Appeals

An appeal is a request to a higher court to review the decision of a lower court to determine whether a mistake of law occurred. The higher court will determine if the lower court decision should be affirmed, reversed, vacated, or otherwise changed. The California Rules of Court determine if a case should be filed with the Court of Appeal or with the Appellate Division of the Trial Court.

In almost all cases, the appellate division or appellate court only looks at two things:

• Whether a legal mistake was made in the trial court
• Whether this mistake changed the final decision (called the "judgment") in the case

An appeal is not:

• A new trial with witnesses or a jury
• A chance to go to court and present your case all over again in front of a different judge
• A chance to present new evidence or new witnesses

Appeals in Felony, Juvenile, Civil Unlimited, Family Law,  and Probate matters are reviewed by the 3rd District Court of Appeal.

Appeals in Misdemeanor, Infraction, and Civil Limited matters are reviewed in the Appellate Division of the Alpine County Superior Court. 

The first step in the appeal process 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 Alpine County Superior Court before the filing deadline. To find the filing deadline for your case, see the California Rules of Court, Rules 8.1 – 8.1125 .

There are other 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.

Fee & Fee Waivers

The filing fees for the Notice of Appeal can be found on the Statewide Civil Fee Schedule. Checks or money orders should be payable to Alpine County Superior, with the exception of the filing fee for the Court of Appeal.

If you cannot afford to pay the filing fees and other court costs, you may qualify for a waiver of those costs. You may obtain the forms at the courthouse or by downloading the forms. There is no charge to file the application. Failure to pay the filing fee or obtain a waiver may result in dismissal of your appeal.