LIMITED CIVIL
Limited Civil (includes
Unlawful Detainers, less than $25,000.00.)
You must file the appeal
within 30 days after the date of mailing the notice of entry of judgment
by the clerk of the court or within 30 days after the date of service of
the notice of entry of judgment by any party or the party filing the
notice of appeal, whichever is earliest. If no notice of entry of judgment
is filed, within 90 days of entry of judgment.
Listed below is the
procedure, pursuant to California Rules of Court, from the time the appeal
is filed until the record is complete and set the to reviewing court.
-
Notice of Appeal
(CRC
121(a)) – The
notice of appeal shall be filed with the clerk of the trial court and
shall be signed by the appellant or by his attorney.
-
Notification by Clerk
(CRC
121(b)) – The clerk of the trial court shall mail a notification of the
filing of the notice of appeal to the attorney of record of each party
other than the appellant, or to the last known address of the party if
not represented. The notification shall include the number and title of
the action and the date the notice of appeal was filed.
-
Time
for filing
(CRC
122) – The appeal shall be filed within 30 days after the date of
mailing the notice of entry of judgment by the clerk of the court or
within 30 days after the date of service of the notice of entry of
judgment by any party or the party filing the notice of appeal,
whichever is earliest. If no notice of entry of judgment is filed,
within 90 days of entry of judgment.
-
Cross-appeal
(CRC
123(c)) – When a timely notice of appeal is filed, any other party may
file a notice of appeal within 10 days after mailing of notification by
the trial court clerk.
-
Notification of Cross-appeal
(CRC
123(d)) – The clerk of the trial court shall mail a notification of the
filing of the notice of cross-appeal to the attorney of record of each
party other than the cross-appellant, or to the last known address of
the party if not represented.
-
Designation of Record
(CRC
124(a) & 125 (a)) – Within 10 days after filing the notice of appeal,
the appellant shall serve on the respondent and file with the clerk of
the trial court a designation of record.
-
Designation by Respondent
(125(b)) – Within 10 days after service of the appellant’s designation,
the respondent may serve on the appellant and file with the clerk a
notice designating additional papers or records.
-
Estimate of Cost
(125(c))
– Once the time to designate has expired, the clerk shall notice the
parties an estimate of costs to prepare the clerks and/or reporter’s
transcript. Payment is due within 10 days of the notification from the
clerk.
-
Agreed or Settled
Statement
(See
CRC 126 & CRC 127)
-
Correction of Record
(CRC
128(a)) – Upon completion of the clerk’s
and/or reporter’s transcripts, the clerk will mail notice thereof.
Within 10 days after mailing of the notice, any party may file a request
for correction. If no request for correction is filed within the time
allowed, the clerk shall certify the record as correct.
-
Transmission and filing
of record
(CRC
130) – Once all fees have been paid and the
record has been certified as correct, the clerk will transmit the record
to the reviewing court.
-
Hearing
(CRC134)
– Upon receipt of the record from the trial court, the appellate clerk
shall set the matter for hearing and notice all parties.
-
Opinion
(CRC
106(b)) – Upon a decision by the appellate
panel, an opinion will issue and mailed to each party. If no objections
to the opinion are filed, the remittitur shall issue.
UNLIMITED CIVIL
Unlimited Civil,
Probate, Family Law, Adoptions and Unlawful Detainers, $25,000.00 or over.
You must file the appeal
on
or before the earliest of the following:
- 60 days 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
See
California Rules
of Court 3 for other provisions for time to file.
General
Information on Appeal Procedures for Unlimited Civil Cases
Listed below is the
procedure, pursuant to California Rules of Court, from the time the appeal
is filed until the record is complete and set the to reviewing court.
-
Notice
of Appeal
(CRC
1(a)) – To appeal from a superior court
judgment or appealable order, the appellant must serve and file a notice
of appeal in that superior court. The notice of appeal must be signed by
the appellant’s attorney or the appellant if not represented.
-
Time to file
(CRC
2(a)) – A notice of appeal must be filed on
or before the earliest of the following:
60 days
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 or service; or
180 days after entry of judgment
See
California
Rules of Court 3 for other provisions for time to file.
-
Fee and deposit
(CRC
1(b)) – The notice of appeal must be
accompanied by a completed fee waiver or applicable filing fee (see fee
schedule for filing fees). The appellant must also deposit $100.00 with
the superior court clerk pursuant to Government Code section 68926.1.
**Note: The $100.00 deposit shall be forfeited in the event of
abandonment or dismissal of appeal prior to filing of the record in the
reviewing court.**
-
Failure to pay fee or deposit
(CRC
1(c)) – If the appellant fails to pay the
filing fee for the appeal, the clerk of the reviewing court shall
immediately notify the appellant in writing to pay the fees or submit a
waiver within 15 days of service of the notice or the appeal will be
dismissed.
