ADA
appeals

This page tells you about:

  1. What is an appeal?
  2. Is an appeal a new trial?
  3. Can anyone appeal?
  4. What are most appeals based on?
  5. Where do I file my appeal?
  6. What if I want more information?
  1. What is an appeal?

    After a jury or court trial, you can ask a higher court (called an appellate court) to review the decision in your case. This is called an appeal.

    An information sheet, Information on Appeal Procedures for Misdemeanors , is available on the State Judicial Council website.

  2. Is an appeal a new trial?

    No. The appellate court can review the evidence (testimony and exhibits) presented at your trial.

  3. Can anyone appeal?

    You can only appeal if:
     
    1. You say there was not enough evidence in your trial to justify the verdict or judgment; and/or
    2. You say there were mistakes of law during or before the trial that hurt your case.

    If you say there was not enough evidence in your trial to justify judgment, the appellate court will review the record and decide if there was substantial evidence to support the judgment.

    If you say mistakes of law were made, the appellate court will listen to both parties. Then, they will decide if there was any irregularity or mistake that prejudiced (hurt) your case.

  4. What are most appeals based on?

    Most appeals have to do with mistakes in the law or legal procedures.
     
    • Where do I file my appeal?

      For misdemeanor cases, you must file a Notice of Appeal within 30 days of the date of the judgment or order. You must file your Notice of Appeal at the clerk’s office where the trial was heard.

      For felony cases, you must file a Notice of Appeal within 60 days of judgment or order. You must file your Notice of Appeal at the clerk’s office at the courthouse where the trial was heard.

    • What if I want more information?

      For more information about misdemeanor and felony case appeals, review the California Appellate Rules of Court .

      You can also look for these rules in the law library . They are very important. Be sure to read them and follow them exactly.
© 2014 Superior Court of California, County of Santa Clara