California Civil Appeals

Civil Appellate Review

An appeal is not a new trial. The appellate court generally reviews the proceedings that occurred in the trial court to determine whether reversible legal error occurred.

That review can involve questions concerning the applicable law, the trial court's rulings, the evidence and objections contained in the record, preservation of issues, the applicable standard of review, and whether an identified error affected the outcome in a manner warranting appellate relief.

For that reason, a successful appellate analysis ordinarily begins with the record created in the trial court.

The strength of an appeal may depend not only on the importance of the ruling being challenged, but also on how the issue was presented below and the standard the appellate court must apply when reviewing it.

Judgments and Appealable Orders

California civil appellate jurisdiction generally depends upon the existence of an appealable judgment or order.

A final judgment will commonly provide a basis for appellate review, while certain orders may be immediately appealable even though other proceedings remain pending in the trial court. Other significant interlocutory rulings may not be directly appealable and may instead raise questions concerning extraordinary writ review.

Determining whether appellate jurisdiction exists is therefore often one of the first issues that should be considered.

California Writ Petitions

The Standard of Review Matters

One of the most important questions in any appeal is how the appellate court will review the trial court's decision.

Different issues are reviewed under different standards. Some legal questions may receive independent review, while other rulings may be reviewed with substantial deference to the trial court.

The applicable standard of review can materially affect both the issues selected for appeal and the manner in which those issues should be presented.

Appellate strategy therefore involves more than identifying rulings with which a party disagrees. It requires determining which rulings are properly reviewable, under what standard, and on what record.

Preservation of Appellate Issues

An appellate court ordinarily considers issues based upon the record developed in the trial court.

Arguments, objections, evidence, requests for rulings, and other actions taken below may affect what can later be raised on appeal.

For this reason, appellate considerations can sometimes become important before judgment is entered. Summary judgment, other dispositive motions, evidentiary proceedings, and significant trial-court rulings can all influence the issues ultimately available for appellate review.

Where substantial appellate issues may be developing, consultation before the trial-court proceedings have concluded can sometimes help identify preservation and record-development concerns while there is still an opportunity to address them.

Appellate Strategy Before Judgment

The Appellate Record

The appellate court reviews a record of what occurred below. Depending on the matter, that record may include a clerk's transcript, an appendix, a reporter's transcript, exhibits, and other portions of the trial-court proceedings that are properly before the reviewing court.

Selecting and preparing an adequate record is therefore an important part of appellate practice.

This site provides separate information concerning how the appellate record is designated, prepared, and transmitted under the California Rules of Court, and why the availability of a verbatim record of oral proceedings differs from county to county.

• Preparing the Appellate Record in California
• Clerk's and Reporter's Transcripts in California

Types of Civil Matters

Civil appellate issues can arise in many different forms of litigation.

Mr. Ogden's appellate practice may involve matters arising from business and financial disputes, probate and trust proceedings, family law litigation, anti-SLAPP proceedings, summary judgment, statutory and constitutional questions, and other complex civil matters.

The appropriate appellate analysis depends on the particular judgment or order, the procedural history of the case, the record created below, and the legal issues presented.

The fact that a case falls within a particular subject area does not by itself determine the strength of an appeal.

Appeals From California Superior Courts

Civil appeals arising from any California superior court that fall within the jurisdiction of the Court of Appeal proceed to the appellate district that serves the county in which the case was tried; in the First, Second, and Fourth Districts the matter is also assigned to a division.

The appellate proceeding nevertheless begins with important steps in the superior court, including the notice of appeal and preparation of the record.

This site contains separate statewide resources addressing that process, district by district.

• Appeals From California Superior Courts
• Filing a Notice of Appeal in California
• California Appeals Before the Courts of Appeal

Evaluating a Potential Civil Appeal

Not every unfavorable judgment or order presents a viable appellate case.

An appellate evaluation may consider:

• Whether the judgment or order is appealable
• Whether the appeal is timely
• Which issues were preserved
• The applicable standard of review
• Whether the appellate record supports the issue
• Whether legal error occurred
• Whether any error was sufficiently significant to warrant appellate relief
• The practical objectives of pursuing the appeal

In some cases, the most important appellate question is not simply whether an error occurred, but whether that error can realistically provide a basis for relief on appeal.