If the appellant fails to post the
$100.00 deposit with the superior court clerk, the clerk shall notify
the appellant in writing the appeal will be dismissed unless the
appellant posts the deposit or submits an application for waiver within
15 days of the notice.
If
the appellant fails to comply with the notice from the superior court,
the clerk will notify the reviewing court of a default and the reviewing
court may dismiss the appeal.
-
Notification of filing notice of appeal
(CRC 1(d))
– The superior court clerk shall mail a notification of filing notice of
appeal to the attorney of record for each party, to the party at their
last know address if not represented and to the reviewing court clerk.
*** Note:
“Notice of Appeal” includes a notice of cross-appeal and “appellant”
includes a respondent filing a notice of cross appeal.
-
Reporter’s transcript
(CRC
4) – Within 10 days after filing the notice
of appeal, appellant must serve and file in superior court either a
notice designating a reporter’s transcript or a notice of intent to
proceed without a reporter’s transcript. The respondent may, within 10
days after service of appellant’s designations, serve and file a notice
in superior court designating any additional proceedings. The notice
must specify the date of each proceeding to be included in the
transcript.
Any
notice of designation must be served on each known reporter of the
designated proceedings.
****
Note: If appellant elects to proceed without a reporter’s transcript,
the respondent cannot require a reporter’s transcript be
prepared.
-
Deposit or substitute for cost of reporter’s transcript
(CRC
4(b)) – With the notice of designation, a
party must deposit with the superior court the approximate cost for
transcribing the proceedings designated by using either the reporter’s
written estimate or $325.00 for each partial day designated (not
exceeding 3 hours) or $650.00 for each day designated.
Upon
receipt of the deposit for the reporter’s transcript, the superior court
clerk shall notice the reporter to prepare the transcript for the dates
designated.
In
lieu of the deposit, the party may submit a written waiver of deposit by
the reporter.
-
Clerk’s Transcript
(CRC
5) – Within 10 days after filing the notice
of appeal, an appellant must serve and file a notice in superior court
designating the documents to be included in the clerk’s transcript. The
respondent may, within 10 days after service of appellant’s
designations, serve and file a notice in superior court designating any
additional documents to be included in the clerk’s transcript.
Note: A notice designating a clerk’s transcript MUST identify
each designated document by its title and filing date or, if the filing
date is not available, the date it was signed. For minute orders, it is
sufficient to collectively designate all minute orders or all minute
orders entered between specified dates.
-
Deposit for cost of transcript
(CRC
4(c)) – The superior court clerk shall
notice each party an estimate of cost for the clerk’s and/or reporter’s
transcript on appeal. Within 10 days after the clerk sends a notice of
estimate of cost, the appellant and any party wanting to purchase a copy
of the transcripts shall deposit the estimated cost with the clerk.
Upon
receipt of the deposit for the clerk’s transcript, the superior court
clerk shall, within 30 days of the deposit, prepare the clerk’s
transcript on appeal.
Failure to file a
designation of record or deposit the estimated costs on appeal by the
appellant will cause a default to be entered by the superior court clerk
and may result in the appeal being dismissed.
Upon
completion of the clerk’s and/or reporter’s transcripts, the original
record shall be certified to the Court of Appeal and copies mailed to
all parties who have posted a deposit covering the cost of the
transcripts on appeal.
-
Appendixes instead of Clerk’s Transcript
(CRC 5.1)
– Within 10 days after filing the notice of appeal, any party electing
to proceed by an appendix under this rule instead of by clerk’s
transcript under rule 5 must serve and file a notice of election in
superior court.
The
notice of appeal and designation of record (both clerk’s and reporter’s)
may be included on one pleading or filed separately.
-
Settlement, Abandonment, Voluntary Dismissal, and
Compromise
(CRC
20)
-
Settlement
– If a civil case
settles after a notice of appeal has been filed, the appellant must
immediately serve and file a notice of settlement in the Court of
Appeal. If a clerk’s and reporter’s transcript have been designated
and the record has not been filed in the Court of Appeal, the
appellant must also immediately serve a copy of the notice on the
superior court clerk.
-
Abandonment – Before the record is filed in the
Court of Appeal, the appellant may serve and file in superior court an
abandonment of the appeal or a stipulation to abandon the appeal. The
filing effects a dismissal of the appeal and restores the superior
court’s jurisdiction.
The
superior court clerk must promptly notify the Court of Appeal and the
parties of the abandonment or stipulation.
Abandonment of Appeal form
-
Request to Dismiss
– After the record is filed in the Court of Appeal, the
appellant may serve and file in that court a request or a stipulation
to dismiss the appeal.
