The legal system provides a specific path for correcting significant legal errors that may have produced an unjust outcome.
An appeal is not a second trial or a chance to present new evidence. Instead, a California appeals lawyer argues your case before a panel of appellate justices, whose job is to meticulously review the trial record for mistakes that altered the result.
The entire process centers on questions such as:
- Was evidence improperly handled?
- Did the judge apply the wrong legal standard or give the jury incorrect instructions?
If a serious error occurred in your civil, business, family law, or probate case, you have a very short and strict window to act. At Wade Litigation, we handle the rigorous arguments and procedures that define the appellate process.
If you have questions about your legal options after a judgment, we can provide a clear-eyed assessment. Call our team for a case evaluation at 888-705-5059.
Key Takeaways for California Appeals
- You face a tight, non-negotiable deadline to act. In most cases, you have only 60 days from the date the notice of entry of judgment is served to file a Notice of Appeal. Missing this deadline will almost certainly mean losing your right to an appeal forever.
- An appeal is not a new trial with new evidence. The appellate court only reviews the existing record from the trial (transcripts and documents) to determine if the judge made a significant legal mistake. You cannot introduce new facts or re-argue the case to a new jury.
- Winning requires proving a serious, outcome-changing error. You can’t win an appeal based on a minor technicality. You must demonstrate a “prejudicial error,” which is a mistake so substantial that there is a reasonable probability the result would have been different without it.
Why Choose Wade Litigation for Your California Appeal?
Appellate work demands a specialized focus on intensive legal research, powerful writing, and sharp oral argument. Our practice is built to handle these high-stakes challenges, combining a systematic approach with direct, clear communication to ensure you understand the process every step of the way.
A Record of Success in High-Stakes Cases
Our attorneys have a proven history of success in difficult legal matters across California’s state and federal courts. We have secured victories in multi-million dollar cases, including achieving the complete dismissal of a $5 million federal racketeering suit at the trial level.
Award-Winning Recognition for Client-Centered Service
Our team is recognized for our results and our dedication to clients. Founder Amiel Wade has been named “Lawyer of the Year in Civil Litigation” by the American Institute of Legal Professionals and holds a “Superb” 10.0 Avvo rating, reaffirming his reputation as a leading civil litigation lawyer Attorney Katerina Vita of our Probate Group was honored at the Lawyer Monthly Women in Law Awards for her outstanding achievements.
A Unique Investigative Edge
Our founder, Amiel Wade, is a former San Jose Police Officer. This background provides an investigator’s eye for detail, which is a powerful asset when digging through a trial record to find overlooked facts and procedural errors that others might miss.
Located to Serve Clients Across California
Our main office is located in downtown San Jose at 84 W. Santa Clara St., Suite 500, San Jose, CA 95113, blocks from the SAP Center and Plaza de Cesar Chavez. We also have offices spread across the entire state.
What Can a California Appeal Accomplish? Understanding the Potential Outcomes
A negative trial outcome can carry heavy consequences, from a large monetary judgment against you to the dismissal of your claims. You may feel the result was wrong because of mistakes made during the proceedings. Without an appeal, that trial court decision becomes final.
An appeal asks a higher court to review the trial for legal errors. If your appeal is successful, it could lead to several different outcomes:
- Reversal: The appellate court completely overturns the trial court’s decision. If a judgment was entered against you for $1 million, for example, a reversal could eliminate that judgment entirely.
- Remand: The appellate court sends the case back to the trial court with instructions for a new trial or other proceedings. This frequently happens when a significant error prevented a fair trial from occurring the first time.
- Modification: The court might adjust parts of the trial court’s order without fully reversing it. For instance, it could reduce a damages award if it finds the amount was calculated using an incorrect legal formula.
- Affirmance: If the appellate court finds no significant legal errors occurred, it will affirm the trial court’s decision. The original judgment then stands.
The Anatomy of a California Appeal: A Step-by-Step Overview
Phase 1: Securing Your Right to Appeal
Notice of Appeal
This is the first, and most important, step. In California, you typically have just 60 days after the notice of entry of judgment is served to file a Notice of Appeal, according to California Rules of Court, rule 8.104. Missing this deadline almost always results in forfeiting your right to appeal.
Designating the Record
An appeal is argued solely on the official “record” from the trial. This includes the reporter’s transcript (a verbatim account of everything spoken) and the clerk’s transcript (all the documents filed in the case). We meticulously identify and assemble every part of the record needed to build your arguments.
Phase 2: Crafting the Legal Argument
The Opening Brief
This document is the heart of your appeal. It is a detailed and persuasive legal argument that identifies the trial court’s errors, supports the claims with relevant statutes and case law, and explains why those errors were prejudicial, meaning they likely changed the case’s outcome.
The Respondent’s Brief
The other side then files its brief, arguing that the trial court’s decision was correct and should be upheld.
The Reply Brief
We then have the opportunity to file a final brief to respond to the arguments made by the opposing party.
Phase 3: The Final Stages
Oral Argument
In some cases, the appellate court schedules an oral argument. Here, attorneys for both sides appear before a three-justice panel to argue the main points from their briefs and answer the justices’ questions.
The Decision
After reviewing the briefs and considering the oral arguments, the justices issue a written opinion explaining their decision. This entire process, from filing the notice to receiving a decision, can take a year or longer.
Grounds for an Appeal: What Constitutes a "Reversible Error"?
Appellate courts do not reverse a trial court’s decision for minor or harmless mistakes. A successful appeal must demonstrate a “prejudicial error”—a legal mistake so significant that it likely altered the result of the case. California law places the burden on the appealing party to prove that a different outcome would have been probable without the error.
