Deadline to Appeal a Criminal and Civil Judgment in California

• 1. What is an appeal?
• 2. What is the deadline for filing a misdemeanor appeal?
• 3. What is the deadline for filing a felony appeal?
• 4. What is the timeframe for filing an appeal in a civil case?

The usual deadline to appeal a felony case is 60 days from the date of the final judgment.

1. What is an appeal?

An appeal is when a party to a criminal or civil action asks a higher court (for instance, a court of appeals) to review the decision of a lower court (for example, a trial court or district court).¹

In criminal cases, typically only the defendant can file an appeal. In civil actions, either of the litigants (the plaintiff or defendant) can file a notice of appeal after an appealable order is entered.

• The party filing an appeal is referred to as the “appellant” or “petitioner.”
• The party opposing the appeal is the “respondent.”

Note that an appeal is not a new trial. For example, the appellate court (or, reviewing court) does not hear or evaluate new evidence. Rather, the appellate court reviews a lower court’s decision and the clerk’s records to determine if there were any legal mistakes made that substantially affected a party’s rights.

There are normally three remedies that a successful appeal may generate. These include:

1. the court may overturn the original court order or judgment,
2. the court may order a new trial, or
3. the court could remand the case.

“Remand” means that the case gets sent back to the trial court with instructions on how to cure any errors.

2. What is the deadline for filing a misdemeanor appeal?

The typical deadline to appeal a judgment in a misdemeanor case is 30 days from the notice of entry of judgment.²

California misdemeanor appeals are filed in the Appellate Division of the Superior Court.³

When appealing a conviction, the appellant typically enters a Notice of Appeal and then requests the appellate court to order a copy of the trial court record. This record includes:

• a court reporter’s transcript,
• a copy of the judgment,
• an electronic recording of the proceedings (where applicable), and/or
• a statement on appeal (that is, a summary of the proceedings which the appellant prepares).⁴

Further, an appellant most often submits an opening brief when appealing a judgment. This is a written document in which the petitioner explains:

1. what errors were made in the lower court by the trial judge, and
2. how those errors prejudiced his/her case.

The Appellate Division will inform the petitioner of the deadline by which he/she must file this brief, although it is typically 40 days after the record is filed.⁵ The failure to submit a brief on time could result in a dismissal of the appeal.⁶

Within 30 days after the appellant files the brief, the respondent may file a reply brief.⁷ This explains to the court why no errors took place in the lower court.

Once all briefs have been filed, the court will notify the parties of the date for their oral arguments. These are when the petitioner and respondent appear before the appellate court and explain their respective brief.

After the oral proceedings are complete, the court has 90 days to rule on the appeal.⁸ The misdemeanor appeal process generally takes at least six months.

Felony appeals usually take about a year to resolve.

3. What is the deadline for filing a felony appeal?

In California felony cases, petitioners must file their Notice of Appeal within 60 days after the date of entry of the judgment.⁹

Felony appeals are generally filed in the California Court of Appeal.¹⁰ If, however, the defendant’s original case was a federal crime, he/she would file the appeal with:

• the United States Court of Appeal for the Ninth Circuit, and if necessary
• the Supreme Court of the United States.

Felony appeals involve the same steps as misdemeanor appeals (that is, notice, petitioner’s brief, respondent’s brief, oral arguments, etc.).¹¹

Generally speaking, felony appeals take about a year from the time the Notice of Appeal is filed until the Court of Appeal renders its decision.  This timeframe may be longer or shorter depending on

• the complexity of the case,
• the number of briefs,
• the length of the transcripts, and
• other factors.

4. What is the timeframe for filing an appeal in a civil case?

In civil cases, the time period for filing an appeal is generally within the earliest of

• 60 days after the superior court clerk serves the Notice of Entry of judgment, or
• 180 days after entry of judgment.¹²

There is typically a filing fee associated with filing a notice of appeal in a civil case.

Note that a party can try to extend the time to file an appeal by making a motion:

• for a new trial,
• to vacate (cancel) or set aside the judgment,
• for judgment notwithstanding the verdict, or
• to reconsider an appealable order.¹³

Note that a person can appeal a decision made in a California small claims court. Typically, only a defendant may appeal.¹⁴

Unlike an appeal from a civil superior court, a small claims appeal is a

• “trial de novo” or
• “new trial.”

This means that the case is decided by a new judge from the beginning, so the appellant has to present his/her case all over again.¹⁵

Call our law firm for legal advice. We offer free consultations.

For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys represent clients throughout California, including those in Los Angeles and San Francisco.