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Representing yourself in court can be difficult the first time you do it. Now, imagine you have (or want to) represent yourself in the appeals process. What do you do now!? For starters, it is good to keep in mind a few key facts about the appeals process. First, an appeal is not a new trial. What this means is that in an appeal you cannot go back to the trial court with a new judge, you cannot present new evidence, and you cannot bring in new witnesses. The appellate court will look at what happened in the trial court and determine if the trial court judge made an error in the first ruling and if the ruling affected the outcome of the case. Second, the appeals process can be very time-consuming and costly. To start a California appeals case there is an approximate $800 filing fee which initiates the lengthy process which can take anywhere between 12-18 months to finish, and in some cases longer[1]. More time in the appeals process usually equals more money spent. Third, in the appeals process, there is a whole different set of rules and procedures that must be followed. These rules and procedures are typically different from the rules and procedures followed in the trial courts. And lastly, you should keep in mind that it helps to seek the advice of an attorney who specializes in appeals.
Should you choose to represent yourself in a California appeals case, RCLL now has a brand new research guide you can reference to get started. This new guide titled, Handling Your Own California Civil Appeal, is a web page that includes a quick reference step-by-step guide, a more detailed step-by-step guide, and an hour-long video presentation that goes over the California civil appeals process in detail (PowerPoint slides included). The items in the guide, which were created for the RCLL by an appellate court attorney for the Fourth District Court of Appeal, Division 2, provide a great starting point for research should you or anyone you know decide to pursue a California civil appeal without the aid of an attorney. The guide can be found HERE.
References & Additional Resources
[1] The Civil Appeals Process. (2021). California Appeals. Retrieved February 1, 2022 from https://www.californiaappeals.com/civil-appeals-process.html
Civil Appeals. (2022). California Courts, The Judicial Branch of California. Retrieved February 1, 2022 from https://www.courts.ca.gov/selfhelp-appeals.htm
Appeals. (2022). Superior Court of California, County of Riverside. Retrieved February 1, 2022 from https://www.riverside.courts.ca.gov/Divisions/Appeals/appeals.php
California Courts of Appeal. (2022). California Courts, The Judicial Branch of California. Retrieved February 1, 2022 from https://www.courts.ca.gov/courtsofappeal.htm
California Appellate Courts Self-help Resource Center. (2022). Retrieved February 1, 2022 from https://selfhelp.appellate.courts.ca.gov/
Finding a Lawyer. (2022). California Courts, The Judicial Branch of California. Retrieved February 1, 2022 from https://www.courts.ca.gov/selfhelp-findlawyer.htm?rdeLocaleAttr=en
Written by: Michael Van Aken, Library Technician