CALIFORNIA CIVIL LITIGATION APPEALS 2005 by Thomson Delmar

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CALIFORNIA CIVIL LITIGATION APPEALS © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

CALIFORNIA CIVIL LITIGATION APPEALS © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

RIGHT TO APPEAL— any “aggrieved party” may appeal the judgment to the appellate court.

RIGHT TO APPEAL— any “aggrieved party” may appeal the judgment to the appellate court. 2

STATE COURT APPEALS Unlimited civil judgments appealed to Court of Appeal Limited civil judgments

STATE COURT APPEALS Unlimited civil judgments appealed to Court of Appeal Limited civil judgments appealed to Superior Court Appellate Department 3

FEDERAL JUDGMENTS Appealed to District Court of Appeals 4

FEDERAL JUDGMENTS Appealed to District Court of Appeals 4

APPELLATE COURT MAY: ¨ Reverse judgment ¨ Modify judgment ¨ Affirm judgment ¨ Remand

APPELLATE COURT MAY: ¨ Reverse judgment ¨ Modify judgment ¨ Affirm judgment ¨ Remand to lower court with instructions 5

STANDARDS OF REVIEW ¨ Substantial evidence ¨ Abuse of discretion ¨ Independent judgment 6

STANDARDS OF REVIEW ¨ Substantial evidence ¨ Abuse of discretion ¨ Independent judgment 6

TIMING OF THE APPEAL The judgment is not stayed pending appeal! The judgment can

TIMING OF THE APPEAL The judgment is not stayed pending appeal! The judgment can be enforced on entry! 7

STAY OF EXECUTION PENDING APPEAL File bond with clerk, either surety bond 11/2 x

STAY OF EXECUTION PENDING APPEAL File bond with clerk, either surety bond 11/2 x amount of judgment or cash 2 x amount of judgment 8

JUDGMENT Valid for 10 years Can be renewed for 10 years 9

JUDGMENT Valid for 10 years Can be renewed for 10 years 9

APPEAL PROCESS Notice of appeal Notice of cross-appeal Preparation of Record Briefing Hearing Decision

APPEAL PROCESS Notice of appeal Notice of cross-appeal Preparation of Record Briefing Hearing Decision Petition to highest court 10

NOTICE OF APPEAL DEADLINES Are “jurisdictional”: court loses power to rule if not timely

NOTICE OF APPEAL DEADLINES Are “jurisdictional”: court loses power to rule if not timely filed! 11

APPEAL PROCESS STATE COURT Unlimited Civil Cases 12

APPEAL PROCESS STATE COURT Unlimited Civil Cases 12

NOTICE OF APPEAL Filed with clerk with fee within: 60 days of service of

NOTICE OF APPEAL Filed with clerk with fee within: 60 days of service of Notice of Entry by clerk or 60 days of service of Notice of Entry by a party or 180 days of entry of judgment 13

Filing deadlines not extended 5 days for mailing! 14

Filing deadlines not extended 5 days for mailing! 14

NOTICE OF CROSS-APPEAL Filing deadlines within: 15 days of service of Notice of Entry

NOTICE OF CROSS-APPEAL Filing deadlines within: 15 days of service of Notice of Entry by clerk or 15 days of service of Notice of Entry by a party or 180 days of entry of judgment 15

Clerk serves notice of appeal on parties. 16

Clerk serves notice of appeal on parties. 16

NOTICE OF CROSS-APPEAL Due within 20 days of service of notice of appeal by

NOTICE OF CROSS-APPEAL Due within 20 days of service of notice of appeal by clerk 17

PREPARING THE RECORD Clerk’s Transcript Reporter’s Transcript 18

PREPARING THE RECORD Clerk’s Transcript Reporter’s Transcript 18

CLERK’S TRANSCRIPT OPTIONS ¨ Rule 5 election ¨ Rule 5. 1 election ¨ Rule

CLERK’S TRANSCRIPT OPTIONS ¨ Rule 5 election ¨ Rule 5. 1 election ¨ Rule 5. 2 election 19

APPELLATE BRIEFS Appellant’s Opening Brief Respondent’s Brief Appellant's Reply 20

