State statute
Amador — CR-131-INFO
California foreclosure, tax-defaulted, court-ordered and probate-sale law and official procedures — verbatim and citable.
- Edition
- 2026-09-26
- Last updated
- 2026-09-27
- Jurisdiction
- Amador County
Amador — CR-131-INFO¶
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CR-131-INFO Information on Appeal Procedures for Misdemeanors
1 What does this information sheet For information about appeal procedures in other cover? cases, see: This information sheet tells you about appeals in • Information on Appeal Procedures for Infractions misdemeanor cases. It is only meant to give you a (form CR-141-INFO) general idea of the appeal process, so it does not cover everything you may need to know about appeals in • Information on Appeal Procedures for Limited misdemeanor cases. To learn more, you should read Civil Cases (form APP-101-INFO) rules 8.800–8.816 and 8.850–8.890 of the California Rules of Court, which set out the procedures for You can get these forms at any courthouse or county misdemeanor appeals. You can get these rules at any law library or online at www.courts.ca.gov/forms. courthouse or county law library or online at www.courts.ca.gov/rules. instructions given to the jury, and misconduct by the 2 What is a misdemeanor? jury that harmed the appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other decision being appealed isA misdemeanor is a crime that can be punished by jail correct. It is the responsibility of the appellant totime of up to one year, but not by time in state prison. show the appellate division that an error was made(See Penal Code sections 17 and 19.2. You can get a and that the error was harmful.copy of these laws at http://leginfo.legislature.ca.gov /faces/codes.xhtml.) If you were also charged with or • No substantial evidence: The appellant may also askconvicted of a felony, then your case is a felony case, not the appellate division to determine if there wasa misdemeanor case. substantial evidence supporting the judgment, order, 3 or other decision being appealed. When it conducts What is an appeal? its review, the appellate division only looks to see if there was evidence that reasonably supports theAn appeal is a request to a higher court to review a decision. The appellate division generally will notdecision made by a lower court. In a misdemeanor reconsider the jury’s or trial court’s conclusion aboutcase, the court hearing the appeal is the appellate which side had more or stronger evidence or whetherdivision of the superior court and the lower court— witnesses were telling the truth or lying.called the “trial court” in this information sheet—is the superior court. The appellate division generally will not overturn the judgment, order, or other decision being appealedIt is important to understand that an appeal is NOT a unless the record clearly shows that one of these legalnew trial. The appellate division will not consider new errors was made.evidence, such as the testimony of new witnesses or new exhibits. The appellate division’s job is to review a 4 Do I need a lawyer to appeal?record of what happened in the trial court and the trial court’s decision to see if certain kinds of legal errors You will probably need a lawyer. You are not allowed towere made in the case: represent yourself in an appeal in a misdemeanor case • Prejudicial error: The party that appeals (called the unless the appellate division permits you to do so. But “appellant”) may ask the appellate division to appeals can be complicated, and you would have to determine if an error was made about either the law follow the same rules that lawyers have to follow. If you or court procedures in the case that caused have any questions about the appeal procedures, you substantial harm to the appellant (this is called should talk to a lawyer. “prejudicial error”). Prejudicial error can include things like errors made by the judge about the law, If the appellate division permits you to represent errors or misconduct by the lawyers, incorrect yourself, you must put your address, telephone number,
Judicial Council of California, www.courts.ca.gov CR-131-INFO, Page 1 of 9 Revised September 1,
f, you must put your address, telephone number,
Judicial Council of California, www.courts.ca.gov CR-131-INFO, Page 1 of 9 Revised September 1, 2020, Optional Form Information on Appeal Procedures Cal. Rules of Court, rules 8.800–8.889 for Misdemeanors
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CR-131-INFO Information on Appeal Procedures for Misdemeanors fax number, and email address (if available) on the cover must hire a lawyer at your own expense. You can get of every document you file with the court and let the information about finding a lawyer on the California court know if this contact information changes so that Courts Online Self-Help Center at www.courts.ca.gov the court can contact you if needed. /selfhelp.htm at the “Getting Started” tab.
