The appeal process begins when the appellant files a notice of appeal with the trial court where the case was decided. This gives official “notice” to the court that the decision is being appealed.
The appellant must also serve – which means give – a copy of the notice of appeal to all parties in the case.
There are several steps to file a notice of appeal and it must be filed on time. The appeal will be dismissed if a notice of appeal is filed after the deadline.
Here’s an overview of what to expect in this step of the appeal process and how to prepare a notice of appeal.
A notice of appeal can be filed as soon as there is a final judgment or appealable order . This is when the decision is rendered or entered, which is also called entry of judgment.
When this happens there will be:
If an appeal is filed before the judgment is entered, the appeal may be dismissed as premature – which means the appeal was filed too soon.
A notice of appeal must be filed on time with the trial court or the appeal will be dismissed.
The appellant must serve and file notice of appeal on or before the earliest deadline that applies:
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Here are the steps to serve and file a notice of appeal in an unlimited civil case .
Choose a step to learn more
1. Prepare the notice of appeal form APP-002
The appellant must complete a notice of appeal/ cross-appeal (unlimited civil case) form APP-002. The form is also available at any courthouse.
It’s important to fill out all sections on the form.
Information can be typed directly into the form on the computer. The form should be saved and printed so that it can be given to the trial court and the other parties in the case.
Note: You can only file handwritten documents with the court if you are representing yourself (you do not have an attorney) and you are not a licensed attorney.
2. Serve a copy of the notice of appeal form APP-002 to all other parties
The court requires the appellant to tell the other parties in the case about the appeal. The court calls this serving notice.
Who to serve. If there is more than one other party in the case, each party must be served with a copy of the notice of appeal.
If the other party has a lawyer, then the notice of appeal is served to the lawyer. If the other party does not have a lawyer, then the notice of appeal is served to the other party.
How to serve. There are three ways to serve notice: by mail, in person, or electronically. Anyone can be served by mail or in person, but a recipient must agree to be served electronically.
The court has rules about who can serve notice. The appellant may serve notice electronically (e-file). But if the notice of appeal is mailed or personally delivered, it must be done by a person who is over 18 and not a party to the case.
Proof of service . The appellant must give the court proof that the other parties were served with the notice of the appeal. Appellants are encouraged to use court form APP-009 (serve by mail or in person) or APP-009E (serve electronically) for proof of service. This form tells the court who served notice, who was served with notice, how notice was served, and the date notice was served.
The appellant must give the court one proof of service form for each notice of appeal that is delivered. All sections of the form must be completed and signed by the person who serves notice.
To save time and money, some appellants choose to have the notice of appeal form and the form for the next step in the process – notice designating the record – served to the other parties at the same time, but that is not required.
3. File the original notice of appeal form APP-002 and proof of service with the trial court
The court filing must include the original notice of appeal form APP-002 and original proof of service for all parties in the case.
The appellant should contact the trial court to ask about the specific filing rules and copy requirements in their appeal.
Each trial court has different rules about how to file documents. Some courts require electronic filing (e-filing) on the computer, some require paper filing in person at the court, and some courts give a choice of electronic or paper filing.
If filing on paper, the appellant should keep an extra copy of the notice of appeal and each proof of service. It is a good idea for the appellant to ask the trial court clerk to stamp “filed” on the extra copy of the notice of appeal to show that the original was filed.
The appellant must pay court fees when the notice of appeal is filed. The trial court clerk tells the appellant how much it will cost to file the notice of appeal. This includes a $775 filing fee payable to the Court of Appeal and a deposit payable to the trial court for the record of the case that will be sent to the Court of Appeal.
Filing fees and deposits can be paid by check or money order. Some courts may accept cash or credit card payment.
If an appellant cannot afford to pay for fees in the trial court or Court of Appeal, it is possible to apply for fee waivers. Learn more about fee waivers
The appellant cannot ask for more time to file a notice of appeal. If it is filed late, the appeal will be dismissed.
The time to file a notice of appeal may be extended if there is a timely motion:
The deadline is extended in these situations because they may result in a change to the judgment or order. The time to file a notice of appeal is extended so that the decision to appeal can be based on the court’s final ruling.
If one of these motions or requests has been filed, contact the trial court or carefully review rule 8.108 of the California Rules of Court to find out the deadline for filing a notice of appeal.
The deadline can also be extended if a public entity – like the State of California or a police department – was the defendant in the case and asks the trial court to take certain other actions.
After filing a notice of appeal, the appellant usually designates the record. This is when the appellant reviews the record of what happened in the case and tells the trial court what parts of the record to send the Court of Appeal. The Court of Appeal uses the information it receives in the record on appeal to make a decision. Note that some Courts of Appeal may review the case for mediation before the appellant designates the record.
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