Filing an Appeal & Timeline
Filing a Notice of Appeal
The first step in an appeal is filing the written Notice of Appeal. This notice tells the other parties in the case and the court that you are appealing a decision of the trial court.
The Notice of Appeal must be filed with the Appeals Unit before the filing deadline. For example, the Notice of Appeal in a felony case must be filed within 60 calendar days after sentencing [CRC 8.308]. To find the filing deadline for your case, see the California Rules of Court , Rules 8.1-8.793.
The Notice of Appeal may be written on pleading paper or can be made by completing the form specific to your type of appeal. Below are links to the more commonly used forms. Other forms can be found on the Judicial Council's website .
- Civil Appeal - Limited Civil (Under $25,000)
- Civil Appeal - Unlimited Civil (Over $25,000)
- Criminal Appeal - Felony
- Criminal Appeal - Misdemeanor
- Criminal Appeal - Traffic
- Juvenile Appeal
- Small Claims Appeal (Trial de Novo)
- What is Proof of Service
There are additional time limits and regulations in proceeding with an appeal. Read the California Rules of Court to verify that you are meeting the timelines for every step. Failure to meet deadlines may result in dismissal of your appeal.
Timelines for Filing an Appeal
Criminal Appeal - Felony |
60 days from the date of sentence |
|---|---|
Criminal Appeal-Misdemeanor |
30 days from the date of sentence |
Juvenile Dependency/Juvenile Justice |
60 days from the date of disposition |
Traffic – Infraction |
30 days from the date of sentence |
Civil – Unlimited |
60 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 180 days from the date of entry of judgment [Reference California Rules of Court 8.100; 8.104] |
Civil – Limited |
30 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 90 days from the entry of judgment [Reference California Rules of Court 8.751; 8.752] |
Family Law/Probate/Adoption |
60 days from the date of mailing of the Notice of Entry of Judgment or if notice is not mailed, 180 days from the date of entry of judgment [Reference CRC 8.100; 8.104] |
Small Claims (Rehearing) |
15 days from the date of entry of judgment [Reference CRC 8.708(c)] |