Amador — CR-141-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/cr141info.pdf

CR-141-INFO Information on Appeal Procedures for Infractions

For information about appeal procedures in other 1 What does this information sheet cases, see: cover? • Information on Appeal Procedures for This information sheet tells you about appeals in Misdemeanors (form CR-131-INFO) infraction cases. It is only meant to give you a general idea of the appeal process, so it does not cover • Information on Appeal Procedures for Limited everything you may need to know about appeals in Civil Cases (form APP-101-INFO) infraction cases. To learn more, you should read rules 8.900–8.929 of the California Rules of Court, which set You can get these forms at any courthouse or county out the procedures for infraction appeals. You can get law library or online at www.courts.ca.gov/forms. these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. “prejudicial error”). Prejudicial error can include 2 What is an infraction? things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appellant. When it conducts its review, the appellateInfractions are crimes that can be punished by a fine, division presumes that the judgment, order, or othertraffic school, or some form of community service but decision being appealed is correct. It is thenot by time in jail or prison. (See Penal Code sections responsibility of the appellant to show the appellate17, 19.6, and 19.8. You can get a copy of these laws at division that an error was made and that the errorhttp://leginfo.legislature.ca.gov/faces/codes.xhtml.) was harmful.Examples of infractions are many traffic violations for which you can get a ticket or violations of some city or • No substantial evidence: The appellant may also askcounty ordinances for which you can get a citation. If the appellate division to determine if there wasyou were also charged with or convicted of a substantial evidence supporting the judgment, order,misdemeanor, then your case is a misdemeanor case, not or other decision being appealed. When it conductsan infraction case. its review, the appellate division only looks to see if 3 there was evidence that reasonably supports the What is an appeal? decision. The appellate division generally will not reconsider the trial court’s conclusion about whichAn appeal is a request to a higher court to review a side had more or stronger evidence or whetherruling or decision made by a lower court. In an witnesses were telling the truth or lying.infraction case, the court hearing the appeal is the appellate division of the superior court, and the lower The appellate division generally will not overturn thecourt—called the “trial court” in this information judgment, order, or other decision being appealedsheet—is the superior court. unless the record clearly shows that one of these legal It is important to understand that an appeal is NOT a errors was made. new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new 4 Do I need a lawyer to appeal? exhibits. The appellate division’s job is to review a record of what happened in the trial court and the trial You do not have to have a lawyer; you are allowed to court’s decision to see if certain kinds of legal errors represent yourself in an appeal in an infraction case. But were made in the case: appeals can be complicated, and you will have to follow • Prejudicial error: The party that appeals (called the the same rules that lawyers have to follow. If you have “appellant”) may ask the appellate division to any questions about the appeal procedures, you should determine if an error was made about either the law talk to a lawyer. You will need to hire a lawyer yourself or court procedures in the case that caused if you want one. You can get information about finding a substantial harm to the appellant (this is called lawyer on the California Courts Online Self-Help Center

ther the law talk to a lawyer. You will need to hire a lawyer yourself or court procedures in the case that caused if you want one. You can get information about finding a substantial harm to the appellant (this is called lawyer on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-lowcosthelp.htm.

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Judicial Council of California, www.courts.ca.gov CR-141-INFO, Page 1 of 8 Rev. January 1, 2020, Optional Form Information on Appeal Procedures Cal. Rules of Court, rules 8.900–8.929 for Infractions