If the appellate division does not permit you to represent 6 Who can appeal? yourself, you must hire a lawyer at your own expense or ask the court to appoint a lawyer to represent you. Only a party in the trial court case can appeal a decision in that case. You may not appeal on behalf of a friend, a 5 How do I get a lawyer to represent me? spouse, a child, or another relative. The party that is appealing is called the APPELLANT;The court is required to appoint a lawyer to represent in a misdemeanor case, this is usually the partyyou if you are indigent (you cannot afford to pay for a convicted of committing the misdemeanor. The otherlawyer) and: party is called the RESPONDENT; in a misdemeanor • You were convicted and your punishment includes case, this is usually the government agency that filed the going to jail or paying a fine of more than $500 criminal charges (on court papers, this party is called the (including penalty and other assessments); or People of the State of California). In some cases, the government agency is the appellant and the party against • You are likely to suffer other negative consequences whom the charges were filed is the respondent. from the conviction (for example, immigration problems or inability to get or keep a license or 7 Can I appeal any decision that the trial permit); or court made? • You have not been convicted but you are likely to No. Generally, you may appeal only the final judgment suffer significant harm if you lose the appeal. —the decision at the end that decides the whole case. The final judgment includes the punishment that the See rule 8.851 of the California Rules of Court for more court imposed. With the exception listed below, rulings information about when the court is required to appoint a made by the trial court before final judgment generally lawyer to represent you. cannot be separately appealed, but can be reviewed only later as part of an appeal of the final judgment. In a The court may, but is not required to, appoint a lawyer to misdemeanor case, the party convicted of committing a represent you on appeal in other circumstances if you are misdemeanor usually appeals that conviction or the indigent. You are automatically considered indigent if sentence (punishment) ordered by the trial court. In a you were represented by the public defender or other misdemeanor case, a party can also appeal: court-appointed lawyer in the trial court. You will also • Before the trial court issues a final judgment in thebe considered indigent if you can show that your income case, from an order granting or denying a motion toand assets are too low to pay for a lawyer. suppress evidence (Penal Code section 1538.5(j)) If you think you are indigent, you can ask the court to • From an order made by the trial court after judgmentappoint a lawyer to represent you for your appeal. You that affects a substantial right of the appellant (Penalmay use Request for Court-Appointed Lawyer in Code section 1466(2)(B))Misdemeanor Appeal (form CR-133) to ask the court to appoint a lawyer to represent you on appeal in a You can get a copy of these laws atmisdemeanor case. You can get form CR-133 at any http://leginfo.legislature.ca.gov/faces/codes.xhtml.courthouse or county law library or online at www.courts.ca.gov/forms. 8 How do I start my appeal? If you want a lawyer and you are not indigent or if the court turns down your request to appoint a lawyer, you
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CR-131-INFO Information on Appeal Procedures for Misdemeanors First, you must file a notice of appeal. The notice of appeal tells the other party in the case and the trial court that you are appealing the trial court’s decision. You Filing the notice of appeal does NOT automatically may use Notice of Appeal (Misdemeanor) (form postpone your punishment, such as serving time in jail, CR-132) to prepare and file a notice of appeal in a paying fines, or probation conditions. misdemeanor case. You can get form CR-132 at any courthouse or county law library or online at If you have been sentenced to jail in a misdemeanor www.courts.ca.gov/forms. case, you have a right to be released either with or without bail while your appeal is waiting to be decided, but you must ask the court to set bail or release you. If 9 Is there a deadline for filing my notice the trial court has not set bail or released you after your of appeal? notice of appeal has been filed, you must ask the trial court to set bail or release you. If the trial court denies Yes. Except in the very limited circumstances listed in your release or sets the bail amount higher than you rule 8.853(b), in a misdemeanor case, you must file your think it should be, you can apply to the appellate notice of appeal within 30 days after the trial court division for release or for lower bail. makes (“renders”) its final judgment in your case or issues the order you are appealing. (You can get a copy Other parts of your punishment, such as fines or of rule 8.853 at any courthouse or county law library or probation conditions, will be postponed (“stayed”) only online at www.courts.ca.gov/rules). The date the trial if you request a stay and the court grants your request. If court makes its judgment is normally the date the trial you want a stay, you must first ask the trial court for a court issues its order saying what your punishment is stay. You can also apply to the appellate division for a (sentences you). This deadline for filing the notice of stay, but you must show in your application to the appeal cannot be extended. If your notice of appeal is appellate