Basic Civil Appellate Practice

Notice of Entry" is not the same as the entry of the judgment or order. The entry of a judgment or order occurs when the court signs the judgment or order. ) If the notice of appeal is not timely filed, the Court of Appeal will dismiss the appeal. 7. Standard of review What standard of review applies? The standard of review is the set of rules that govern how the court determines whether an error occurred. The standard of review varies depending on the type of issue and the procedural context, but it usually includes a presumption that the trial court’s decisions were correct. In civil cases, the court will reverse the judgment only if it concludes it is reasonably probable that, without the error, the result would have been more favorable to the appellant. IV. MECHANICS OF THE APPELLATE PROCESS A. The n otice of a ppeal The appellant must file a notice of appeal in the Court of Appeal within the time limits discussed above. The notice of appeal must include the name of the appellant, the name of the respondent, the name of the trial court, the trial court’s case number, and the date of the appealable judgment or order. The notice of appeal must be signed by the appellant or the appellant