CR-141-INFO Information on Appeal Procedures for Infractions

If you are representing yourself, you must put your form CR-142 at any courthouse or county law library or address, telephone number, fax number (if available), online at www.courts.ca.gov/forms.htm. and e-mail address (if available) on the cover of every document you file with the court and let the court know 8 Is there a deadline for filing my noticeif this contact information changes so that the court can contact you if needed. of appeal? Yes. In an infraction case, you must file your notice of 5 Who can appeal? appeal within 30 days after the trial court makes (“renders”) its judgment in your case or issues the order Only a party in the trial court case can appeal a decision you are appealing. The date the trial court makes its in that case. You may not appeal on behalf of a friend, a judgment is normally the date the trial court orders you spouse, a child, or another relative. to pay a fine or orders other punishment in your case The party that is appealing is called the APPELLANT; (sentences you). This deadline for filing the notice of in an infraction case, this is usually the party convicted appeal cannot be extended. If your notice of appeal is of committing the infraction. The other party is called late, the appellate division will not be able to consider the RESPONDENT; in an infraction case, this is usually your appeal. the government agency that filed the criminal charges (on court papers, this party is called the People of the 9 How do I file my notice of appeal?State of California). To file the notice of appeal in an infraction case, you 6 Can I appeal any decision that the trial must bring or mail the original notice of appeal to the court made? clerk of the trial court in which you were convicted of the infraction. It is a good idea to bring or mail an extra No. Generally, you may appeal only a final judgment of copy to the clerk and ask the clerk to stamp it to show the trial court—the decision at the end that decides the that the original has been filed. whole case. The final judgment includes the punishment There is no fee for filing the notice of appeal in an that the court imposed. Other rulings made by the trial infraction case. You can ask the clerk of that court if court before final judgment cannot be separately there are any other requirements for filing your notice of appealed, but can be reviewed only later as part of an appeal. appeal of the final judgment. In an infraction case, the party that was convicted of committing an infraction After you file your notice of appeal, the clerk will send a usually appeals that conviction or the sentence (the fine copy of your notice to the office of the prosecuting or other punishment) ordered by the trial court. In an attorney (for example, the district attorney, county infraction case, a party can also appeal from an order counsel, city attorney, or state Attorney General). made by the trial court after judgment that affects a substantial right of the appellant (Penal Code section 10 If I file a notice of appeal, do I still have1466(2)(B). You can get a copy of this law at to pay my fine or complete other partshttp://leginfo.legislature.ca.gov/faces/codes.xhtml.) of my punishment? 7 How do I start my appeal? Filing the notice of appeal does NOT automatically postpone the deadline for paying your fine orFirst, you must file a notice of appeal. The notice of completing any other part of your sentence. Toappeal tells the other party in the case and the trial court postpone your sentence, you must ask the trial court forthat you are appealing the trial court’s decision. You a “stay” of the judgment. If you want a stay, you mustmay use Notice of Appeal and Record on Appeal first ask the trial court for a stay. You can also apply to(Infraction) (form CR-142) to prepare and file a notice the appellate division for a stay, but you must show inof appeal in an infraction case. You can get your application to the appellate division that you first asked the trial court for a stay and that the trial court

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plication to the appellate division that you first asked the trial court for a stay and that the trial court

