Appeals

The Superior Court, not the Appellate Division, has original jurisdiction in habeas corpus proceedings. A Small Claims appeal is heard as a trial de novo before one of three Civil judges.

The Court of Appeal, typically the Fifth District Court of Appeal in Fresno, is the reviewing court for appeals involving felony criminal cases, unlimited civil actions, family law, probate, juvenile and other matters pursuant to CCP 904.1.

The Supreme Court of California is the reviewing court for appeals in capital or death penalty cases. It may also review other types of cases, depending upon the circumstances in those cases.

Note: A felony reduced to a misdemeanor is treated as a felony for the purpose of an appeal unless the complaint was amended to include only misdemeanor charges.  If amended, the case will be handled as a misdemeanor appeal.

Appellate rules are covered in Title 8 of the California Rules of Court. Refer to CRC 8.100-8.642 for upper jurisdiction appeals and CRC 8.800-8.1018 for lower jurisdiction and infraction appeals. Additional information on filing lower jurisdiction appeals is located in Rule 6 of the Local Rules of Court, available on this website.

The status of appeals under review with the Court of Appeals is available at https://courts.ca.gov/courtsofappeal.htm. The status of appeals under review with the California Supreme Court is available at https://supreme.courts.ca.gov/.

Fees

Fees are required for appeals for Small Claims, Civil, Family Law and Probate cases. Please see the statewide fee schedule here. Fees will vary, and fees may be due for the Superior Court as well as the Court of Appeal, depending upon the type of case.

Appeal Forms

Judicial Council forms can be found on the website for the Judicial Council of California at http://courts.ca.gov/forms.htm. You can also visit the Self-Help Center at the California Courts website at http://courts.ca.gov/selfhelp.htm.

 Small Claims Appeals are filed at the Stanislaus County Superior Court, Turlock Small Claims Division located at:

300 Starr Avenue, Turlock, CA

Phone:  209-530-3100, option 6, then option 3

E-filing is available at this division.
 

Parking Administrative Hearing Appeals are filed at the Stanislaus County Superior Court Traffic Division, located at:

2260 Floyd Avenue, Modesto, CA 95355

Phone:  209-530-3100, option 1

E-filing is available at this division.
 

Appeals of Firework Citation Administrative Hearing, Appeals of a Menacing Dog Administrative Order, and Appeals of a State Labor Board Decision are filed at the Stanislaus County Superior Court, Civil Division located at:

City Tower, 801 10^th Street, 4^th Floor, Modesto, CA 95354

Phone:  209-530-3100, option 6, then option 1

E-filing is available at this division.
 

All Other Appeals – Stanislaus County Superior Court Appeals Division

Traffic Infraction Appeals, Criminal, Civil, Family, Juvenile Dependency, Juvenile Justice, Mental Health, Probate, Unlawful Detainer, and all other Appeals are filed in the Appeals Division, located at:

1100 I Street, Window 9, Modesto, CA

Phone: 209-530-3100, option 5, then option 1

Please Note:  E-Filing is not available for this division.