division that you first asked the trial court for a late, the appellate division will not be able to consider stay and that the trial court unjustifiably denied your your appeal. request. If you do not get a stay and you do not pay your fine or complete another part of your punishment by the date ordered by the court, a warrant may be issued for 10 How do I file my notice of appeal? your arrest or a civil collections process may be started against you, which could result in a civil penalty being To file the notice of appeal in a misdemeanor case, you added to your fine. must bring or mail the original notice of appeal to the clerk of the trial court that made the judgment or issued 12 What do I need to do after I file my the order you are appealing. It is a good idea to bring or appeal?mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. You must tell the trial court (1) whether you have agreed with the respondent (“stipulated”) that you do not need There is no fee for filing the notice of appeal in a parts of the normal record on appeal, and (2) whether misdemeanor case. You can ask the clerk of that court if you want a record of what was said in the trial court (this there are any other requirements for filing your notice of is called a record of the “oral proceedings”) sent to the appeal. appellate division and, if so, what form of that record you want to use. You may use Notice Regarding Record After you file your notice of appeal, the clerk will send a on Appeal (Misdemeanor) (form CR-134) for this notice. copy of your notice of appeal to the office of the (You can get form CR-134 at any courthouse or county prosecuting attorney (for example, the district attorney, law library or online at www.courts.ca.gov/forms). You county counsel, city attorney, or state Attorney General). must file this notice either: • Within 20 days after you file your notice of11 If I file a notice of appeal, do I still have appeal; or, if it is later, to go to jail or complete other parts of _____________________________________________________________________________my punishment? Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 3 of 9 for Misdemeanor
appeal; or, if it is later, to go to jail or complete other parts of
_____________________________________________________________________________my punishment? Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 3 of 9 for Misdemeanors
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CR-131-INFO Information on Appeal Procedures for Misdemeanors prepared from that recording; or if the court has a • Within 10 days after the court decides whether local rule permitting this and you and the to appoint a lawyer to represent you (if you ask respondent (the prosecuting agency) agree the court to appoint a lawyer within 20 days (“stipulate”) to this, you can use the official after you file your notice of appeal). electronic recording itself as the record, instead of a transcript. c. You can use a statement on appeal. 13 In what cases does the appellate division need a record of what was Read below for more information about these options. said in the trial court? a. Reporter’s transcript You do not have to send the appellate division a record When available: In some misdemeanor cases, a of what was said in the trial court. But if you want to court reporter is there in the trial court and makes raise any issue in your appeal that would require the a record of the oral proceedings. If a court reporter appellate division to consider what was said in the trial made a record of your case, you can ask to have court, the appellate division will need a record of these the court reporter prepare a transcript of those oral oral proceedings. For example, if you are claiming that proceedings, called a “reporter’s transcript.” You there was not substantial evidence supporting the should check with the trial court to see if a court judgment, order, or other decision you are appealing, the reporter made a record of your case before you appellate division will need a record of the oral choose this option. Some courts also have local proceedings. Since the appellate division judges were rules that establish procedures for deciding not there for the proceedings in the trial court, an official whether a statement on appeal or a transcript of record of these oral proceedings must be prepared and only some of the oral proceedings will be a good sent to the appellate division for its review. enough record to consider the issues you are raising on appeal. You should check whether the Depending on what form of the record you choose to court has such a local rule. use, you will be responsible for paying to have the official record of the oral proceedings prepared (unless Cost: Ordinarily, the appellant must pay for you are indigent) or for preparing an initial draft of this preparing a reporter’s transcript. The court record yourself. If you do not take care of these reporter will provide the clerk of the trial court responsibilities, a record of the oral proceedings in the with an estimate of the cost of preparing the trial court will not be prepared and sent to the appellate transcript and the clerk will notify you of this division. If the appellate division does not receive this estimate. If you want the reporter to prepare a record, it will not be able to consider what was said in transcript, you must deposit this estimated amount the trial court in deciding whether a legal error was made or one of the substitutes allowed under rule 8.866 and it may dismiss your appeal. with the clerk within 10 days after the clerk sends you the estimate. However, under rule 8.866 you 14 What are the different forms of the can decide to use a different form of the record or record? take other action instead of proceeding with a reporter’s transcript.There are three ways a record of the oral proceedings in the trial court can be prepared and provided to the If, however, you are indigent (you cannot afford toappellate division in a misdemeanor case: pay the cost of a repo
