May 23, 2017

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Appeals FAQ's
 

1. When does the appeal period expire?

In Small Claims cases, the appeal period expires 30 days after the mailing of the Notice of Entry of Judgment.

In Traffic cases and in Criminal cases involving a misdemeanor or an infraction, the expiration date is 30 days after the rendition of the judgment or the making of the order being appealed.

In Criminal cases in which a person was convicted of a felony or was charged with a felony, even if it was later reduced to a misdemeanor, the notice of appeal must be filed within 60 days after the rendition of judgment (sentencing) or the making of the order being appealed.

In limited Civil cases the appeal must be filed on or before the earliest of:

1. Thirty days after the trial court clerk mails the "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date mailed.

2. Thirty days after the party filing the notice of appeal serves or is served by a party with the "Notice of Entry" of judgment or a file-stamped copy of the judgment with proof of service; or

3. Ninety days after entry of judgment.

In unlimited Civil cases (including Family Law and Probate) the appeal must be filed on or before the earliest of:

1. Sixty days after the Court mails the "Notice of Entry of Judgment".

2. Sixty days after the party filing the notice of appeal serves or is served by a party with a "Notice of Entry of Judgment".

3. One hundred and eighty days after the entry of judgment.

In Juvenile delinquency or dependency cases the appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.

2. How may I claim my exhibits after the expiration of the appeal period?

With the exception of Small Claims appeals, the Evidence Clerk will send a letter notifying all parties of the "Order of Disposition of Exhibits." The parties will schedule an appointment within the 60-day time frame set aside to pick up the exhibits.

Small Claims exhibits may be claimed after the case has been remanded to the Small Claims division. In some cases, the judge may order that the Appellate Division return the exhibits to the parties. In that case, the exhibits are mailed to the parties or picked up in the Appellate Division.

3. After an appeal is filed, how long must I wait before my exhibits can be returned?

The exhibits will be retained with the Evidence Clerk until a "Remittitur" has been issued from the Appellate Division or the Court of Appeals, unless a rehearing has been ordered. Civil appeals filed with the Court of Appeal take significantly longer than Criminal appeals and it may be well over a year before a remittitur is filed.

4. What happens to the exhibits if I do not claim them?

Civil exhibits will be destroyed 60 days from the date of the letter notifying of the availability of the exhibits.

Criminal exhibits, other than property which is stolen or embezzled or property which consists of money or currency shall be transferred to the appropriate county agency for sale to the public. Exhibits that are determined by the Court to have no value at public sale shall be destroyed or otherwise disposed of pursuant to Court order.

5. How may I retrieve my exhibits if the case is on appeal?

You must file a "Stipulation for Return of Exhibits" and the order will be sent to the judge for a signature. When the process is complete, the parties must schedule an appointment to retrieve the exhibits.

6. Can you mail the exhibits to me?

The Court can only send exhibits if they are paper documents and a self-addressed stamped envelope is provided.

7. Where should I file my appeal?

Appeals are filed in the division where the original case was filed, referred to as the Trial Court. You will need to file your Notice of Appeal in the division in which the judgement or order was issued. The clerk in that division will assist you with the filing of all subsequent documents and matters concerning your appeal.

8. How will I be notified when the transcripts on appeal have been forwarded to the reviewing court?

The 5th District Court of Appeal will send notification when they have received the transcripts from the Superior Court's division in which you filed your appeal. Notification will also state the time frame for the appellant to file the opening brief.

9. When will I be notified of a hearing on a lower jurisdiction appeal?

The division in which you filed your appeal will mail you the schedule for the filing of briefs on traffic, misdemeanor or infraction criminal appeals or limited civil appeals. Once the briefs have been filed, you will be notified of the hearing date. Appeal hearings are held on the second Wednesday of the month at 4:00 p.m.. Please refer to Rule 6 of the Local Rules of Court on this website for further information regarding lower jurisdiction appeals.

Note: Hearings on settled statements are held in the Trial Court at a date to be determined. A hearing on a Small Claims appeal is scheduled as a trial de novo for hearing before a Superior Court judge. The hearing is generally held on a Friday at 8:30 a.m..

10. What are the costs for filing an unlimited civil appeal?

The filing fee is $655, payable to the Court of Appeal. In addition, a deposit of $100 is required for the clerk's transcript. The cost to prepare the clerk's transcript is $1.50 per page for each document designated by the appellant. The appellant pays for a copy of the transcript and for the original that is sent to the Court of Appeals. This doubles their per page cost. Shipping and handling is $30 or the actual cost of shipping, whichever is greater.

The reporter's transcript is $325 per each half day and $650 per each full day designated by the appellant. This amount must be posted when filing the Appellant's/Respondent's Notice Designating Record on Appeal.

11. What is an Appeal?

An appeal is a request to a higher court requesting a review of a verdict or decision and any intermediate ruling, proceeding, order or decision that involves the merits or necessarily affects the judgment 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 a decision.

12. What is a Writ of Certiorari?

A writ is issued by a higher court to a lower court to produce a certified record of a particular case tried. The writ is issued in order that the higher court may inspect the proceedings and determine whether there have been irregularities.

13. What is a Writ of Habeas Corpus?

A writ that is issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention. If the detention is found to be ilegal, the court issues an order to set the person free.

14. What is a Writ of Mandamus?

A writ issued to an official, corporation or other institution commanding the performance of certain acts or duties.

Last updated: April 09, 2015 11:26 AM