The Role of Appellate Courts in California
The California appellate court system plays a crucial role in the state’s judicial process by reviewing the decisions of trial courts and ensuring that legal errors are not made (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts). Unlike trial courts, appellate courts do not conduct new trials but instead examine the record of the trial court, including court files and transcripts, to determine if any legal errors occurred (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts).
Key Facts
- Role of the Appellate Court:
- The appellate court’s role is not to provide new trials but to review the record of the trial court, including court files and transcripts, to assess if legal errors occurred.
- The appellate court may hear arguments from both sides, allowing each party to present their case and respond to the judges’ questions.
- Types of Appeals:
- Appeals of limited civil cases (involving an amount of $35,000 or less) are heard in the appellate division of the local superior court.
- Appeals of unlimited civil cases (such as those involving an amount over $35,000 and family law cases) are heard in one of the six California Courts of Appeal.
- Appellate Division of the Superior Court:
- The appellate division of the superior court handles appeals and petitions for extraordinary writs in limited civil cases.
- Every superior court has an appellate division, and you can find local rules and other information on the superior court’s website or by contacting the court clerk.
- California Courts of Appeal:
- There are six appellate districts in California, each with its own Court of Appeal.
- Each district Court of Appeal hears appeals from the decisions of the trial courts within its jurisdiction.
- The Court of Appeal also handles certain cases that do not originate in the superior court, such as petitions for extraordinary writs in unlimited civil cases.
During an appeal, the appellate court hears arguments from both parties involved in the case. Each party presents their case and responds to questions from the judges (https://www.scscourt.org/general_info/community/courtsystem.shtml). The appellate court then deliberates and issues a written opinion explaining its decision.
Types of Appeals in California
There are two main types of appeals in California: limited civil appeals and unlimited civil appeals (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts). Limited civil appeals involve cases where the amount in controversy is $35,000 or less. These appeals are heard in the appellate division of the local superior court (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts).
Unlimited civil appeals involve cases where the amount in controversy is over $35,000, as well as family law cases (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts). These appeals are heard in one of the six California Courts of Appeal (https://www.courts.ca.gov/courtsofappeal.htm).
Appellate Division of the Superior Court
Each superior court in California has an appellate division that handles appeals and petitions for extraordinary writs in limited civil cases (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts). Local rules and other information about the appellate division can be found on the superior court’s website or by contacting the court clerk (https://selfhelp.courts.ca.gov/civil-appeals/appellate-courts).
California Courts of Appeal
California is divided into six appellate districts, each with its own Court of Appeal (https://www.courts.ca.gov/courtsofappeal.htm). Each district Court of Appeal hears appeals from the decisions of the trial courts within its jurisdiction (https://www.courts.ca.gov/courtsofappeal.htm).
In addition to hearing appeals from trial courts, the Courts of Appeal also handle certain cases that do not originate in the superior court, such as petitions for extraordinary writs in unlimited civil cases (https://www.courts.ca.gov/courtsofappeal.htm).
Conclusion
The California appellate court system plays a vital role in ensuring the fairness and accuracy of the state’s judicial process. By reviewing the decisions of trial courts and correcting any legal errors, the appellate courts help to uphold the rule of law and protect the rights of individuals.
Sources
- California Courts: Appellate Courts
- Santa Clara County Superior Court: Court System
- California Courts of Appeal
FAQs
What is the purpose of the California appellate court?
The California appellate court reviews the decisions of trial courts to ensure that legal errors are not made. Appellate courts do not conduct new trials but instead examine the record of the trial court, including court files and transcripts, to determine if any legal errors occurred.
What types of cases does the California appellate court hear?
The California appellate court hears two main types of cases: limited civil appeals and unlimited civil appeals. Limited civil appeals involve cases where the amount in controversy is $35,000 or less. Unlimited civil appeals involve cases where the amount in controversy is over $35,000, as well as family law cases.
How many appellate districts are there in California?
There are six appellate districts in California, each with its own Court of Appeal. Each district Court of Appeal hears appeals from the decisions of the trial courts within its jurisdiction.
What is the difference between the appellate division of the superior court and the California Courts of Appeal?
The appellate division of the superior court handles appeals and petitions for extraordinary writs in limited civil cases. The California Courts of Appeal hear appeals from trial courts in both limited and unlimited civil cases, as well as certain cases that do not originate in the superior court, such as petitions for extraordinary writs in unlimited civil cases.
How do I file an appeal with the California appellate court?
To file an appeal with the California appellate court, you must file a notice of appeal within 60 days of the trial court’s decision. The notice of appeal must be filed with the clerk of the trial court and must state the grounds for the appeal.
What is the process for an appeal in the California appellate court?
Once a notice of appeal is filed, the appellant must file an appellant’s brief within 40 days. The respondent then has 30 days to file a respondent’s brief. The appellant may then file a reply brief within 20 days. The appellate court will then review the briefs and may schedule oral argument. After oral argument, the appellate court will issue a written opinion explaining its decision.
How long does it take for the California appellate court to decide an appeal?
The time it takes for the California appellate court to decide an appeal varies depending on the complexity of the case. However, most appeals are decided within one year of the notice of appeal being filed.