APPELLATE BRIEFS Appellant’s Opening Brief Respondent’s Brief Appellant's Reply 20

BRIEFING RULES Typeset/typed Word limits/certification Tables authorities and contents Bound on left in colors

BRIEFING RULES Typeset/typed Word limits/certification Tables authorities and contents Bound on left in colors New caption, appellate case number Proof of service on parties, trial judge, supreme court 21

BRIEFING CONTENT Statement of case Statement of facts stipulated statement agreed statement Argument Cited

BRIEFING CONTENT Statement of case Statement of facts stipulated statement agreed statement Argument Cited to record 22

OPENING BRIEF DUE ¨ Rule 5 election: 30 days from filing record ¨ Rule

OPENING BRIEF DUE ¨ Rule 5 election: 30 days from filing record ¨ Rule 5. 1 election: 70 days from election ¨ Rule 5. 2 election set by trial judge 23

RESPONDENT’S BRIEF DUE: 30 days after filing opening brief 24

RESPONDENT’S BRIEF DUE: 30 days after filing opening brief 24

REPLY DUE: 20 days after filing respondent's brief 25

REPLY DUE: 20 days after filing respondent's brief 25

HEARING ¨ Clerk notifies parties of hearing ¨ Parties may decline oral argument ¨

HEARING ¨ Clerk notifies parties of hearing ¨ Parties may decline oral argument ¨ Court has jurisdiction to decide for 90 days after hearing 26

PETITION TO STATE SUPREME COURT ¨ Petition for discretionary review briefed ¨ If granted,

PETITION TO STATE SUPREME COURT ¨ Petition for discretionary review briefed ¨ If granted, case is briefed again on merits ¨ Decision is final unless federal question or issue 27

APPEAL PROCESS STATE COURT Limited Civil Cases 28

APPEAL PROCESS STATE COURT Limited Civil Cases 28

PROCEDURE SAME AS UNLIMINTED CIVIL CASES EXCEPT: ¨ 30 -day limit for notice of

PROCEDURE SAME AS UNLIMINTED CIVIL CASES EXCEPT: ¨ 30 -day limit for notice of intent ¨ Opening brief due 20 days from filing record ¨ Respondent's brief due 20 days from filing opening brief ¨ Reply due 10 days later ¨ Preparation of record similar ¨ Briefs same but bound at top 29

APPEAL PROCESS FEDERAL COURT 30

APPEAL PROCESS FEDERAL COURT 30

GOVERNED BY FRAP and local rules! 31

GOVERNED BY FRAP and local rules! 31

FEDERAL APPELLATE PROCESS ¨ Notice of Appeal ¨ Request to prepare reporter's transcript ¨

FEDERAL APPELLATE PROCESS ¨ Notice of Appeal ¨ Request to prepare reporter's transcript ¨ Augmenting transcript ¨ Clerk’s transcript ¨ Briefing ¨ Hearing 32

PREPARING RECORD ¨ Notice portion of record ordered and issues on appeal ¨ Respondent

PREPARING RECORD ¨ Notice portion of record ordered and issues on appeal ¨ Respondent may request more ¨ Clerk prepares clerk’s transcript 33

APPELLATE BRIEFS ¨ Similar to state briefs ¨ Caption and copies specified in local

APPELLATE BRIEFS ¨ Similar to state briefs ¨ Caption and copies specified in local rules ¨ Page limits (50 -50 -25) ¨ Opening brief states subject matter jurisdiction and status of judgment 34

BRIEFING DEADLINES Opening brief: 40 th day after record filed Respondent's brief: 30 days

BRIEFING DEADLINES Opening brief: 40 th day after record filed Respondent's brief: 30 days after opening Reply: 14 days after respondent 35

PETITION TO U. S. SUPREME COURT ¨ Discretionary review (“certiorari”) ¨ If granted, briefed

PETITION TO U. S. SUPREME COURT ¨ Discretionary review (“certiorari”) ¨ If granted, briefed again on merits ¨ Decision is final 36

SUMMARY Jurisdictional Deadlines, Precise Rules PREVIEW Provisional Remedies and Extraordinary Writs 37

SUMMARY Jurisdictional Deadlines, Precise Rules PREVIEW Provisional Remedies and Extraordinary Writs 37