Redemption: California Civil Appeals

If you received an adverse decision in your civil case and want to continue fighting, you are not out of options. You may be able to appeal the court’s ruling for a chance of redemption. Unfortunately, all too often, people make mistakes when filing an appeal because they are not aware of procedural requirements and deadlines.  

The civil appeals attorney at Law Offices of David H. Schwartz, INC, is dedicated to providing personalized legal guidance to clients during the appeals process. With an office in San Francisco, California, the attorney serves clients throughout the San Francisco Bay Area, including Santa Clara, San Mateo, San Jose, Oakland, and Alameda County.  

What Is a Civil Appeal? 

Contrary to what many might think, a civil appeal isn't just a continuation of the original trial nor is it a retrial. Rather, it's a completely different judicial process that doesn’t involve re-examining factual evidence. Unlike the initial proceedings, an appeal focuses on reviewing the lower court’s application of the law. The California Court of Appeal scrutinizes the trial court’s decision for legal errors that may have impacted the outcome. A civil appeal can overturn a lower court’s verdict if it’s found that a mistake in applying the law occurred. 

The importance of understanding what a civil appeal is cannot be overstated. Many erroneously believe that an appeal is a chance for a do-over of their case. In reality, it’s about ensuring that the trial was fair and legally sound.  

When to Consider a Civil Appeal 

Not every unfavorable decision qualifies for an appeal. Generally, you may consider filing a civil appeal if there are strong grounds to believe that legal errors were made during the trial. 

Common reasons to consider a civil appeal include improper application of the law, exclusion of critical evidence, or procedural mistakes that could have influenced the judgment. The civil appeals attorney at Law Offices of David H. Schwartz, INC, routinely assists clients in evaluating the feasibility of an appeal based on these criteria. 

Filing a Notice of Appeal to Preserve Your Right to Appeal 

The first step in the appeals process is filing a Notice of Appeal. This document notifies the court and the opposing party of the intent to appeal the trial court’s decision. Timeliness is critical. In California, the Notice of Appeal generally must be filed within 60 days of the trial court’s judgment. 

Filing a Notice of Appeal is more than a formality—it’s a move that preserves the right to challenge the trial court’s decision. Failure to file within the specified timeframe can result in the loss of the right to appeal.  

Once you file the Notice of Appeal, the appellate court will take jurisdiction over your case. This marks the beginning of the appellate process, where the trial court’s record is reviewed for errors. 

California Civil Appeals Process 

When you file a civil appeal, you can expect the following steps in the appeals process:  

Step 1: Preparing the Record on Appeal 

The record on appeal includes all documents, evidence, and transcripts from the trial court proceedings. This record is the foundation of the appeal, as the appellate court relies on it to review the trial court’s decision. You may need the assistance of a civil appeal attorney to ensure the accuracy and completeness of this record.  

Step 2: Filing Briefs 

Briefs are written arguments submitted by both sides. The appellant’s opening brief outlines the legal errors made by the trial court and argues for the reversal of the decision. The respondent’s brief counters these arguments, defending the trial court’s ruling. Finally, the appellant may file a reply brief to address points raised by the respondent. 

Step 3: Oral Arguments 

In some cases, the appellate court may hear oral arguments from both parties. This is an opportunity for attorneys to clarify points from their briefs and answer questions from the judges. Oral arguments can be pivotal, as they allow judges to engage directly with the issues at hand. 

Step 4: The Decision 

After reviewing the record and considering all of the above, the appellate court will issue its decision. This decision may uphold, reverse, or modify the lower court’s judgment. In some cases, the appellate court may even send the case back to the trial court for further review. 

Step 5: Possible Further Appeals 

If the appellate court’s decision is unfavorable, there may be options for further appeal, such as petitioning the California Supreme Court. However, the state’s highest court accepts only a small percentage of cases, typically those involving significant legal questions. 

How Long Does a Civil Appeal Take?

While every case is unique, you should prepare for a long battle. The Judicial Branch of California reviewed more than a decade of data to estimate that on average it takes approximately 17 months to resolve a civil appeals case.  

Get Help With the California Civil Appeals Process

Filing a civil appeal might feel like your last hope for justice. And for many, it is. You wouldn’t want to waste that chance, would you? The attorney at Law Offices of David H. Schwartz, INC, can help you navigate the civil appeals process to reach your appellate goals. Schedule a consultation with the attorney to discuss your situation.