reporter’s transcript.There are three ways a record of the oral proceedings in the trial court can be prepared and provided to the If, however, you are indigent (you cannot afford toappellate division in a misdemeanor case: pay the cost of a reporter’s transcript), you may be a. If a court reporter was there during the trial court able to get a free transcript. If you were proceedings, the reporter can prepare a record represented by the public defender or another called a “reporter’s transcript.” court-appointed lawyer in the trial court, you are automatically considered indigent. If you were not b. If the proceedings were officially electronically represented by a court-appointed lawyer in the recorded, the trial court can have a transcript trial court, you can complete and file Defendant’s
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CR-131-INFO Information on Appeal Procedures for Misdemeanors Financial Statement on Eligibility for Appointment see if your case was officially electronically of Counsel and Reimbursement and Record on recorded before you choose this option. As with Appeal at Public Expense (form CR-105), to show reporter’s transcripts, some courts also have local that you are indigent. You can get form CR-105 at rules that establish procedures for deciding any courthouse or county law library or online at whether a statement on appeal or a transcript of www.courts.ca.gov/forms. The court will review only some of the oral proceedings will be a good this form to decide whether you are indigent. enough record to consider the issues you are raising on appeal. You should check whether the If the court finds that you are indigent, a court court has such a local rule. reporter made a record of your case, and you show that you need a transcript, the court must provide If the court has a local rule for the appellate you with a free transcript. Whether you need a division permitting this and all the parties agree transcript depends on the issues you are raising on (“stipulate”), a copy of the official electronic appeal. If the issues you are raising on appeal recording itself can be used as the record of the include that there was not substantial evidence oral proceedings instead of preparing a transcript. supporting the judgment, order, or other decision You should check with the trial court to see if your you are appealing or that there was misconduct in case was officially electronically recorded and your case that harmed you, that is generally check to make sure there is a local rule permitting enough to show that you need a transcript. If you the use of the recording itself before choosing this ask for a reporter’s transcript, the court may ask option. If you choose this option, you must attach you what issues you are raising on appeal and may a copy of your agreement with the other parties decide that a statement on appeal or a transcript of (called a “stipulation”) to your notice regarding only some of the oral proceedings will be a good the oral proceedings. enough record to consider the issues you are raising. Cost: Ordinarily, the appellant must pay for preparing a transcript or making a copy of the If the court finds that you are not indigent, it will official electronic recording. The court will send send you a notice and you will have a chance to you an estimate of the cost for this transcript or the pick another form of the record or take other copy of the electronic recording. If you still want actions listed in rule 8.866. this transcript or recording, you must deposit this amount with the court. However, you can also Completion and delivery: Once you deposit the choose to use a statement on appeal instead, or estimated cost of the transcript or one of the take one of the other actions listed in rule 8.868. substitutes allowed under rule 8.866 or show the court you are indigent and need a transcript, the If, however, you are indigent (you cannot afford to clerk will notify the reporter to prepare the pay the cost of the transcript or recording), you transcript. When the reporter completes the may be able to get a free transcript or recording. If transcript, the clerk will send the reporter’s you were represented by the public defender or transcript to the appellate division along with the another court-appointed attorney in the trial court, clerk’s transcript. you are automatically considered indigent. If you were not represented by a court-appointed lawyer b. Official electronic recording or transcript in the trial court, you can complete and file from an official recording Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and When available: In some misdemeanor cases, the Record on Appeal at Public Expense (form trial court proceedings are officially recorded on CR-105) to show that you are indigent. You can approved electronic recording equipment. If your get form CR-105 at any courthouse or county law case was officially recorded, you can ask to have a library or online at www.courts.ca.gov/forms. The transcript prepared from that official electronic court will review this form to decide whether you recording. You should check with the trial court to are indigent.
