Appeals

What is an Appeal?

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 may file an appeal.

Find Information About ...

Small Claims

Small Claims appeals are not filed in the Appeals Department. They are filed with the Civil Division of the Superior Court where the Small Claims action was initially filed.

Timeline to Appeal:

Small Claims appeals are filed within 30 days after the judge made a decision/judgment. If the decision/judgment was mailed, the party has 30 days from the date the decision/judgment was mailed. The date will reflect on the copy of the 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.

Infraction (Traffic)
Timeline to Appeal:

Infraction appeals are filed within 30 days after the order or judgment.

This website serves as a general guideline of the appeal process for Infraction cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.900 – 8.929, which set forth the governing codes on the procedures for Infraction cases.

Forms:

Below are the links to commonly used Appeal forms for Infractions. Any Judicial Council Form can be obtained at any courthouse or county law library or online.

Obtain detailed information for the process of appeals on Infraction cases.

Misdemeanor
Timeline to Appeal:

Misdemeanor appeals are filed within 30 days from the date of sentence or order that is being appealed.

This website serves as a general guideline of the appeal process for Misdemeanor cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.800 – 8.816 and 8.850 - 8.890, which set forth the governing codes on the procedures for Infraction cases.

Forms:

Below are the links to commonly used Appeal forms for Misdemeanors. Any Judicial Council Form can be obtained at any courthouse or county law library or online.

Obtain detailed information for the process of appeals on Misdemeanor cases.

Limited Civil

Limited Civil (Disputes involving $25,000.00 or less – includes unlawful detainers.)

Timeline to Appeal:

With very limited exceptions (see California Rules of Court, Rule 8.823), you must file your notice of appeal within 30 days 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 for filing the notice of appeal cannot be extended.  If your notice of appeal is late, the appellate division will not be able to consider your appeal.

This website serves as a general guideline on the appeal process for Limited Civil cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.843 and 8.880-8.891, which set forth the governing codes on the procedures for Limited Civil cases.

Forms:

Below are the links to commonly used Appeal forms for Limited Civil cases. Any Judicial Council Form can be obtained at any courthouse or county law library or online.

Obtain detailed information for the process of appeals on Limited Civil cases.

Writ Proceedings (Misdemeanor, Infraction, and Limited Civil)
Timeline to Appeal:

For common law writs or statutory writs where the statute does not set a deadline, you should file the petition as soon as possible and not later than 30 days after the court makes the ruling you are challenging in the petition. (See Page Seven of Information on Writ Proceedings).

This website serves as a general guideline on the process for writ proceedings in Misdemeanor, Infraction and Limited Civil cases.  To learn more you should read Title 8 of the California Rules of Court, Rules 8.930 -8.936, which set out the procedures for writ proceedings in the appellate division.

Forms:

Below are the links to commonly used forms for Writ Proceedings (Misdemeanor, Infraction and Limited Civil Cases). Any Judicial Council Form can be obtained at any courthouse or county law library or online

Obtain detailed information for the process on Writ Proceedings.

Unlimted Civil

Unlimited Civil (Disputes involving more than $25,000.00 - includes Unlawful Detainers). Unlimited Civil also includes Probate, Family Law and Adoptions.

Timeline to Appeal:

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.

This website serves as a general guideline on the appeal process for Unlimited Civil cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.100 - 8.276, which set forth the governing codes on the procedures for Unlimited Civil cases.

Forms:

Below are the links to commonly used Appeal forms for Unlimited Civil cases. Any Judicial Council Form can be obtained at any courthouse or county law library or online.

Obtain detailed information for the process of appeals on Unlimited Civil cases.

Felony
Timeline to Appeal:

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

This website serves as a general guideline of the appeal process for Felony cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.300 – 8.368, which set forth the governing codes on the procedures for felony cases.

Forms:
Juvenile Appeals and Writs
Timeline to Appeal:

The timeline to file an appeal on Juvenile cases is as follows:

  1. Except as provided in (2) and (3) below, 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.
  2. In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee’s order becomes final under Rule 5.540(c).
  3. When an application for rehearing of an order of a referee not acting as a temporary judge is denied under Rule 5.542, notice of appeal from the referee’s order must be filed within 60 days after that order is served under Rule 5.538(b) (3) or 30 days after entry of the order denying the rehearing, whichever is later.

This website serves as a general guideline of the appeal process for Juvenile cases. To learn more you should read Title 8 of the California Rules of Court, Rules 8.400 – 8.474, which set forth the governing codes on the procedures for Juvenile cases.

Forms:

Below are the links to commonly used Appeal forms for Juvenile cases. Any Judicial Council Form can be obtained at any courthouse or county law library or online.

Where to File Your Appeal

Pursuant to Local Rule 1.0015, Part VII, regardless of the region or courthouse in which the judgment or appealable order was issued:

In all appeals to the Court of Appeal, all notices of appeal and documents concerning the designation and preparation of the record may be filed at any courthouse within Riverside County.

To expedite processing, parties are encouraged to file notices of appeal and related documents in the Appeals Department located at the Hall of Justice in Riverside, 4100 Main Street, Riverside, CA 92501.

Notices of appeal and related documents may be fax filed to the Appeals Department at 951.777.3727 at no charge.

In all appeals to the Appellate Division of the Riverside County Superior Court, all notices of appeal and all subsequent documents shall be filed at the Hall of Justice in Riverside.

Infractions:

All notices of appeal and all subsequent documents shall be filed at the courthouse in which the judgment was issued.

Small Claims:

Small Claims appeals are not filed in the Appeals Department. They are filed with Civil Division of the Superior Court where the Small Claims action was initially filed.

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