Sep. 16, 2014
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Appeals



If you were represented by an attorney, you should discuss your appeal options with your attorney.

An appeal is a request to a higher court, the appellate court, to review a decision made by a lower court. Parties cannot introduce new evidence, witnesses or testimony.

The appellate court has the authority to sustain, reverse or modify the decision or judgment.

The appellate court can only determine if the lower court erred in rendering its decision.

Small Claims

Small Claims appeals are filed with the Civil Division of the Superior Court where the Small Claims action was initially filed. Small Claims appeals must be filed within 30 days of the judge's decision/judgment. For a general guideline on the process of Small Claims appeals and how to appeal a decision/judgment, go to the California Courts Self-Help Center website.

Traffic

Traffic infraction appeals are filed within 30 days after the judge imposed the sentence.  Your Appeal is filed in the Traffic/Criminal Processing Division.  

California Rules of Court, Rules 8.900 – 8.929, set forth the governing rules on the procedures for Infraction cases.  

Forms:

Below are the Judicial Council forms for Infractions.  These forms are available on line or can be obtained in the Traffic/Criminal Processing Division.

Fees:

There are no filing fees for an Infraction Appeal.

Civil (Limited and Unlimited)

Limited Civil:

A Limited Civil appeal (for disputes involving $25,000 or less, including unlawful detainers), must file your notice of appeal within 30 days. The time period begins after the trial court clerk mails or a party serves either a document called a "Notice of Entry" of the trial court judgment or a file-stamped copy of the judgment, or within 90 days after the entry of judgment, whichever is earlier. This deadline cannot be extended.

For information on filing an appeal in a limited civil case, please review the Judicial Council form APP-101-INFO Information on Appeal Procedures for Limited Civil Appeals.   If your notice of appeal is late, the appellate division will not be able to consider your appeal.  

Judicial Council form APP-102 Notice of Appeal/Cross-Appeal (Limited Civil Case)  may be used to file your appeal.  File your appeal with the clerk in the Civil Division, 463 Second Street, Yuba City, CA  95991.

California Rules of Court, Rules 8.821 – 8.843 and 8.880 – 8.891, set forth the governing rules on procedures for limited civil appeals.

Forms:

Fees:

  • The filing fee for a Limited Civil Appeal up to $10,000 is $225.00 pursuant to Government Code 70621(b).
  • The filing fee for a Limited Civil Appeal $10,000 - $25,000 is $370.00 pursuant to Government Code 70621(a).

Unlimited Civil:

Unlimited Civil appeals (disputes involving more than $25,000, including Unlawful Detainers, Probate, Family Law and Adoptions) must be filed with 60 days. The time period begins after the superior court clerk mails the party filing the appeal a notice of entry of judgment or a file-stamped copy of the judgment, showing the date either was mailed; 60 days after the appellant serves or is served by a party with a notice of entry of judgment or a file-stamped copy of the judgment, accompanied by a proof of service; or 180 days after entry of judgment.

For information on filing an appeal in a unlimited civil case, please review the Judicial Council form APP-001 Information on Appeal Procedures for Unlimited Civil Cases.  If your notice of appeal is filed late, your appeal will be dismissed.  

Judicial Council form APP-002 Notice of Appeal/Cross-Appeal (Unlimited Civil Cases)  may be used to file your appeal.  File your appeal with the clerk in the Civil Division, 463 Second Street, Yuba City, CA  95991.

California Rules of Court, Rules 8.100 – 8.278, set forth the governing rules on procedures for unlimited civil appeals.

Forms:

Fees:

  • The deposit for preparation of clerk’s transcript (payable to Sutter Superior Court) for an Unlimited Civil Appeal is $100.00 pursuant to Government Code 68926.1.
  • The filing fee for an Unlimited Civil Appeal (payable to Court of Appeal) is $755.00  pursuant to Government Code 68926 and 68926.4(b).

Felony

You must file your notice of appeal within 60 days after the rendition of judgment or the making of the order being appealed.

Timeline to Appeal:

For information on filing an appeal in a felony case, please consult with your attorney.  Felony appeals must be filed within 60 days after the trial court makes its final judgment or issues the order you are appealing.  

Judicial Council form CR-120 Notice of Appeal-Felony may be used to file your appeal.  File your appeal with the clerk in the Traffic/Criminal Processing Division, 446 Second Street, Yuba City, CA  95991.

California Rules of Court, Rules 8.240 – 8.272 and 8.300 – 8.368, set forth the governing rules on procedures for felony appeals.

Forms:

Fees:

There are no filing fees for a felony appeal.

Misdemeanors

For information on filing an appeal in a misdemeanor case, please review the Judicial Council form CR-131-INFO Information on Appeal Procedures for Misdemeanors.  Misdemeanor appeals must be filed within 30 days after the trial court makes its final judgment or issues the order you are appealing.  

Judicial Council form CR-132 Notice of Appeal may be used to file your appeal.  File your appeal with the clerk in the Traffic/Criminal Processing Division, 446 Second Street, Yuba City, CA  95991. California Rules of Court, Rules 8.800 – 8.816 and 8.850 – 8.890, set forth the governing rules on procedures for Misdemeanor appeals.

There are no filing fees for a misdemeanor appeal. 

Juvenile

In most cases a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in California Rules of Court, Rule 8.66, no court may extend the time to file a notice of appeal. 

Forms

Appeal forms and instructions can be obtained at any courthouse or county law library or online. Click here for more information.

© 2014 Superior Court of California, County of Sutter