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Appeals

Appeals

An appeal is a review of the trial court's decision by another court. Generally, the appeal must be based on an argument that a legal error was made by the trial court. An appeal is not a retrial. You will not be permitted to introduce new evidence, and the appellate court will not reassess conflicting evidence. You may not appeal on behalf of a friend, a spouse, a child, or other relative (unless you are a legally appointed guardian). The party who files the appeal is called the appellant. The opposing parties are the respondents.

     

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    A brief is a party's written description of the facts in the case, the relevant law, and the party's argument. The brief must clearly explain, using references to the Clerk's and Reporter's Transcripts, the claimed legal errors in the trial court proceedings. After the record is filed in the appellate court, you will receive a notice telling you when to file your brief. The appellant's failure to file an opening brief may result in dismissal of the appeal.

    Since the appellate court was not present at the trial or other proceedings, there must be an official record of the proceedings for the appellate court to review in assessing the appeal. In criminal appeals, the trial court will prepare the standard record as specified in the California Rules of Court, unless the trial judge has granted a request for additional items. In civil appeals, the appellant must tell the trial court what documents and oral proceedings, if any, to include in the record that will be sent to the appellate court. This is done by filing a Judicial Council Notice Designating Record on Appeal. The appellant's failure to file this notice may result in dismissal of the appeal. The respondent may also request documents by filing a Notice Designating the Record on Appeal; however, the respondent's failure to do so will not affect the appeal.

    Clerk's Transcript

    The Clerk’s transcript is a compilation of the documents filed in the trial court.

    In criminal appeals, the Clerk’s Transcript will include those documents required by the California Rules of Court. There is no charge for preparing the Clerk’s Transcript in felony and death penalty appeals. In limited civil and misdemeanor appeals, the clerk’s transcript is the original trial court file pursuant to Shasta County Superior Court Local Rule 17.01.

    In unlimited civil appeals, you must designate each document you want included by its title and filing date. If the filing date is not known, the date the document was signed may be used. The superior court clerk will send the parties a bill for the cost of preparing the Clerk’s Transcript. The appellant is responsible for paying for the appellate court’s copy as well has his own. The respondent may buy a copy of the transcript, but is not obligated to do so. Costs must be paid within 10 days or the appeal may be dismissed.

    Reporter's Transcript

    A Reporter's Transcript is a written record (often called the "verbatim" record) of the oral proceedings in the trial court. A reporter's transcript is not required but is usually necessary. In felony and death penalty appeals, the Reporter's Transcript will include those hearing dates required by the California Rules of Court. In other appeals, the parties must designate each date to be included. With the notice designating the Reporter's Transcript, you must deposit the approximate cost of transcribing the proceedings designated. The cost may be obtained from the reporter's written estimate. If you have been granted a waiver of court fees and costs, you must still pay the Reporter's Transcript costs or motion the court for a free copy of the transcript. To request a reporter's written estimate, contact the Court Reporter's Office, prior to filing the designation. A Reporter's Transcript is not available in all cases. A transcript of testimony can be established by a settled statement or, in civil cases only, an agreed statement.

    Please check filing fees for the Notice of Appeal. Checks or money orders should be made payable to Shasta County Superior Court, with the exception of the filing fee for the Court of Appeal. If you cannot afford to pay the filing fees and other court costs, you may qualify for a waiver of those costs. You may obtain the Application for Waiver of Court Fees and Costs at the Courthouse in Redding or by downloading the two forms below. There is no charge to file the application. Failure to pay the filing fee or obtain a waiver may result in dismissal of your appeal.

    The first step in an appeal is filing the written Notice of Appeal. This notice tells the other parties in the case and the court that you are appealing a decision of the trial court. The Notice of Appeal must be filed with the Appeals Unit before the filing deadline. For example, the Notice of Appeal in a felony case must be filed within 60 calendar days after sentencing. To find the filing deadline for your case, see the California Rules of Court, Rules 8.1-8.793. The Notice of Appeal may be written on pleading paper or can be made by completing the form specific to your type of appeal. Below are links to the more commonly used forms. Other forms can be found on the Judicial Council web site.

    There are other time limits and regulations in proceeding with an appeal. Read the California Rules of Court to verify that you are meeting the timelines for every step. Failure to meet deadlines may result in dismissal of your appeal.

    When the record is filed in the appellate court, you will receive notice of the time for oral argument. This hearing will be set far enough in advance to allow time to get all briefs filed. The Shasta County Superior Court holds oral arguments on the 3rd Tuesday morning of the month at 8:00 a.m. They are currently held in Department 64, however it is always practical to check the hearing notice for the correct courtroom. You may appear at oral argument or give up your right to argue your case at a hearing. If you give up the right, you should contact the appellate court's clerk in writing and tell the court you are submitting the appeal on the briefs and the record. If you attend the hearing, you cannot present witnesses or evidence. The judges will have read your briefs and the record, so try to stress the important points rather than reading your brief to the court. After the hearing, you will be informed by mail of the decision.

    Within five days after the dog has been declared potentially dangerous or vicious by an agency OTHER THAN THE CITY OF REDDING, the owner or keeper, within 5 calendar days may appeal to the Superior Court by using the judicial council form. IF THE APPEAL IS FROM A CITY OF REDDING DECISION, the appeal must comply with the City of Redding Municipal Code, Title 7, and a Petition for Writ of Mandate must be filed. In either of these instances, a filing fee is required or a fee waiver request must be filed.

    This appeal is filed in the Civil Division Office.

    Within 30 calendar days after the mailing or personal delivery of the final decision of a Parking Appeal from an agency the contestant may seek review by filing an appeal to be heard by the Superior Court. A proceeding under this subdivision is a limited civil case.

    This appeal is filed in the Civil Division Office.

    A small claims appeal is a trial de novo or new trial. You must file an appeal within thirty days of the mailing of Notice of Entry of Judgment. Refer to California Rules of Court, Rule 8.950 through 8.966 and see detailed information at the Judicial Council's web site.

    This appeal is filed in the Civil Division Office.

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