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CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request. Your fine or other record, it will not be able to consider what was said in parts of your punishment will not be postponed unless the trial court in deciding whether a legal error was made the trial court or appellate division grants a stay. If you and it may dismiss your appeal. do not get a stay and you do not pay your fine or satisfy another part of your sentence by the date ordered by the 13 What are the different forms of the court, a warrant may be issued for your arrest or a civil record?collections process may be started against you, which There are three ways a record of the oral proceedings incould result in a civil penalty being added to your fine. a trial court can be prepared and provided to the 11 Is there anything else I need to do appellate division in an infraction case: when I file my notice of appeal? a. You can use a statement on appeal. b. If the proceedings were officially electronically Yes. When you file your notice of appeal, you must tell recorded, the trial court can have a transcript the trial court (1) whether you have agreed with the prepared from the recording or, if the court has a respondent (“stipulated”) that you do not need parts of local rule permitting this and all the parties agree the normal record on appeal, and (2) whether you want a (“stipulate”), you can use the official electronic record of what was said in the trial court (this is called a recording itself as the record, instead of a transcript. record of the “oral proceedings”) sent to the appellate division and, if so, what form of that record you want to c. If a court reporter was there during the trial court use. Notice of Appeal and Record on Appeal (Infraction) proceedings, the reporter can prepare a record called (form CR-142) includes boxes you can check to tell the a “reporter’s transcript.” court whether and how you want to provide this record. Read below for more information about these options. a. Statement on appeal 12 In what cases does the appellate division need a record of the oral Description: A statement on appeal is a summary of proceedings? the trial court proceedings approved by the trial court judge who conducted the trial court You do not have to send the appellate division a record proceedings (the term “judge” includes of what was said in the trial court. But if you want to commissioners and temporary judges). raise any issue in your appeal that would require the When available: If the trial court proceedings were appellate division to consider what was said in the trial not recorded either by a court reporter or by official court, the appellate division will need a record of these electronic recording equipment or if you do not want oral proceedings. For example, if you are claiming that to use either of these forms of the record, you can there was not substantial evidence supporting the choose (“elect”) to use a statement on appeal as the judgment, order, or other decision you are appealing, the record of the oral proceedings in the trial court appellate division will need a record of the oral (please note that it may take more of your time to proceedings. Since the appellate division judges were prepare a statement on appeal than to use either a not there for the proceedings in the trial court, an official reporter’s transcript or electronic recording, if they record of these proceedings must be prepared and sent to are available). the appellate court for its review. Contents: A statement on appeal must include: Depending on what form of the record you choose to use, you will be responsible for paying to have the • A statement of the points you (the appellant) are official record of the oral proceedings prepared (unless raising on appeal; you are indigent) or for preparing an initial draft of the • A summary of the trial court’s rulings and record yourself. If you do not take care of these judgment; and responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate division does not receive the

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e trial court’s rulings and record yourself. If you do not take care of these judgment; and responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate division does not receive the

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• A summary of the testimony of each witness and clerk to stamp this copy to show that the original other evidence that is relevant to the issues you has been filed. are raising on appeal. You can get more information about how to serve (See rule 8.916 of the California Rules of Court for court papers and proof of service from What Is Proof more information about what must be included in a of Service? (form APP-109-INFO) and on the statement on appeal and the procedures for preparing California Courts Online Self-Help Center at a statement. You can get a copy of this rule at any www.courts.ca.gov/selfhelp-serving.htm. courthouse or county law library or online at Review and modifications: The prosecuting attorney www.courts.ca.gov/rules.) and any other party have 10 days from the date you Preparing a proposed statement: If you choose to serve your proposed statement to serve and file use a statement on appeal, you must prepare a proposed changes (called “amendments”) to this proposed statement. If you are not represented by a statement. The trial judge then reviews both your lawyer, you must use Proposed Statement on Appeal proposed statement and any proposed amendments (Infraction) (form CR-143) to prepare your proposed filed by the prosecuting attorney and any other party. statement. You can get form CR-143 at any The judge will then make or order you to make any courthouse or county law library or online at corrections or modifications to the proposed www.courts.ca.gov/forms. statement that are needed to make sure that the statement provides a complete and accurate Serving and filing a proposed statement: You must summary of the relevant testimony and other serve and file your proposed statement within 20 evidence. days after you file your notice of appeal. “Serve and file” means that you must: Completion and certification: If the judge makes or orders you to make any corrections or modifications • Have somebody over 18 years old mail, deliver, to the proposed statement, the corrected or modified or electronically send (“serve”) the proposed statement will be sent to you, the prosecuting statement to the prosecuting attorney and any attorney, and any other party for your review. If you other party in the way required by law. If the disagree with anything in the judge’s statement, you proposed statement is mailed or personally will have 10 days from the date the statement is sent delivered, it must be by someone who is not a to you to serve and file objections to the statement. party to the case—so not you. If the prosecuting The judge then reviews any objections, makes any attorney did not appear in your case, you do not additional corrections to the statement, and certifies need to serve the prosecuting attorney. the statement as a complete and accurate summary • Make a record that the proposed statement has of the relevant testimony and other evidence. been served. This record is called a “proof of Sending the statement to the appellate division: service.” Proof of Service (Appellate Division) Once the trial judge certifies the statement on (form APP-109) or Proof of Electronic Service appeal, the trial court clerk will send the statement to (Appellate Division) (form APP-109E) can be the appellate division along with the clerk’s used to make this record. The proof of service transcript. must show who served the proposed statement, who was served with the proposed statement, b. Official electronic recording or transcript how the proposed statement was served (by from official recording mail, in person, or electronically), and the date When available: In some infraction cases, the trial the proposed statement was served. court proceedings are officially recorded on approved electronic recording equipment. If your • File the original proposed statement and the case was officially recorded, you can ask to have a proof of service with the