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CR-131-INFO Information on Appeal Procedures for Misdemeanors the trial court (please note that it may take more of If you are indigent, an official electronic recording your time to prepare a statement on appeal than to of your case was made, and you show that you use either a reporter’s transcript or electronic need a transcript, the court must provide you with recording, if they are available). a free transcript. As with reporter’s transcripts, whether you need a transcript depends on the Contents: A statement on appeal must include: issues you are raising on appeal. If the issues you • A statement of the points you (the appellant) are raising on appeal include that there was not are raising on appeal; substantial evidence supporting the judgment, order, or other decision you are appealing or that • A summary of the trial court’s rulings and there was misconduct in your case that harmed judgment; and you, that is generally enough to show that you • A summary of the testimony of each witness need a transcript. If you ask for a transcript, the and other evidence that is relevant to the court may ask you what issues you are raising on issues you are raising on appeal. appeal and may decide that a statement on appeal or a transcript of only some of the oral (See rule 8.869 of the California Rules of Court proceedings will be a good enough record to for more information about what must be included consider the issues you are raising. in a statement on appeal and the procedures for preparing a statement. You can get this rule at any If the court finds that you are not indigent, it will courthouse or county law library or online at send you a notice and you will have a chance to www.courts.ca.gov/rules.htm.) use a statement on appeal instead or take one of the other actions listed in rule 8.868. Preparing a proposed statement: If you choose to use a statement on appeal, you must prepare a Completion and delivery: Once you deposit the proposed statement. If you are not represented by estimated cost of the transcript or the official a lawyer, you must use Proposed Statement on electronic recording with the clerk or show the Appeal (Misdemeanor) (form CR-135) to prepare court you are indigent and need a transcript, the your proposed statement. You can get form clerk will have the transcript or copy of the CR-135 at any courthouse or county law library or recording prepared. When the transcript is online at www.courts.ca.gov/forms. completed or the copy of the official electronic recording is prepared, the clerk will send the Serving and filing a proposed statement: You transcript or recording to the appellate division must serve and file your proposed statement in the along with the clerk’s transcript. trial court within 20 days after you file your notice regarding the record of the oral proceedings.c. Statement on appeal “Serve and file” means that you must: Description: A statement on appeal is a summary • Have somebody over 18 years old who is not a of the trial court proceedings approved by the trial party to the case—so not you—mail or deliver court judge who conducted those proceedings (the (“serve”) a copy of the proposed statement to term “judge” includes commissioners and the prosecuting attorney and any other party in temporary judges). the way required by law.
When available: If the trial court proceedings • Make a record that the proposed statement has
were not recorded either by a court reporter or by been served. This record is called a “proof of
official electronic recording equipment, or if you service.” Proof of Service (Appellate Division)
do not want to use either of these forms of the (form APP-109) can be used to make this
record, you can choose (“elect”) to use a statement record. The proof of service must show who
on appeal as the record of the oral proceedings in
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CR-131-INFO Information on Appeal Procedures for Misdemeanors served the proposed statement, who was Sending the statement to appellate division: Once served with the proposed statement, how the the trial court judge certifies the statement on proposed statement was served (by mail or in appeal, the trial court clerk will send the statement person), and the date the proposed statement to the appellate division along with the clerk’s was served. transcript.
