California Rules of Appellate Procedure: How to File an Appeal

The California Rules of Appellate Procedure (CRAP) govern how to file an appeal in the state’s appellate courts. If you lose a case in a California trial court, you have the right to challenge the decision by filing an appeal, but strict deadlines and procedural rules apply.

The Notice of Appeal must be filed within 60 days of the trial court’s final judgment or order (or 30 days for certain criminal or juvenile cases). Missing this deadline forfeits your right to appeal.

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The California Rules of Appellate Procedure (CRAP) are codified in the California Rules of Court, Title 8. These rules apply to appeals filed in the California Courts of Appeal and the California Supreme Court. Key governing authorities include:

• California Constitution, Article VI (establishes the state’s judicial system)
• California Rules of Court, Title 8 (Appellate Rules) – Official Link
• California Code of Civil Procedure (CCP) §§ 901-923 (appeals from superior courts)
• California Penal Code § 1237 (criminal appeals)
• California Welfare and Institutions Code § 395 (juvenile dependency appeals)

The Judicial Council of California administers these rules, and the Appellate Clerk’s Office in each district enforces compliance.

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1. Determine Appealability & Deadlines

Not all trial court decisions are appealable. Only final judgments or appealable orders (e.g., orders granting summary judgment, denying a motion to quash) can be challenged.

Exception: If the trial court grants a motion for new trial or motion to vacate judgment, the deadline resets to 30 days from the order denying the motion (CRAP Rule 8.108).

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2. File the Notice of Appeal

The Notice of Appeal is the first and most critical document. It must include:

• Case name and number from the trial court
• Date of the judgment or order being appealed
• Name of the appellate district (e.g., First Appellate District, Division One)
• Signature of the appellant or attorney

Where to File:

• Civil & Criminal Appeals: File in the trial court that issued the judgment (CRAP Rule 8.100).
• Juvenile Appeals: File in the juvenile court (Welf. & Inst. Code § 395).
• Small Claims Appeals: File in the small claims court (CCP § 116.720).

Filing Fee:

• $775 for civil appeals (as of 2024, subject to change)
• No fee for indigent appellants (file Form APP-002, Application for Waiver of Court Fees)
• No fee for criminal appeals (Penal Code § 1237.5)

Electronic Filing (E-Filing):

• Mandatory in all California Courts of Appeal (CRAP Rule 8.70).
• Use the Appellate Courts’ Case Management System (ACMS) – ACMS Portal.

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3. Designate the Record on Appeal

The record on appeal includes all documents, transcripts, and exhibits from the trial court. You must designate what should be included.

Costs:

• Clerk’s Transcript: $0.50 per page (CRAP Rule 8.124).
• Reporter’s Transcript: $325 per day (varies by court reporter).
• Exhibits: $50 per exhibit (if not already in the clerk’s file).

Failure to Designate: If you miss the deadline, the appellate court may dismiss your appeal (CRAP Rule 8.140).

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4. Prepare & File the Appellant’s Opening Brief

The Appellant’s Opening Brief (AOB) is your primary argument. It must comply with strict formatting rules (CRAP Rule 8.204).

Requirements for the Appellant’s Opening Brief:

• Length: No more than 14,000 words (or 50 pages if handwritten).
• Font: 13-point Times New Roman (or equivalent).
• Margins: 1-inch on all sides.
• Cover Page: Must include:
• Case name and number
• Appellate court district and division
• Title of the brief (e.g., "Appellant’s Opening Brief")
• Attorney name, State Bar number, and contact info

Mandatory Sections:

1. Table of Contents
2. Table of Authorities (cases, statutes, rules cited)
3. Statement of Appealability (why the order is appealable)
4. Statement of the Case (procedural history)
5. Statement of Facts (neutral summary of trial evidence)
6. Argument (legal analysis, divided into issues presented)
7. Conclusion (request for relief)

Filing Deadline:

• Civil Appeals: 40 days after the record is filed (CRAP Rule 8.212).
• Criminal Appeals: 30 days after the record is filed (Penal Code § 1240.1).
• Juvenile Appeals: 30 days after the record is filed (Welf. & Inst. Code § 395).

Extension Requests:

• File Form APP-006 (Application for Extension of Time) before the deadline.
• Maximum extension: 60 days (CRAP Rule 8.60).

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5. Respondent’s Brief & Reply Brief

• Respondent’s Brief: Filed 30 days after the Appellant’s Opening Brief (CRAP Rule 8.216).
• Appellant’s Reply Brief: Filed 20 days after the Respondent’s Brief (CRAP Rule 8.220).
• Length Limits: Same as the Appellant’s Opening Brief (14,000 words or 50 pages).

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6. Oral Argument (Optional)

• Either party may request oral argument (CRAP Rule 8.256).
• The court may deny the request if the briefs sufficiently present the issues.
• If granted, argument is limited to 15 minutes per side (CRAP Rule 8.256(c)).