court proceedings are officially recorded on
approved electronic recording equipment. If your • File the original proposed statement and the
case was officially recorded, you can ask to have a proof of service with the trial court. You should
transcript prepared for the appellate division from make a copy of the proposed statement you are
the official electronic recording of the proceedings. planning to file for your own records before you
You should check with the trial court to see if your file it with the court. It is a good idea to bring or
case was officially electronically recorded before mail an extra copy of the proposed statement to
you choose this option. Some courts also have local the clerk when you file your original and ask the

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rules that establish procedures for deciding whether misconduct in your case that harmed you, that is a statement on appeal or a transcript of only some of generally enough to show that you need a transcript. the oral proceedings will be a good enough record to If you ask for a transcript, the court may ask you consider the issues you are raising on appeal. You what issues you are raising on appeal and may should check whether the court has such a local rule. decide that a statement on appeal or a transcript of only some of the oral proceedings will be a good If the court has a local rule for the appellate division enough record to consider the issues you are raising. permitting this and all the parties agree (“stipulate”), a copy of the official electronic recording itself can If the court finds that you are not indigent, it will be used as the record of these oral proceedings send you a notice and you will have a chance to use instead of preparing a transcript. You should check a statement on appeal instead or take one of the other with the trial court to see if your case was officially actions listed in rule 8.917. electronically recorded and check to make sure that Completion and delivery: Once you deposit the there is a local rule permitting the use of the estimated cost of the transcript or official electronic recording itself before choosing this option. If you recording with the clerk or show the court you are choose this option, you must attach a copy of your indigent and need a transcript, the clerk will have the agreement with the other parties (called a transcript or copy of the recording prepared. When “stipulation”) to your notice regarding the oral the transcript is completed or the copy of the official proceedings. electronic recording is prepared, the clerk will send Cost: Ordinarily, the appellant must pay for the transcript or recording to the appellate division preparing the transcript or making a copy of the along with the clerk’s transcript. official electronic recording. The court will send you c. Reporter’s transcript an estimate of the cost for this transcript or the copy of the electronic recording. If you still want this When available: In some infraction cases, a court transcript or recording, you must deposit this amount reporter is there in the trial court and makes a record with the court. However, you can also choose to use of the oral proceedings. If a court reporter made a a statement on appeal instead, or take one of the record of your case, you can ask to have the court other actions listed in rule 8.917. reporter prepare a transcript of those oral proceedings, called a “reporter’s transcript.” You If, however, you are indigent (you cannot afford to should check with the trial court to see if a court pay the cost of the transcript or electronic reporter made a record of your case before you recording), you may be able to get a free transcript choose this option. Some courts also have local rules or official electronic recording. You can complete that establish procedures for deciding whether a and file Defendant’s Financial Statement on statement on appeal or a transcript of only some of Eligibility for Appointment of Counsel and the oral proceedings will be a good enough record to Reimbursement and Record on Appeal at Public consider the issues you are raising on appeal. You Expense (form CR-105) to show that you are should check whether the court has such a local rule. indigent. You can get form CR-105 at any courthouse or county law library or online at Cost: Ordinarily, the appellant must pay for www.courts.ca.gov/forms. The court will review this preparing a reporter’s transcript. The court reporter form to decide whether you are indigent. will provide the clerk of the trial court with an estimate of the cost of preparing the transcript, and If you are indigent, an official electronic recording the clerk will notify you of this estimate. If you want of your case was made, and you show that you need the reporter to prepare a transcript, you must deposit a transcript, the court must provide you with a free

al electronic recording the clerk will notify you of this estimate. If you want of your case was made, and you show that you need the reporter to prepare a transcript, you must deposit a transcript, the court must provide you with a free this estimated amount or one of the substitutes transcript. Whether you need a transcript depends on allowed under rule 8.919 with the clerk within 10 the issues you are raising on appeal. If the issues you days after the clerk sends you the estimate. are raising on appeal include that there was not However, under rule 8.919 you can decide to use a substantial evidence supporting the judgment, order, different form of the record or take other action or other decision you are appealing or that there was instead of proceeding with a reporter’s transcript.

