California Superior Court Appellate Divisions

Jurisdiction

Appellate-division jurisdiction is defined by statute and turns on the type of case in the trial court: limited civil cases, misdemeanors, and infractions. Unlimited civil and felony matters proceed to the Court of Appeal instead. Because the classification of the underlying case controls, confirming which reviewing court has jurisdiction is a threshold step in any appeal.

A Separate Statewide Rule Set

Appeals to the appellate division are governed by their own division of Title 8 of the California Rules of Court, with distinct rules for the notice of appeal, the record, briefing, oral argument, and decision in limited civil cases and in misdemeanor and infraction cases. The record of oral proceedings is ordinarily prepared from the official electronic recording where one was made, or by a statement on appeal.

• California Rules of Court — Appellate Division RulesJudicial Council of California courts.ca.gov

Local Practice Varies

Some superior courts have adopted dedicated local rules for their appellate divisions covering electronic filing, where notices of appeal may be submitted, stays, tentative rulings, and oral argument. Others rely on the statewide rules alone. The superior court's current local rules should be checked for the county in question.

Transfer to the Court of Appeal

An appellate-division judgment does not ordinarily create another appeal as of right. The Court of Appeal may instead order a case transferred to itself, on the appellate division's certification or on its own motion, when transfer appears necessary to secure uniformity of decision or to settle an important question of law, under the statewide transfer rules.

California Appeals Before the Courts of Appeal

Writs

The appellate division also hears petitions for extraordinary writs directed to the superior court in limited civil, misdemeanor, and infraction matters, under rules that parallel the Court of Appeal writ rules.

California Writ Petitions