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Filing a Notice of Appeal in California

If the decision of a court case does not go your way either as a defendant in a criminal trial or on either side in a civil case, you have the option in California to appeal the ruling to a higher court. Appealing the verdict in a case begins with filing a Notice of Appeal with the California court and is only allowed in a short window of time. You need a knowledgeable and experienced appellate attorney handling your case.

Deadlines for Filing a Notice of Appeal

A Notice of Appeal can be filed as soon as a decision has been rendered in the case and the judgment is entered by the court. In California, appeals in civil cases that have damages of $25,000 or less require a Notice of Appeal to be filed within 90 days of the entry of judgement or 30 days from receipt of notice from the court clerk that a judgment has been rendered, whichever is earliest. This leaves only a very short window in which to file an appeal. 

For civil cases with damages over $25,000 and criminal cases in California, a Notice of Appeal must be filed within 180 days of the entry of judgment or 60 days after receiving notice that a judgment has been rendered against you by the court clerk, whichever is earlier. You cannot request more time for an appeal, and failure to file means that you are stuck with the decision of the lower court. 

How to File a Notice of Appeal 

Your appellate law attorney will handle the drafting and filing of a Notice of Appeal in your case. Two copies must be made for either side, and the original is filed with the court. You must then serve the other side in your civil or criminal case with the copy of the Notice of Appeal in person or by mail. Be sure to get proof of service that the other side knows that a Notice of Appeal has been filed in the case. Your lawyer will then turn in both the proof of service and original copy of the Notice of Appeal to the court clerk along with the filing fee, although in certain circumstances the fee can be waived.

Once the Notice of Appeal has been filed, your appellate law attorney will begin crafting your case. This includes notifying the court within 10 days to designate the record and begin preparing the written brief in your case. Your lawyer will also craft a brief oral statement that will be argued in front of the appellate court with the best possible arguments for your case. 

Call or Contact the Office Today 

Filing a criminal or civil appeal in California is different from the trial level and you should not attempt to file an appeal on your own. For more information about filing appeals in California and whether your case qualifies for an appeal, call or contact The Appellate Law Firm today for a free consultation with an experienced appellate attorney now.