Initiating a civil appeal in California courts can seem daunting, but understanding the step-by-step process is key. First, the Appellant must act promptly – typically within 60 days from entry of the trial court’s judgment – to file a notice of appeal with the trial court clerk. This notice alerts the court that the Appellant intends to appeal its decision.
Next, the process of record preparation begins for the Appellant. This involves compiling all the documents, filings, exhibits, and transcripts from the trial phase that will be needed for appeal. While some items are automatically included, it’s wise for the Appellant to request any specific documents or trial transcripts they want the appeals court to review. The Appellant will likely have to pay for preparation of the clerk’s and reporter’s transcripts.
With the record complete, the substantive part of the appeal begins for the Appellant—drafting the opening brief. This legal brief lays out the Appellant’s arguments for why they think the trial court erred in its application of the law or determination of facts. Citing relevant statutes, case law precedents, trial evidence, and the trial record is crucial to frame the Appellant’s position. They must follow all formatting rules and length guidelines. The respondent will subsequently submit their opposing brief, aiming to counter the Appellant’s claims of trial court errors and advocate for affirming the judgment.
The Appellant may then submit an optional reply brief to rebut the respondent’s arguments and reiterate their key points. Depending on the particular appeals court’s procedures, oral arguments may or may not be scheduled—some appeals are decided solely on the briefs. Finally, the appeals court will issue its written decision, either affirming the trial court’s rulings, reversing them, or remanding the case back to the lower court.
With proper preparation and presentation of their legal arguments, you can successfully navigate the appeals process in California civil litigation. Consulting with an civil attorney is highly advisable.