What is an Appeal?
An appeal is a review of the trial court’s decision by another court. A party may appeal an unfavorable judgment and certain orders. Generally, the appeal must be based on an argument that a legal error was made by the trial court.
You should consult with an attorney as soon as possible before you file an appeal because the law imposes strict timelines for filing an appeal. In some instances, you may qualify for a Court appointed attorney to handle your appeal.
An appeal is not a retrial. You will not be permitted to introduce new evidence, and the appellate court will not reassess conflicting evidence.
You may not appeal on behalf of a friend, a spouse, a child, or other relative (unless you are a legally appointed guardian).
The party filing the appeal is called the appellant. The opposing partings are the respondents.
NOTE: The information contained in this page does not apply to appeals from a small claims judgment.
Filing a Notice of Appeal
The first step in the appeal process is filing the written Notice of Appeal. This notice tells the other parties in the case and the court that you are appealing a decision of the trial court.
The Notice of Appeal must be filed with the Nevada County Superior Court before the filing deadline. For example, the Notice of Appeal in a felony case must be filed within 60 calendar days after sentencing (California rules of Court, Rule 8.308). To find the filing deadline for your case, see the California Rules of Court, Rules 8.1 – 8.1125 .
The Notice of Appeal may be written on pleading paper or can be made by completing the form specific to your type of appeal. Below are links to the more commonly used forms. You can access appeal forms here: www.courts.ca.gov/8545.htm.
There are other time limits and regulations in proceeding with an appeal. Read the California Rules of Court to verify that you are meeting the timelines for every step. Failure to meet deadlines may result in dismissal of your appeal.
Fee & Fee Waivers
The filing fees for the Notice of Appeal can be found on the court's fee schedule. Checks or money orders should be payable to Nevada County Superior Court, with the exception of the filing fee for the Court of Appeal.
If you cannot afford to pay the filing fees and other court costs, you may qualify for a waiver of those costs. You may obtain the Application for Waiver of Court Fees and Costs at the various court locations or by downloading the forms . There is no charge to file the application. Failure to pay the filing fee or obtain a waiver may result in dismissal of your appeal.