Overview: Appointments and FAQs

Public Counsel's Appellate Clinic for Self-Represented Litigants proporciona información procesal y asistencia a personas que se representan a sí mismas en apelaciones pendientes en el Segundo Distrito del Tribunal de Apelaciones y la División de Apelaciones de cualquier Tribunal Superior dentro del Segundo Distrito.

Para solicitar asistencia y concertar una cita:

Requesting an appointment online is faster. However, if needed, you may leave a voicemail request at (213) 830-7232. Call on Tuesdays as close to 8:00 a.m. as possible.

Please note that all appointments are subject to availability.

Ubicación de la clínica:

The Clinic is typically open, by appointment, on Tue., Wed., and Thu. from 8:30 am to 4:30 pm.

Video: Overview of the appellate process and AI tools

Preguntas frecuentes

Please note that this section is provided as a courtesy, and, if any of the following information conflicts with an official court website, you should rely on the information from the court.

Our Library of Materials and Resources, which contains templates, forms, instructions, samples of the documents referred to below, is here.

General

1. What is an appeal and what is the function of the Court of Appeal?

An appeal is not a retrial. It is a request to a higher court, the Court of Appeal, to review a decision made by a judge or jury in the Superior Court. The Court of Appeal only considers legal questions, not factual disputes. It does not reweigh evidence or reassess witness credibility. Its function is to determine whether legal errors occurred in the trial court and if those errors were prejudicial, meaning they likely affected the outcome of the case.

2. What types of orders or judgments can be appealed?

Generally, only final judgments are appealable. A final judgment is a decision that resolves the entire case. Some examples of appealable orders include:

• Orders granting a new trial or denying a motion for judgment notwithstanding the verdict.
• Orders made after a final judgment.
• Orders made appealable by the Family Code or Probate Code.

It’s crucial to consult legal resources or an attorney to determine if a specific order is appealable.

3. What are the deadlines for filing a notice of appeal?

The deadlines for filing a notice of appeal are strict and cannot be extended. Missing the deadline means losing the right to appeal. In most unlimited civil cases, the deadline is 60 days after the trial court clerk or a party serves a Notice of Entry of Judgment or a file-stamped copy of the judgment. For limited civil cases, the deadline is generally 60 days from the entry of the judgment.

4. What is the record on appeal and how is it prepared?

The record on appeal is a collection of documents and transcripts that the Court of Appeal uses to review the case. It typically includes:

• Clerk’s Transcript or Appendix: Contains documents filed in the trial court. The appellant can choose to have the clerk prepare a transcript or create an appendix themselves.
• Reporter’s Transcript: A verbatim record of what was said during trial court proceedings, prepared by a court reporter.
• Exhibits: Physical evidence presented at trial.

The appellant designates the necessary parts of the record, and the respondent can request additional items. More info about designating the record is available below.

5. What are the different standards of review used by the Court of Appeal?

The standard of review determines how the Court of Appeal evaluates whether the trial court made an error. The three main standards are:

• Substantial Evidence: Used for factual findings. The Court of Appeal looks for sufficient evidence to support the trial court’s finding, even if contradictory evidence exists.
• Abuse of Discretion: Used for procedural rulings. The Court of Appeal considers whether the trial court’s decision was reasonable under the circumstances.
• De Novo: Used for pure questions of law. The Court of Appeal independently reviews the issue and makes its own decision.

The court provides more information about these standards of review here.

6. What are briefs and what are the key elements of an effective brief?

Briefs are written arguments submitted to the Court of Appeal. The appellant’s opening brief explains the legal errors made in the trial court, while the respondent’s brief defends the trial court’s decision. An effective brief:

• Clearly states the issues on appeal.
• Provides accurate citations to the record and legal authorities.
• Applies the correct standard of review.
• Demonstrates prejudice, showing how the alleged errors affected the case’s outcome.
• Maintains a professional and respectful tone.

7. What is oral argument and how should I prepare for it?

Oral argument is an opportunity to present your case directly to the Court of Appeal justices. It is not a retrial or a chance to introduce new evidence. To prepare:

• Update your legal research.
• Thoroughly review the record, briefs, and key authorities.
• Prepare an outline of your main points and anticipate potential questions.
• Practice presenting your arguments in a clear and concise manner.

8. What happens after the Court of Appeal issues its decision?

The Court of Appeal’s decision is typically issued within three months of oral argument. The decision becomes final after 30 days, unless a petition for rehearing is filed or the Supreme Court grants review. Once the decision is final, the Court of Appeal issues a remittitur to the trial court, returning jurisdiction to the trial court. The prevailing party can then seek to recover their costs on appeal.

Designating the Record

1. What is “designating the record on appeal”?

Designating the record on appeal is the process of selecting the specific parts of the trial court record that you want the Court of Appeal to review. The trial court record includes things like evidence, testimony, motions, orders, and any other documents filed during your case. You choose the materials that support your legal arguments and send those to the Court of Appeal.

2. Why is designating the record on appeal so important?

The Court of Appeal judges will make their decision based on the information in the record on appeal. They will only see what you choose to include. If crucial information is missing, the Court of Appeal might not be able to fully understand your arguments or the trial court’s reasoning.

3. Who designates the record on appeal, and when do they do it?

The appellant (the party who is appealing) is the one who initiates the designation process. They generally have only 10 days after filing their Notice of Appeal to designate the record. There are court forms to help you with this (APP-003), and you must serve a copy of your designations on all other parties in the case.

4. What are the different ways to present the record of documents filed in the superior court?

You have several options for providing the Court of Appeal with a record of the documents:

• Clerk’s Transcript: This is a transcript prepared by the court clerk containing copies of the key documents.
• Appendix: You can create your own appendix containing copies of important documents.
• Agreed Statement: If all parties agree on the facts, you can submit a statement summarizing them.

5. How do I designate the record of oral proceedings (what was said in court)?

Similar to the documents, you have choices for the record of oral proceedings:

• Reporter’s Transcript: This is a word-for-word transcript prepared by the court reporter.
• Agreed Statement: If all parties agree on what was said, you can submit a statement.
• Settled Statement: If you cannot afford a reporter’s transcript, you might be able to use a summarized version of the proceedings. This is complex and requires court approval.

[Please note that the Clinic does not assist with the preparation of Appendices or Settled Statements.]

6. What if I cannot afford the cost of a reporter’s transcript?

If you have a fee waiver, you can request a waiver of the transcript preparation costs. You can also apply for assistance from the Court Reporters Board’s Transcript Reimbursement Fund.

7. What happens after I designate the record on appeal?

The trial court will prepare the record on appeal based on your designations and those of the other parties. They will send the record directly to the Court of Appeal and will notify you when your copy is ready.

Templates, Forms, Samples, Instructions and other helpful documents are available from our Library of Materials and Resources.