• File the original proposed statement and the 15 Is there any other part of the record
proof of service with the trial court. You that needs to be sent to the appellate
should make a copy of the proposed statement division? you are planning to file for your own records
before you file it with the court. It is a good Yes. There are two other parts of the official record that
idea to bring or mail an extra copy of the need to be sent to the appellate division:
proposed statement to the clerk when you file • Documents filed in the trial court: The trial court your original and ask the clerk to stamp this clerk is responsible for preparing a record of the copy to show that the original has been filed. written documents filed in your case, called a
“clerk’s transcript,” and sending this to the appellate You can get more information about how to serve division. (The documents the clerk must include in court papers and proof of service from What Is this transcript are listed in rule 8.861 of the Proof of Service? (form APP-109-INFO) and on California Rules of Court. You can get a copy of this the California Courts Online Self-Help Center at rule at any courthouse or county law library or www.courts.ca.gov/selfhelp-serving.htm. online at www.courts.ca.gov/rules.htm.)
Review and modifications: The prosecuting • Exhibits submitted during trial: Exhibits, such as attorney and any other party have 10 days from the photographs, that were admitted in evidence, date you serve your proposed statement to serve refused, or lodged (temporarily placed with the and file proposed changes (called “amendments”) court) in the trial court are considered part of the to this statement. The trial court judge then record on appeal. If you want the appellate division reviews both your proposed statement and any to consider such an exhibit, however, you must ask proposed amendments filed by the prosecuting the trial court clerk to send the original exhibit to the attorney and any other party. The judge will then appellate division within 10 days after the last make or order you to make any corrections or respondent’s brief is filed in the appellate division. modifications to the statement needed to make (See rule 8.870 of the California Rules of Court for sure that the statement provides a complete and more information about this procedure. You can get accurate summary of the relevant testimony and a copy of this rule at any courthouse or county law other evidence. library or online at www.courts.ca.gov/rules.)
Sometimes, the trial court returns an exhibit to a Completion and certification: If the judge makes party at the end of the trial. If the trial court returned or orders you to make any corrections or an exhibit to you or another party and you or the modifications to the proposed statement, the other party ask for the exhibit to be sent to the corrected or modified statement will be sent to appellate division, the party who has the exhibit you, the prosecuting attorney, and any other party must deliver that exhibit to the appellate division as for your review. If you disagree with anything in soon as possible. the judge’s statement, you will have 10 days from
the date the statement is sent you to serve and file
objections to the statement. The judge then
reviews any objections, makes any additional
corrections to the statement, and certifies the
statement as a complete and accurate summary of
the relevant testimony and other evidence.
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CR-131-INFO Information on Appeal Procedures for Misdemeanors
16 What happens after the record is • Make a record that the brief has been served. This prepared? record is called a “proof of service.” Proof of Service (Appellate Division) (form APP-109) can be used to As soon as the record of the oral proceeding is ready, the make this record. The proof of service must show clerk of the trial court will send it to the appellate who served the brief, who was served with the brief, division along with the clerk’s transcript. When the how the brief was served (by mail or in person), and appellate division receives this record, it will send you a the date the brief was served. notice telling you when you must file your brief in the appellate division. • File the original brief and the proof of service with the appellate division. You should make a copy of 17 the brief you are planning to file for your own What is a brief? records before you file it with the court. It is a good idea to bring or mail an extra copy of the brief to theA brief is a party’s written description of the facts in the clerk when you file your original and ask the clerk tocase, the law that applies, and the party’s argument about stamp this copy to show that the original has beenthe issues being appealed. If you are represented by a filed.lawyer in your appeal, your lawyer will prepare your brief. If the appellate division has permitted you to You can get more information about how to serve courtrepresent yourself, you will have to prepare your brief papers and proof of service from What Is Proof ofyourself. You should read rules 8.880–8.891 of the Service? (form APP-109-INFO) and atCalifornia Rules of Court, which set out the www.courts.ca.gov/selfhelp-serving.htm.requirements for preparing, serving, and filing briefs in