On
receipt of a request or stipulation to dismiss, the court may dismiss
the appeal and direct immediate issuance of the remittitur.
-
Approval of Compromise
– If a guardian or
conservator seeks approval of a proposed compromise of a pending
appeal, the Court of Appeal may, before ruling on the compromise,
direct the trial court to determine whether the compromise is in the
minor’s or conservatee’s best interests and to report its findings.
-
Filing the Record
(CRC
11) – Upon completion of the clerk’s and/or
reporter’s transcript, the superior court clerk must promptly send the
original to the reviewing court and a copy to the appellant and any
respondent having paid for the record.
APPEALS LOCATION
Appeals Division
4100 Main Street
Riverside, Ca. 92501
951.955.1565
Business Hours: 7:30 a.m. - 4:00 p.m.
Map and Driving Directions
SMALL CLAIMS APPEAL
Small
Claims appeals are not filed in the Appeals Division they are filed with
the Civil division where the Small Claims action was initially filed.
You will
need to file a
Notice of
Appeal (Small Claims).
Information on How to Appeal Your Judgment
TRAFFIC
Infraction appeals are
filed within 30 days after the order or judgment.
Listed below is the
procedure, pursuant to California Rules of Court, from the time the appeal
is filed until the record is complete and set the to reviewing court.
- If
you proceed by way of a Settled Statement, you must prepare and submit a
Proposed Settled Statement
-
Proposed amendments by the respondent to the Proposed Statement on Appeal
must be filed and served within 15 days after service of a copy of the
Proposed Statement
- Hearing on
Settlement of Proposed Statement on Appeal
(CRC 187) – After the time has passed
for the respondent to file Proposed Amendments to the Proposed Settled
Statement, the clerk will set a hearing to settle the Proposed Statement,
giving at least 5 days notice to all parties.
- Engrossed
Statement (CRC 187) – The
Engrossed Statement must be presented to the bench officer within 5 days
after settlement.
-
Certification by Bench Officer (CRC
187) – Ordinarily completed upon receipt of the Engrossed Statement
or at the conclusion of the hearing on the settlement, if engrossment not
ordered.
- Transfer of
Appeal/Certification of the Record (CRC
190) – Once the record (clerk’s
transcript and reporter’s transcript if applicable) of the trial court’s
proceedings has been prepared, the clerk will certify it to the appellate
division.
- Notice of
Hearing (CRC
103) – The
appellate clerk will set the hearing on appeal and send notice of such
approximately 20 days after the record has been certified to the appellate
division. This 20 day time period will allow the parties to review the
record.
- Opening
Briefs (CRC 105) – The
appellants opening brief (an original and 3 copies) shall be filed within
20 days of the date of the notice of hearing. Respondent shall file their
opening brief within 20 days of the filing of the appellant’s opening
brief. The appellant shall have 10 days to reply to the respondent’s
opening brief.
- Hearing on
Appeal/Decision (CRC106(a)) – At
the time of the hearing, parties making an appearance shall have the
opportunity to argue their appeal. The Appellate Panel will either rule on
the appeal or take the matter under submission.
- Opinion
(106(b)) – Upon a decision by the
appellate panel, an opinion will issue and mailed to each party. If no
objections to the opinion are filed, the remittitur shall issue.
MISDEMEANORS
Misdemeanor appeals are filed within 30 days after the order or judgment.
Listed below is the
procedure, pursuant to California Rules of Court, from the time the appeal
is filed until the record is complete and set the to reviewing court.
-
Notice of Appeal
(CRC 182(a))
– A written notice of appeal must be filed with the clerk of the trial
court, signed by the appellant or the appellant’s attorney. The appeal
shall specify the judgment or order from which the appeal is taken
within 30 days after rendition of the judgment or order. (Judicial
Council form CR130)
-
Notification of Filing Notice of Appeal
(CRC
182(b)) – The clerk of the trial court will mail a notification of the
filing of the notice of appeal to each party other than the appellant.
-
Proposed Settled Statement
(CRC
184(d)) – If an appellant desires to have a statement settled, they
shall serve and file with the court a proposed settled statement within
15 days after filing the notice of appeal. If appellant gives notice
that a reporter’s transcript is to be filed, the appellate clerk shall
notice the reporter to prepare the transcript (Transcripts due within
15 days of date of notice by appellate clerk) The appellate clerk
will mail the transcript to the District Attorney and the attorney of
record.
-
Amendments to Statement or Transcript
(CRC
185) – The respondent may, within 15 days after filing of the statement
or the filing of reporter’s transcript, serve and file proposed
amendments to the statement or transcript, or both.
-
Settlement of Statement or Transcript
(CRC187) – Once the amendments have been filed or upon the expiration of
time to file, the court shall fix a time for settlement of the
statement. The court may deem the transcripts as settled (see below).
