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How to file notice of appeal Fill out notice and make copies. Fill out: ... Serve your notice. Serve the other side (the respondent) with a copy of your Notice of Appeal. ... File Notice and Proof of Service. File the original of your Notice of Appeal and Proof of Service.
The California Constitution generally requires appellate courts to decide a case in a written opinion setting forth the facts and rules of law upon which the decision is made.
Also, certain kinds of cases go directly to the Supreme Court and are not heard first in a Court of Appeal, such as: Death penalty appeals, and. Disciplinary cases involving judges.
The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. 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.
The Courts of Appeal cannot review death penalty cases. In each Court of Appeal, a panel of three judges, called "justices," decides appeals from Superior Courts.