Appeals
Appellate Court
An appeal is a request to a higher court to review a decision made by a lower court. It is important to understand that in all cases, except small claims matters, an appeal is not a new trial and the appellate court will not retry the case.
The appellate court will not consider new evidence or reassess conflicting evidence. The appellate court will not hear from witnesses and only evidence presented at trial will be considered. The Appellate Division’s job is to review a record of what happened in the trial court and the decision of the
trial court to see if there are certain legal errors made in the case.
More Information on Appeals
To file a Parking Appeal, the final decision of the issuing or processing agency must first be reached.
- The contester shall file a Notice of Parking Appeal form with Superior Court, Traffic Division and pay the filing fees. The contester will be provided with the date, time and location of the hearing at that time.
- The contester shall serve a copy of the Notice of Appeal to the issuing agency with proof of service no later than 10 days prior to the hearing date.
- A judicial officer shall hear the case "de novo" and the contents of the issuing/processing agency's file will be received into evidence.
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The contester shall be provided with the judicial officer's "Notice of Decision-Parking Appeal" either at the conclusion of the hearing or by mail.
Small claims courts do not have a court reporter or electronic record of the court hearing; because of this a small claims court appeal results in a trial de novo (new trial). This means that the appellate judge will hear the case from the beginning without referral back to what the trial judge had decided. If you appeal your small claims court decision, you will have to represent your evidence and testimony from the beginning to the appellate judge.
The plaintiff may not appeal a small claims case. Only the defendant or the plaintiff who was the defendant in a counter-suit may appeal the ruling of a small claims case.
If there are multiple defendants in a small claims court cause of action, any one of them may appeal, causing all the defendants to have to reappear in court to re-defend themselves in the small claims appeal.
Normally in small claims court causes of action, you may not have an attorney attend and represent you in the hearing, however, in small claims appeals you may hire an attorney to argue your case before the court in small claims court appeals.
If you must change your trial date, you must send a written request to the court stating your reasons for the change. You must also send a copy of this request to the other parties in the appeal.
Deadline
(Statue of Limitations)
You must file an appeal within thirty days of the mailing of Notice of Entry of Judgment. After thirty days there is an automatic Entry of Final Judgment after which you have no more right to appeal.
The thirty days are calculated from the beginning of the day after the date shown as the mailing date on the Notice of Entry of Judgment form. If the 30th day falls on a weekend or a court holiday, your appeal must be filed the next court day
Filing Fee
See Court Filing Fees.
Money orders or checks should be made payable to Kern County Superior Court and are required at the time of filing.
What if I can't afford to pay?
The Appellant or the attorney for the appellant files a Notice of Appeal by the deadline. California Rules of Court 8.300 – 8.368 govern this appeal type.
Deadline
Within sixty (60) days of the judgment or the order being appealed.
Forms
Appeals will be accepted at the Appeals Division or at the trial court in which the case was heard. Refer to California Rules of Court 2.100-2.119 for proper format.
Filing Fee
No filing fees are associated with this case type or filing. For a list of filing fees see Court Filing Fees.
The Appellant or Petitioner files a Notice of Appeal or a Notice of Intent to File Writ Petition with the Appeals Division or at the trial court where the case was heard, by the deadline. California Rules of Court 8.400-8.482 govern these filing types.
Deadline
Within sixty (60) days of the judgment or the order being appealed. Separate information regarding Notice of Intent to File Writ Petitions is provided below.
Forms
Appeals may be filed at the Appeals Division or at the trial court where the case was heard. Refer to California rules of court 2.100-2.119 for proper format.
Filing Fee
No filing fees are associated with this case type and or filing. For a list of filing fees, see Court Filing Fees.
Additional Information
If you wish to preserve your right to appeal the court’s decision of the order setting a hearing pursuant to Welfare and Institutions Code 366.26, or an order designating or denying specific placement of a dependent child after termination of parental rights, a Notice of Intent to File a Writ Petition and Request for Record must be filed within seven (7) days of the court’s order. Please file all Notice of Intent to File a Writ Petition with the Appeals Division or the Juvenile Justice Division.
Petitions for Extra-Ordinary Writ must be filed with the Fifth District Court of Appeal.
The Appellant files a Notice of Appeal with the Appeals Division or the trial court where the case was heard by the deadline. California Rules of Court 8.880-8.1018, Civil Code of Procedure 904.2 and 906 govern these appeal types. For information on Writ Proceedings in Limited matters, please see Additional Information Section below.