misdemeanor appeals, including requirements for the If you do not file your brief by the deadline set by theformat and length of those briefs. You can get copies of appellate division, the court may dismiss your appeal.these rules at any courthouse or county law library or online at www.courts.ca.gov/rules.htm. 18 What happens after I file my brief? Contents: If you are the appellant (the party who is Within 30 days after you serve and file your brief, theappealing), your brief, called the “appellant’s opening respondent (the prosecuting agency) may, but is notbrief,” must clearly explain what you believe are the required to, respond by serving and filing a respondent’slegal errors made in the trial court. Your brief must refer brief. If the respondent does not file a brief, the appellantto the exact places in the clerk’s transcript and the does not automatically win the appeal. The court willreporter’s transcript (or other record of the oral decide the appeal on the record, the appellant’s brief, andproceedings) that support your argument. Remember any oral argument by the appellant.that an appeal is not a new trial. The appellate division 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 the respondent’s brief. This is called a “reply brief.”Serving and filing: You must serve and file your brief in the appellate division by the deadline the court set in the 19 What happens after all the briefs havenotice it sent you, which is usually 30 days after the been filed?record is filed in the appellate division. “Serve and file” means that you must: Once all the briefs have been served and filed or the time • Have somebody over 18 years old who is not a party to serve and file them has passed, the court will notify to the case—so not you—mail or deliver (“serve”) you of the date for oral argument in your case unless the brief to the respondent (the prosecuting agency) your case presents no arguable issues for the court to and any other party in
nd filed or the time • Have somebody over 18 years old who is not a party to serve and file them has passed, the court will notify to the case—so not you—mail or deliver (“serve”) you of the date for oral argument in your case unless the brief to the respondent (the prosecuting agency) your case presents no arguable issues for the court to and any other party in the way required by law.
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CR-131-INFO Information on Appeal Procedures for Misdemeanors consider. If your case presents no arguable issues, the court will not hold oral argument. What should I do if I want to give 22 20 up my appeal? What is oral argument? “Oral argument” is the parties’ chance to explain their If you decide you do not want to continue with your arguments to the appellate division judges in person. appeal, you must file a written document with the You do not have to participate in oral argument if you do appellate division notifying it that you are giving up (this not want to; you can notify the appellate division that is called “abandoning”) your appeal. You can use you want to “waive” (give up) oral argument by serving Abandonment of Appeal (Misdemeanor) (form CR-137) and filing a notice within 7 days after the notice of oral to file this notice in a misdemeanor case. You can get argument was sent by the court. You can use Notice of form CR-137 at any courthouse or county law library or Waiver of Oral Argument (Misdemeanor) (form online at www.courts.ca.gov/forms.htm. CR-138) to waive oral argument. If you decide not to continue your appeal and it is If all parties waive oral argument, and the appellate dismissed, you will (with only very rare exceptions) division approves the waiver and takes the oral argument permanently give up the chance to raise any objections off calendar, the judges will decide your appeal based on to your conviction, sentence, or other matter that you the briefs and the record that were submitted. But if one could have raised on the appeal. If you were released party waives oral argument and another party or parties from custody with or without bail or your sentence or do not, the appellate division will hold oral argument any probation conditions were stayed during the appeal, with any party or parties who choose to participate, you may be required to start serving your sentence or including any party who asked to waive oral argument. complying with your probation conditions immediately after your appeal is dismissed. If you choose to participate in oral argument, each party will have up to 10 minutes for argument, unless the court orders otherwise. If the appellate division has permitted you to represent yourself, remember that the judges will already have read the briefs, so you do not need to read your brief to the judges. It is more helpful to tell the judges what you think is most important in your appeal or ask the judges if they have any questions you could answer.
21 What happens after oral argument?
After the oral argument is held (or all parties waive oral argument and the court approves the waiver), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after oral argument (or the date its waiver was approved) to decide the appeal. The clerk of the court will mail you a notice of that decision.
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