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If, however, you are indigent (you cannot afford to • Documents filed in the trial court: The trial court pay the cost of the reporter’s transcript), you may be clerk is responsible for preparing a record of the able to get a free transcript. You can complete and written documents filed in your case, called a file Defendant’s Financial Statement on Eligibility “clerk’s transcript,” and sending this to the appellate for Appointment of Counsel and Reimbursement and division. (The documents the clerk must include in Record on Appeal at Public Expense (form CR-105) this transcript are listed in rule 8.912 of the to show that you are indigent. You can get form CR- California Rules of Court. You can get a copy of this 105 at any courthouse or county law library or rule at any courthouse or county law library or online at www.courts.ca.gov/forms. The court will online at www.courts.ca.gov/rules.) review this form to decide whether you are indigent. • Exhibits submitted during trial: Exhibits, such as If the court finds that you are indigent, a court photographs or maps, that were admitted in reporter made a record of your case, and you show evidence, refused, or lodged (temporarily placed that you need a transcript, the court must provide with the court) in the trial court are considered part you with a free transcript. Whether you need a of the record on appeal. If you want the appellate transcript depends on the issues you are raising on division to consider an exhibit, however, you must appeal. If the issues you are raising on appeal ask the trial court clerk to send the original exhibit to include that there was not substantial evidence the appellate division within 10 days after the last supporting the judgment, order, or other decision respondent’s brief is filed in the appellate division. you are appealing or that there was misconduct in (See rule 8.921 of the California Rules of Court for your case that harmed you, that is generally enough more information about this procedure. You can get to show that you need a transcript. If you ask for a a copy of this rule at any courthouse or county law reporter’s transcript, the court may ask you what library or online at www.courts.ca.gov/rules.) issues you are raising on appeal and may decide that Sometimes, the trial court returns an exhibit to a a statement on appeal or a transcript of only some of party at the end of the trial. If the trial court returned the oral proceedings will be a good enough record to an exhibit to you or another party and you or the consider the issues you are raising. other party ask for the exhibit to be sent to the If the court finds that you are not indigent, it will appellate division, the party who has the exhibit send you a notice and you will have a chance to pick must deliver that exhibit to the appellate division as another form of the record or take other actions soon as possible. listed in rule 8.919. Completion and delivery: Once you deposit the 15 What happens after the record is estimated cost of the transcript or one of the prepared? substitutes allowed under rule 8.919 or show the court you are indigent and need a transcript, the As soon as the record of the oral proceeding is ready, the clerk will notify the reporter to prepare the clerk of the trial court will send it to the appellate transcript. When the reporter completes the division along with the clerk’s transcript. When the transcript, the clerk will send both the reporter’s appellate division receives this record, it will send you a transcript and clerk’s transcript to the appellate notice telling you when you must file your brief in the division. appellate division.

16 What is a brief? 14 Is there any other part of the record
that needs to be sent to the appellate
A brief is a party’s written description of the facts in the division? case, the law that applies, and the party’s argument about
the issues being appealed. If you are represented by aYes. There are two other parts of the official record that
lawyer in your appeal, your lawyer will prepare yourneed to be sent to the appellate division:
brief. If you are not represented by a lawyer in your
appeal, you will have to prepare your brief yourself. You

