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What is an appeal? What is the procedure?
Understanding an appeal requires understanding our court system. The California court system consists of three basic levels: the trial courts; the Court of Appeal; and, the California Supreme Court. The federal court system is similarly constructed, with the United States Supreme Court being the final destination.
The trial court is where the factual portion of the case is developed. Where the parties disagree on the facts of the dispute, they have a trial. The facts at trial are made up of evidence which is properly brought before the court. The decider in the trial court may be a jury or the judge.
The party that loses, or does not completely get what they seek, is an aggrieved party. They may seek appeal of the trial court's findings. They must argue that the trial court made a mistake in permitting or excluding certain evidence or made a mistake about applying the law to the facts. It is possible for the other party to bring a cross-appeal, if appropriate to do so.
This mistake must have effected the outcome of the case. Where an aggrieved party argues that the trial court erred, and that the error effected the case, they will seek to have the Court of Appeal reverse the trial court's determination. However, no new evidence is permitted on appeal. With very few exceptions, the facts are limited to the evidence admitted at trial.
The California Court of Appeal will review all appeals properly brought before it. The aggrieved party initiates an appeal by filing a "Notice of Appeal" in the trial court. After filing a Notice of Appeal, the trial court will prepare the "record on appeal" and transmit it to the Court of Appeal. The record on appeal is all of the pleadings and all of the court reporting of testimony during trial.
Once the record on appeal is transmitted to the Court of Appeal, the Court of Appeal will notify the parties. A "briefing schedule" is set. The party appealing, called the "appellant," must file their Appellant's Opening Brief typically within 30 days of the record on appeal being perfected with the Court of Appeal. The Appellant is permitted more time in extraordinary cases, such as death penalty cases. An appellant may ask for an extension of time to file their brief if they need additional time.
One the Appellant files their Appellant's Opening Brief, the "respondent" has 30 days to file a brief. Again, they may seek more time, if needed. This is the "Respondent's Brief." In federal court, the respondent is called the "appellee."
Once the Respondent's Brief is filed, the appellant may file a "Reply Brief." If the Court of Appeal has additional questions About the law, it may request that the parties file supplemental briefs or "letter briefs." Once everything has been filed, the briefing is completed. Oral argument is set. This is the opportunity for the parties to argue their points before the Court of Appeal panel of Justices reviewing the appeal. While not always strictly observed, the parties are given time limits for oral argument. A party will fill out a form requesting or waiving oral argument.
After oral argument, the Court of Appeal will finish their review and issue a written opinion. Some opinions are "published," most are not. If an opinion is published, it becomes citable law. In another words, it becomes part of the body of law.
The party that loses in the Court of Appeal may seek review in the California Supreme Court. Everyone may ask for review through the process called a "Petition for Review." However, the California Supreme Court picks only the cases it wants to hear. This is a small percentage of the cases brought before it.
This same process occurs in the federal courts. For example, in the Los Angeles area, the trial court is the United States District Court for the Central District of California. Appeal from this court would go to the Ninth Circuit Court of Appeals. (Notice California state is "appeal" and federal is "appeals.")
An appeal may make its way to the United States Supreme Court either from the California Supreme Court or the Ninth Circuit Court of Appeals. To go from the California Supreme Court to the United States Supreme Court, there must be a "federal question." In other words, the appeal must have something to do with the United States Constitution or a United States statute.
Like the California Supreme Court, the United States Supreme Court picks and chooses which cases it wants to hear. Convincing the United States Supreme Court to hear a case is a procedure all by itself. This is called a "Petition for Writ of Certiorari." If the Petition for Writ of Certiorari is granted, a briefing schedule is set for the parties to present their case and, ultimately, argue before the United States Supreme Court.
Depending on the orders of the appellate courts, the litigation may go all the way back down the chain, part of the way back down, or end in the appellate court. IMPORTANT: The time frame for taking an appeal is strictly regulated in the State of California and in the federal courts. This is jurisdictional. The rules are complex. Failure to file a Notice of Appeal within the specified time frame will prevent the appeal from being heard. The rules regarding timely filing of appeals are complex. A Notice of Appeal must be filed within 60 days of the entry of judgment. In California, where there is no Notice of Entry of Judgment or where there are post-trial motions, in no event may a Notice of Appeal be filed more than 180 days from the judgment from which appeal is taken. Appeal from a guilty plea requires a special procedure for obtaining a "certificate of probable cause." A qualified appellate attorney should immediately be consulted when considering appeal. |
