Q: I wish to appeal my case. Is there a fee?
- A: There is no fee for filing an appeal on a traffic, criminal or juvenile court case.
Q: What is the fee for filing an appeal on a civil Limited Jurisdiction case (formerly Municipal Court)?
Q: What is the fee for filing a small claims appeal?
Q: What is the fee for filing an appeal on a Superior Court case?
Q: Can the fees for filing an appeal be waived?
- A: If you qualify for a fee waiver, you may get the fees waived, except for the fees required to pay for court reporter’s transcripts.
Q: Are forms provided for filing an appeal?
- A: There are forms provided for filing small claims, traffic appeals, felonies, misdemeanors and juvenile, under Rule 39. All others must be self-drafted.
Q: Are there instructions available for filing an appeal?
- A: Forms for filing an appeal may be obtained at the clerk’s office.
Q: Where can I get information about filing an appeal?
- A: The rules on appeal are technical. It is helpful to have the advice of an attorney, but it is not required. The California Rules of Court control many of the details of an appeal to the Superior Court. These rules should be followed exactly and may be found in any law library.
Q: How long do I have to file my appeal?
- A: On a decision of the Limited Jurisdiction Court, the notice of appeal must be filed within 30 days of the mailing of the notice of entry of judgment or 30 days from the sentencing. For a non-criminal case, if notice was never mailed or personally served, the appeal period is 90 days from the entry of judgment by the court. On a decision of the Unlimited Jurisdiction Court, the notice of appeal must be filed within 60 days of the mailing of the notice of entry of judgment or 60 days from the sentencing. For a non-criminal case, if notice was never mailed or personally served, the appeal period is 180 days from the entry of judgment by the court.
Q: Will I get a new hearing or trial and can I introduce new evidence and witnesses?
- A: Except for small claims matters, appeals are an examination of the original hearing or trial by judges of the next higher court. No new evidence or witnesses can be introduced. If your appeal stems from a small claims matter you will have a new trial and you must present your evidence and any witnesses again.
Q: I was found guilty in a criminal case and have filed an appeal. Do I still have to comply with all of the terms of the court order or can I wait until my appeal has been decided?
- A: The filing of an appeal does not stop the enforcement of the judgment. You must still comply with the terms of the court order, or request a stay of execution pending the outcome of the appeal.
Q: I'm the plaintiff in a small claims case and I lost my claim. May I appeal the court's decision?
- A: The court's decision on your claim is final. You may not appeal your own claim.
Q: An attorney wasn't allowed to represent me at my small claims trial. Can I have an attorney represent me for the appeal?
- A: Yes, you may be represented by an attorney at the appeal.
For answers to questions specific to individual appeals, you must contact the clerk's office.