Identifying a Valid Legal Error
We analyze the trial record for specific grounds for appeal, which usually fall into several categories:
- Incorrect Jury Instructions: The instructions given to the jury must accurately state the law. If a judge provides a legally incorrect instruction or fails to give a required one, it can mislead the jury and form the basis for an appeal.
- Improper Admission or Exclusion of Evidence: The rules of evidence are strict. If the trial judge allowed the jury to see evidence that should have been excluded or blocked you from presenting evidence that should have been admitted, it may be a reversible error.
- Misapplication of the Law: This happens when a judge understands the facts correctly but applies the wrong legal standard or statute to those facts.
- Lack of Sufficient Evidence: In some instances, a verdict may be challenged because there was not enough evidence presented at trial to legally support the jury’s conclusion. This is known as a substantial evidence challenge.
What Does the Appellate Court Actually Look For? Understanding the Standard of Review
An appellate court doesn’t simply rehear the case and substitute its own judgment for the trial court’s. Instead, it examines the lower court’s decisions through a specific legal lens called the “standard of review.” This standard determines how much deference the appellate court gives to the trial judge’s rulings, and it is a central factor in every appeal’s strategy and outcome.
There are three primary standards of review:
- De Novo Review. The Latin phrase “de novo” means “from the new.” This standard is used for pure questions of law, such as the interpretation of a contract or a statute. The appellate court gives no weight to the trial judge’s conclusion and looks at the issue with fresh eyes.
- Substantial Evidence Review. This standard is used for reviewing a jury’s or judge’s factual findings. The appellate court does not reweigh the evidence. It only looks to see if there was any substantial evidence to support the decision, even if there was conflicting evidence. This is a highly deferential standard and makes challenging factual findings very difficult.
- Abuse of Discretion Review. This standard applies to a trial judge’s judgment calls, such as decisions on admitting or excluding evidence. To win under this standard, an appellant must show that the judge’s decision was arbitrary, irrational, or “exceeded the bounds of reason.” This is another difficult standard to meet.
Our role is to build an argument that not only identifies an error but also frames it correctly under the applicable standard of review, showing the appellate justices why the mistake warrants a reversal.
Where California Appeals Are Heard: The Appellate Districts
Appeals from California’s Superior Courts go to one of six appellate districts. The correct district depends on the county where the trial was held. Wade Litigation handles appeals in all of them.
The Six Districts:
- First Appellate District (San Francisco): Serves Bay Area counties including Alameda, Contra Costa, San Francisco, and San Mateo.
- Second Appellate District (Los Angeles): Hears appeals from Los Angeles, Ventura, Santa Barbara, and San Luis Obispo counties.
- Third Appellate District (Sacramento): Covers a large portion of Northern and Central California, including Sacramento and San Joaquin counties.
- Fourth Appellate District (San Diego, Riverside, Santa Ana): This district has three divisions covering Southern California counties like San Diego, Orange, and Riverside.
- Fifth Appellate District (Fresno): Hears appeals from Central Valley counties, including Fresno, Kern, and Stanislaus.
- Sixth Appellate District (San Jose): Our local appellate court, which covers appeals from Santa Clara, Monterey, Santa Cruz, and San Benito counties.
If your case was in a federal district court within California, an appeal goes to the U.S. Court of Appeals for the Ninth Circuit.
Frequently Asked Questions About the California Appeals Process.
How long does an appeal take in California?
The process is lengthy. From filing the Notice of Appeal to receiving a final decision, an appeal typically takes a year or more. The timeline can change depending on the case’s complexity and the specific appellate court’s workload.Does filing an appeal stop the enforcement of the judgment?
Not automatically. If a money judgment was entered against you, the other party can still try to collect it while the appeal is pending. To prevent this, you usually need to post an “appeal bond,” also called a supersedeas bond. This bond guarantees payment of the judgment if you lose the appeal. Under the California Code of Civil Procedure, this bond is typically set at one and one-half times the judgment amount if provided by a qualified surety company.What are the chances of winning an appeal?
Statistically, most trial court judgments are affirmed. This is because appellate courts give significant deference to trial court decisions, as reflected in the standards of review mentioned earlier. A successful appeal requires a compelling argument that a significant legal error occurred and that it affected the outcome. Each case turns on the specific errors present in its record.What is the difference between an appeal and a writ?
An appeal is a review of a final judgment or an appealable order after the case has concluded. A writ, on the other hand, is an extraordinary remedy used to ask a higher court to intervene and correct a specific error while the case is still ongoing. Writs are granted only in rare circumstances where waiting for a final appeal would cause irreparable harm.Do I need a different lawyer for my appeal?
It is almost always better to hire a lawyer who concentrates on appellate practice. Appellate law is a specialized field requiring different skills than trial work. An experienced California appeals lawyer brings a fresh, objective perspective to the case and has deep experience with the unique rules, writing style, and strategic thinking necessary to succeed in the appellate courts.The Initial Verdict Doesn’t Have to Be the Final Word
While winning an appeal is difficult, it is far from impossible when a clear, prejudicial error exists in the record. The key is having an experienced appellate attorney conduct an honest and thorough assessment of your case to determine if you have valid grounds to move forward. Our legal team at Wade Litigation is prepared to provide that clarity. We will review the record from your trial and give you a straightforward analysis of any potential appellate issues and the realities of the path ahead. Don’t let a looming deadline or uncertainty close the door on your options. Contact our office to schedule a consultation about your case. Call Wade Litigation today at 888-705-5059.