The trial judge may direct the appellant to engross the statement as
settled. The appellant shall engross the statement, as corrected and
settled and present to the judge for certification within five (5) days
from the date of settlement.
-
Order
Deeming Transcripts as Settled Statement
– If
both parties proceed with the reporter’s transcript in lieu of a settled
statement, the court may sign an order deeming the transcripts as the
settled statement and certify the record to the Superior Court.
-
Clerks
Transcript
(CRC
183) – Once the trial judge has certified the correctness of the
statement, the clerk shall prepare the clerks transcript on appeal. Once
the record is complete, it shall certify the original transcripts to the
appellate division and mail copies to the parties.
-
Notice of
Hearing/Briefing Schedule – The
appellate clerk shall give notice of the date set for the hearing on
appeal as well as the briefing schedule.
-
Opening
Briefs (CRC
105) – The appellants opening brief (original and 3 copies) shall be
filed within 20 days of the date of the notice of hearing. Respondent
shall file their opening brief within 20 days of the filing of the
appellant’s opening brief. The appellant shall have 10 days to reply to
the respondent’s opening brief.
-
Hearing on
Appeal/Decision
(CRC
106(a) & 190) – At the time of the hearing,
parties making an appearance shall have the opportunity to argue their
appeal. The Appellate Panel will either rule on the appeal or take the
matter under submission.
-
Opinion & Remittitur
(CRC
106(b) & 191) – Upon a decision by they
appellate panel, an opinion will issue and mailed to each party. If no
objections to the opinion are filed, the remittitur shall issue.
FELONY
Information coming soon.
JUVENILE DELINQUENCY
Information coming soon.
JUVENILE DEPENDENCY
Information coming soon.
APPELLATE CALENDAR
The
appellate calendar is heard on the first Friday of the month at 1:30 p.m.
The
notice of hearing on appeal will reflect the department the matter will be
heard in.
HOW TO REQUEST COPIES
Requests for copies is
$.50 per page. If certification is requested, an additional $15.00 per
document will be assessed.
Please
provide the following information:
-
Case Name
-
Case Number
-
Specific documents requested
To
request copies by mail, submit a check payable to “Clerk of the Court”.
DO NOT SEND CASH. If the total amount is unknown, indicate under the
amount line “not to exceed $25.00”. The correct amount will be filled in
and a receipt will be forwarded, along with the requested copies. All
checks must be preprinted with maker’s name and address.
Copies of juvenile records CANNOT be
requested by mail.
Please include a self addressed, stamped
envelope large enough to accommodate the request.
FORMS/FEES
Local Forms
Judicial Council
Fee Schedule
TERMINOLOGY
Appellant – Party who
takes an appeal from one court or jurisdiction to another.
Appellate Brief – Written arguments by counsel required to be filed on why
the trial court acted incorrectly.
Augment – Addition to the official record after it has been certified to
the higher court.
Clerks
Transcript – An official copy of the record in each case of the
proceedings and pleadings necessary for the appellate court to review the
history of the case.
Decision – A determination arrived at after consideration of facts and
law.
Opinion – Statement by a judge or court of the decision reached.
Order –
Direction of a court or judge made or entered in writing.
Remittitur – The returning or sending back of the record by a court of
appeal or appellate court after its decision.
Reporters Transcript – An official copy of the record of proceedings in a
trial or hearing. Word for word typing of everything that was said “on the
record” during the trial.
Respondent – Party who contends against an appeal.
FREQUENTLY ASKED QUESTIONS
An appeal is a request to
a higher court requesting a review of a decision made by a lower court.
The higher court has the authority to sustain, reverse or modify the
decision or judgment rendered in the lower court. Parties cannot introduce
new evidence, witnesses or testimony, but are limited to what happened in
the lower court. The reviewing court or higher court can only determine if
the lower court erred in rendering its decision.
Any party to the action
requesting the higher court to review a decision made by a lower court.
Limited civil appeals are filed within 30 days from the date of mailing of
the Notice of Entry of Judgment. (CRC 122)
Unlimited civil appeals are filed within 60 days from the date of mailing
of the Notice of Entry of Judgment or, if no notice of entry mailed, 180
days from the date the judgment was entered. (CRC 2)
Infractions and Misdemeanor appeals are filed within 30 days after the
order or judgment. (CRC 182)
Felony
appeals are filed within 60 days from judgment. (CRC 30.1)
Juvenile appeals are filed within 60 days after an appealable order or 60
days after the order becomes final under CRC 1417(c).
**All time calculations are calendar days unless otherwise specified as
court
days.**
Any
appeal from a Riverside County Court case can be filed at any court
location within the County of Riverside.
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