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should read rules 8.927–8.928 of the California Rules of You can get more information about how to serve court Court, which set out the requirements for preparing, papers and proof of service from What Is Proof of serving, and filing briefs in infraction appeals, including Service? (form APP-109-INFO) and at requirements for the format and length of these briefs. www.courts.ca.gov/selfhelp-serving.htm. You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. 17 What happens after I file my brief?Contents: If you are the appellant (the party who is appealing), your brief, called the “appellant’s opening Within 30 days after you serve and file your brief, the brief,” must clearly explain what you believe are the respondent (the prosecuting agency) may, but is not legal errors made in the trial court. Your brief must refer required to, respond by serving and filing a respondent’s to the exact places in the clerk’s transcript and the brief. If the respondent does not file a brief, the appellant statement on appeal (or other record of the oral does not automatically win the appeal. The court will proceedings) that support your argument. Remember decide the appeal on the record, the appellant’s brief, and that an appeal is not a new trial. The appellate division any oral argument by the appellant. will not consider new evidence, such as the testimony of If the respondent serves and files a brief, within 20 daysnew witnesses or new exhibits, so do not include any after the respondent’s brief was served, you may, but arenew evidence in your brief. not required to, serve and file another brief replying to Serving and filing: You must serve and file your brief in the respondent’s brief. This is called a “reply brief.” the appellate division by the deadline the court set in the notice it sent you, which is usually 30 days after the record is filed in the appellate division. If you do not 18 What happens after all the briefs have file your brief by the deadline set by the appellate been filed? division, the court may dismiss your appeal. Once all the briefs have been served and filed or the time“Serve and file” means that you must: to serve and file them has passed, the court will notify • Have somebody over 18 years old mail, deliver, or you of the date for oral argument in your case. electronically send (“serve”) the brief to the respondent (the prosecuting agency) and any other 19 What is oral argument? party in the way required by law. If the brief is mailed or personally delivered, it must be by “Oral argument” is the parties’ chance to explain their someone who is not a party to the case—so not you. arguments to the appellate division judges in person. • Make a record that the brief has been served. This You do not have to participate in oral argument, if you record is called a “proof of service.” Proof of Service do not want to; you can notify the appellate division that (Appellate Division) (form APP-109) or Proof of you want to “waive” oral argument. If all parties waive Electronic Service (Appellate Division) (form APP- oral argument, the judges will decide your appeal based 109E) can be used to make this record. The proof of on the briefs and the record that were submitted. But if service must show who served the brief, who was one party waives oral argument and another party or served with the brief, how the brief was served (by parties does not, the appellate division will hold oral mail, in person, or electronically), and the date the argument with the party or parties who did not waive it. brief was served. If you do choose to participate in oral argument, you will • File the original brief and the proof of service with have up to five minutes for your argument, unless the the appellate division. You should make a copy of court orders otherwise. Remember that the judges will the brief you are planning to file for your own already have read the briefs, so you do not need to read records before you file it with the court. It is a good your brief to the judges. It is more helpful to tell the idea to

ders otherwise. Remember that the judges will the brief you are planning to file for your own already have read the briefs, so you do not need to read records before you file it with the court. It is a good your brief to the judges. It is more helpful to tell the idea to bring or mail an extra copy of the brief to the judges what you think is most important in your appeal clerk when you file your original and ask the clerk to stamp this copy to show that the original has been filed.

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or ask the judges if they have any questions you could answer.

20 What happens after oral argument?

After oral argument is held (or the date it was scheduled passes if all the parties waive oral argument), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after the date scheduled for oral argument to decide the appeal. The clerk of the court will mail you a notice of that decision.

21 What should I do if I want to give up my appeal?

If you decide you do not want to continue with your appeal, you must file a written document with the appellate division notifying it that you are giving up (this is called “abandoning”) your appeal. You can use Abandonment of Appeal (Infraction) (form CR-145) to file this notice in an infraction case. You can get form CR-145 at any courthouse or county law library or online at www.courts.ca.gov/forms. If you decide not to continue your appeal and it is dismissed, you will (with only very rare exceptions) permanently give up the chance to raise any objections to your conviction, sentence, or other matter that you could have raised in the appeal. If your punishment was stayed during the appeal, you may be required to start complying with your punishment immediately after your appeal is dismissed.

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