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7. Appellate Court Decision

The California Court of Appeal issues a written opinion (published or unpublished). Possible outcomes:

• Affirm (uphold the trial court’s decision)
• Reverse (overturn the trial court’s decision)
• Remand (send back to the trial court for further proceedings)
• Dismiss (if procedural errors exist)

Timeline:

• Civil Appeals: 90 days from submission (CRAP Rule 8.264).
• Criminal Appeals: 120 days from submission (Penal Code § 1240.1).

Petition for Rehearing:

• Must be filed within 15 days of the decision (CRAP Rule 8.268).
• Rarely granted.

Petition for Review to California Supreme Court:

• Must be filed within 10 days of the Court of Appeal’s decision (Cal. Rules of Court, Rule 8.500).
• The Supreme Court denies review in over 90% of cases.

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1. Missing the Notice of Appeal Deadline

• Consequence: Dismissal of appeal (CRAP Rule 8.104).
• Exception: Relief from default may be granted if you file a motion to extend time within 30 days of the deadline (CRAP Rule 8.60).

2. Failing to Designate the Record

• Consequence: The appellate court may dismiss the appeal for failure to prosecute (CRAP Rule 8.140).
• Solution: File a motion to augment the record if you missed something (CRAP Rule 8.155).

3. Non-Compliant Briefs

• Consequence: The court may strike the brief and order a new one (CRAP Rule 8.204(e)).
• Common Mistakes:
• Exceeding word limits
• Missing required sections (e.g., Table of Authorities)
• Improper citation format

4. Failure to Pay Fees

• Consequence: The court may dismiss the appeal (CRAP Rule 8.25).
• Solution: File Form APP-002 (Fee Waiver Application) if indigent.

5. Waiver of Issues Not Raised in Trial Court

• Rule: The appellate court will not consider issues not raised in the trial court (CRAP Rule 8.204(a)(2)(C)).
• Exception: Plain error in criminal cases (People v. Watson (1956) 46 Cal.2d 818).

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### Can I file an appeal without a lawyer in California?

Yes, you can file an appeal pro se (without an attorney), but appellate procedure is highly technical. The court will not relax rules for self-represented parties. If you cannot afford a lawyer, contact:

• California Appellate Project (CAP-LA) for criminal appeals.
• Legal Aid or pro bono appellate clinics for civil appeals.

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### What happens if I miss the deadline to file a Notice of Appeal?

If you miss the 60-day deadline (or 30-day deadline for criminal/juvenile cases), your appeal will be dismissed unless you qualify for relief from default. To request relief:

1. File a motion to extend time (CRAP Rule 8.60).
2. Show good cause (e.g., excusable neglect, misinformation from the court).
3. File within 30 days of the original deadline.

Warning: Courts rarely grant relief for missed deadlines.

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### How long does a California appeal take?

The timeline varies by case type and court workload:

Factors Affecting Duration:

• Complexity of the case
• Whether oral argument is requested
• Court backlog (check California Courts’ Case Processing Times)

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### Can I appeal a small claims court decision in California?

Yes, but the process differs from standard appeals:

1. File a Notice of Appeal in the small claims court within 30 days (CCP § 116.710).
2. Pay the $75 filing fee (or request a fee waiver).
3. The case is heard de novo (new trial) in the superior court (CCP § 116.720).
4. No transcript is required—only the small claims court file is reviewed.

Limitation: You cannot appeal a small claims judgment twice.

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### What is the difference between an appeal and a writ in California?

When to File a Writ:

• If the trial court denies a motion to dismiss (Writ of Mandate).
• If the trial court orders disclosure of privileged documents (Writ of Prohibition).

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### How much does it cost to file an appeal in California?

Fee Waiver:

• File Form APP-002 (Application for Waiver of Court Fees).
• Must show financial hardship (income below 125% of federal poverty level).

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✅ Pre-Appeal Checklist

1. Confirm the judgment is appealable (final judgment or appealable order).
2. Note the deadline (60 days for civil, 30 days for criminal/juvenile).
3. Obtain the trial court’s judgment and minute order.
4. Consult an appellate attorney (if possible).
5. Gather funds for filing fees and transcript costs.

✅ Filing the Appeal Checklist

1. File the Notice of Appeal in the trial court (or juvenile/small claims court).
2. Pay the $775 filing fee (or file a fee waiver).
3. Designate the record (clerk’s transcript, reporter’s transcript, or settled statement).
4. Order transcripts from the court reporter (if needed).
5. Prepare the Appellant’s Opening Brief (follow CRAP Rule 8.204).
6. File the brief within 40 days of the record being filed.
7. Serve the brief on the respondent (via mail or e-service).
8. Request oral argument (if desired).

📞 Official Contacts & Resources

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Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship. Appellate procedure is complex—consult a licensed California appellate attorney for case-specific guidance.