California Court of Appeals Timeline
Step 1- Appealable Order
An appellant is a person who appeals a court's decision to a higher court. The person who lost in the trial court can file an appeal. The court's decision must be an appealable order or judgment. The deadline to file an appeal is 60 or 180 days after the trial court's order or judgment. An appeal must prove that the trial court made a legal mistake and that the mistake impacted the final decision. The Court of Appeal considers testimony and evidence from the trial court's record.
Step 2- Notice of Appeal
The Notice of Appeal must be filed and served by the appellant providing notice to the trial court and parties that the decision is being challenged. The deadline is generally 60 days after the trial court's decision. A Notice of Appeal must be timely, or the appeal will be dismissed. All parties in the case must be served with the Notice of Appeal, and proof of service must be included. The Notice of Appeal and Proof of Service is filed in the trial court.
Step 3- Designating the Record
The trial court's records include evidence, testimony, motions, orders, and all of the other documents filed in the trial court during the case. The record on appeal is the portion of the original trial court file that is sent to the Court of Appeals.
Step 4- Additional Filings
Court filings are documents that parties file with the trial court of the Court of Appeal. The California Courts have prepared special legal forms that are required for each step of an appeal. A motion is a legal way to ask the Court to do something, and there is no form for a motion. Also, the other documents you might file with the court are called applications, oppositions, and stipulations.
Step 5- Opening Brief
An Opening Brief is the first brief written and filed by the appellant. It must clearly explain what the appellant claims were the legal errors made by the trial court and why those errors are so important that the trial court's decision should be changed. The deadline is generally 40 or 70 days from the date the record on appeal is filed. The Opening Brief should be served on all other parties, the trial court, and the California Supreme Court.
Step 6- Respondent's Brief
The party that won in the trial court is called the Respondent. The Respondent's Brief is the other side's chance to respond to the appellant's opening brief. It explains why the lower court's decision should not be changed. The deadline to file is within 30 days after the appellant files the opening brief and should be served on all other parties, the trial court, and the California Supreme Court.
Step 7- Reply Brief
The Appellant's Reply Brief is in response to the Respondent's Brief. It is limited to issues already raised in the Appellant's Opening Brief or in the Respondent's Brief. The Appellant's Reply Brief is due within 20 days after the respondent files the respondent's brief and should be served to all other parties in the case, the trial court, and the California Supreme Court.
Step 8- Oral Argument
An Oral Argument is a limited opportunity for the parties to talk directly with the Court of Appeal justices who will decide the appeal. It is the last step in an appeal before the case is submitted for a decision. An oral argument is a chance to make sure the court understands the key issues of the case. Each party has a limited amount of time to explain the arguments in their brief and answer questions from the justices. If all the parties choose not to participate - or "waive oral argument" in legal terms - the appeal will be decided on the briefs and the record on appeal.
Step 9- Court Opinion
The court has 90 days from the date a case is submitted to decide the appeal. The Court of Appeal can affirm, modify, or reverse any part of the trial court's original decision. It may also dismiss an appeal if it was not filed on time or if the trial court's decision is not an appealable order.
The opinion or order becomes final in the Court of Appeal after 30 days unless any of the parties challenge it and the Court of Appeal agrees to hear the case again. Any party can challenge the decision if they believe the court stated the facts or the law incorrectly or failed to consider an issue raised by the parties.
Step 10- Petition for Rehearing
A Petition for Rehearing is a petition that asks the California Supreme Court to hear the case. The party must have proof that the Court of Appeal made a legal mistake. The deadline to serve and file a petition for rehearing is 15 days after the Court of Appeal files an opinion (decision), an order dismissing the appeal, or a modification of its original opinion. The Court of Appeal reviews the petition for rehearing and decides how to respond. The court can do nothing, deny the petition, or grant the petition.
Suppose the Court of Appeal agrees there was an important mistake and grants the petition for rehearing. In that case, it will consider the appeal again and issue a new decision after rehearing the case.
Step 11- Petition for Review
A Petition for Review is a petition asking the Court of Appeal to reconsider its decision. Any party can file a petition for review if they believe the Court of Appeal made a legal mistake in the opinion. A party must believe the issues in their case will settle an important question of law or help ensure uniform (consistent) decisions in California courts. The deadline to serve and file a petition for review is 10 days after the Court of Appeal's decision becomes final.
Step 12- Remittitur
A remittitur is a document from the Court of Appeal to the superior court that returns jurisdiction to the superior court and shows the Court of Appeal's final judgment. The case transfers back to the trial court, which has the legal authority to enforce the Court of Appeal's decision. The remittitur is the end of the appeal process.
For more information, contact Eisner Gorin LLP, our California criminal defense lawyers based in Los Angeles, CA.
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