlines, Precise Rules PREVIEW Provisional Remedies and Extraordinary Writs SUMMARY Jurisdictional Deadlines, Precise Rules PREVIEW Provisional Remedies and Extraordinary Writs