Deadline
Within thirty (30) days of mailing or personal service of Notice of Entry of Judgment. Exception: ninety (90) days from Entry of Judgment if notice was not mailed or personally served.
Forms
Appeals will be accepted at the Appeals Division or at the trial court in which the case was heard. Refer to California Rules of Court 2.100-2.119 for proper format.
Filing Fee
See Court Filing Fees
Money orders or checks should be made payable to Kern County Superior Court and are required at the time of filing.
What if I can't afford to pay?
Additional Information: Deadlines for Writ Petitions vary depending on writ type and are outlined in the Information on Writ Proceedings in Misdemeanor, Infraction and Limited Civil Cases (APP-150-INFO) form. Please see this form for full information on what a Writ Petition is, including deadlines, types of Writ Proceedings and frequently asked questions.
Filing an appeal or writ petition does not stop enforcement of a judgment. If you file an appeal or writ petition you must still comply with all the conditions and terms of the judge’s order.
The appellant or the attorney for the appellant files a Notice of Appeal by the deadline. The appellant must also designate a record of oral proceedings and can request appointment of appellate counsel. California Rules of Court 8.800-8.1018 govern this appeal type. For information on Writ Proceedings in Misdemeanor matters, please see Additional Information Section below.
Deadline
Within thirty (30) days of entry of the judgment or order being appealed.
Forms
Appeals will be accepted at the Appeals Division or at the trial court in which the case was heard. Refer to California Rules of Court 2.100-2.119 for proper format.
Filing Fee
There is no filing fee for a Notice of Appeal. In some circumstances a fee to prepare a transcript from a court reporter or electronic recording may apply, see California Rule of Court 8.868 (e)(2). In some circumstances a fee for representation from a court appointed attorney may apply, see California Rule of Court 8.851.
Additional Information
Deadlines for Writ Petitions vary depending on writ type and are outlined in the Information on Writ Proceedings in Misdemeanor, Infraction and Limited Civil Cases (APP-150-INFO) form. Please see this form for full information on what a Writ Petition is, including deadlines, types of Writ Proceedings and frequently asked questions.
Filing an appeal or writ petition does not stop enforcement of a judgment. If you file appeal or writ petition you must still comply with all the conditions and terms of the judge’s order.
The appellant or the attorney for the appellant files a Notice of Appeal by the deadline. The appellant must also designate a record of oral proceedings. California Rules of Court 8.800-8.1018 govern this appeal type. For information on Writ Proceedings in Infraction matters, please see Additional Information Section below.
Deadline
Within thirty (30) days of entry of the judgment or order being appealed.
Forms
Appeals will be accepted at the Appeals Division or at the trial court in which the case was heard. Refer to California Rules of Court 2.100-2.119 for proper format.
Filing Fee
There is no filing fee for a Notice of Appeal. In some circumstances a fee to prepare a transcript from a court reporter or electronic recording may apply, see California Rule of Court 8.917.
Additional Information
Deadlines for Writ Petitions vary depending on writ type and are outlined in the Information on Writ Proceedings in Misdemeanor, Infraction and Limited Civil Cases (APP-150-INFO) form. Please see this form for full information on what a Writ Petition is, including deadlines, types of Writ Proceedings and frequently asked questions.
Filing an appeal or writ petition does not stop enforcement of a judgment. If you file an appeal or writ petition you must still comply with all the conditions and terms of the judge’s order.
The Appellant files a Notice of Appeal with the Appeals Division. California Rules of Court 8.820–8.843 and 8.880–8.891 govern these filing types.
Deadline
30 days after mailing or personal service of Notice of Entry of Judgment. Exception: 90 days from Entry of Judgment if the notice was not mailed or personally served.
Filing Fee
See Court Filing Fees.
Money orders or checks should be made payable to Kern County Superior Court and are required at the time of filing.
What if I can't afford to pay?
The appellant files a Notice of Appeal with the appeals division or the trial court where the case was heard by the deadline. California Rules of Court 8.100-8.278 govern this appeal type. You may also refer to Civil Codes of Procedure 904.1 and 906.
Deadline
Sixty (60) days after mailing or personal service of the entry of judgment. Exception: One Hundred Eighty (180) days from entry of judgment if notice was not mailed or personally served.
Forms
Appeals will be accepted at the Appeals Division or at the trial court in which the case was heard. Refer to California Rules of Court 2.100–2.119 for proper format.
Filing Fee
See Court Filing Fees.
Money orders or checks should be made payable to Kern County Superior Court and are required at the time of filing.