Get Appellate Procedure: Civil Case Information ... - California Courts - Courts Ca

The appellate court is the court that hears the appeal of a trial court's decision. In the information in this section, the term "appellate court" is used to refer to the Court of Appeal or the appellate division of the superior court. The "trial court" is the court that made the decision you are appealing.

Steps in a civil appeal Figure out if you can appeal. Make sure you're allowed to appeal and that you've met the deadlines. File the notice of appeal. ... Designate the record and other filings. ... Prepare and file a brief. ... Oral argument. ... Get the appellate court decision.

The appellate court will review the appeal. -A complete transcript or written record of the trial court proceedings is given to the appellate court. -Rather than hear testimony from witnesses, the appellate court reviews proceedings from the transcript.

There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

There are three ways to look at court case records: Go to the courthouse and ask to look at paper case records. Go to the courthouse and look at electronic case records. If your court offers it, look at electronic case records over the internet. This is called “remote access.”

If you are appealing because you think that the decision of the trial court is not supported by substantial evidence, the appellate court uses the substantial evidence standard of review.

Step 1: File a Notice of Appeal. The first step is to file a Notice of Appeal with the trial court, which is typically at the courthouse where you were sentenced. ... Step 2: Obtain the Record on Appeal. ... Step 3: Submit Briefs. ... Step 4: Present Oral Arguments. ... Step 5: Receive the Court's Decision. ... Step 6: Seek Further Review.