Civil Appellate Self Help Workshop
Held virtually over Zoom
1st Wednesday of each month from 4-6 p.m.
Workshop FAQs
Answer the following questions to see if this workshop is right for you.
1 What kind of help can the workshop provide?
| We Can | We Cannot |
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2 Am I the right person to file this appeal?
Only a person (or entity) who was a party in the trial court case can appeal a decision made in that case. You may not appeal on behalf of a friend, a spouse, a child, or another relative unless you are the legally appointed representative for that person (such as a guardian or conservator).
3 Can this decision be appealed?
You can appeal the superior court's final judgment in a case. The final judgment is the decision at the end that decides the whole the case. The final judgment usually says what one or more parties must do (like pay money to the other party). This judgment may be entered following a decision by the judge or by a jury. All final judgments are appealable.
You can also appeal most orders that the trial court makes after the final judgment, like, for example, a child custody order made after the divorce is final. In most cases, however, decisions made by the trial court before the final judgment cannot be appealed right away; they can only be reviewed as part of an appeal from the final judgment. There are some exceptions to this rule. In family law and probate cases, for example, many of the orders made in a case can be appealed right away, even if they are made before the final judgment.
For other types of orders that can be appealed, read Code of Civil Procedure sections 904.1 and 904.2.
Please be aware that there is usually only one opportunity to appeal any order. Thus, if the order may be appealed right away, you must do so, or you will lose your opportunity for appellate review. If the order may not be appealed right away, you must appeal from the later final judgment, or you will lose your opportunity for appellate review.
4 Do I still have time to appeal?
In an unlimited civil case, you must file a notice of appeal no later than the earlier of:
- 60 days after you have been served with “notice of entry of judgment” or with a copy of the judgment stamped "Filed"; or
- 180 days after entry of the judgment.
The time to file a notice of appeal may be extended by a timely motion for a new trial, to vacate or set aside the judgment, for judgment notwithstanding the verdict, or for reconsideration of an appealable order. If one of these motions has been filed, carefully review rule 8.108 of the California Rules of Court.
