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The following
information does not apply to appeals from a small claims judgment.
A written notice of
appeal is the most important document when requesting the court review
your matter. The notice of appeal must be filed before the deadline.
There are many time limits and regulations in proceeding with an appeal,
failure to meet the time limits may result in dismissal of your appeal.
Rules relating to appeals can be found in the California Rules of
Court Web Site located at
www.courtinfo.ca.gov/rules. You are responsible for preparing all documents and any
legal research you feel is necessary for your case. All papers filed with
the court must be served on the opposing party or that party’s attorney.
The clerk cannot advise you on any legal issues nor advise you as to the
content of any papers required.
When you file an
appeal, you are asking the appellate court to review a decision of the
trial judge because you disagree with it. The appellate court cannot
review questions of fact. It can only decide if there was an error of law
that was serious enough to have prevented you from having a fair trial.
The appellate court cannot retry the case. The court cannot consider any
evidence that was not presented at trial. The appellate court can only
look at the record on appeal and decide if the trial judge’s decision in
the case is supported by substantial evidence.
(There are no filing
fees for these types of cases.)
Forms may be obtained
from the court or from the Judicial Council web site located at
www.courtinfo.ca.gov/forms
Notice of appeals for
these cases should be filed in the Criminal Division-Hanford located at
1426 South Drive, Hanford, CA 93230. The telephone numbers for
information before the filing of an appeal are: Criminal Division (559)
582-1010 extension 3051 or 3052, Traffic Division (559) 582-1010 extension 3051
or 3052,
and Juvenile Delinquency at (559) 582-1010 extension 3036. After a notice
of appeal has been filed you may contact the Appellate Division at (559)
582-1010 extension 3051 or 3052. Office hours are 8:00 a.m. to 5:00 p.m.
Monday thru Friday. Filings are accepted until 3:00 p.m. for processing
the same day.
If you are dissatisfied with the court’s decision you may ask for a new trial (“Trial
De Novo”). In order to obtain a new trial, you must file the Request for
New Trial (Trial de Novo) (form TR-220) within 20 days after the date the
court’s decision was mailed to you. Click
here to download the Request for New
Trial form TR-220. You may contact the Traffic Division
for information at (559) 582-1010 extension 3055, 3053 or 3054.
(There is no filing
fee for this type of case)
Forms may be obtained from the court or from the
Judicial Council web site located at
www.courtinfo.ca.gov/forms.
Notice of appeals for this case type should be filed in either the Family Law Division–Lemoore
located at 449 C Street, Lemoore, CA 93245 or the Family Law
Division-Hanford located at 1426 South Drive, Hanford, CA 93230.
After a notice of appeal has been filed you may contact the Appellate Division at (559)
582-1010 extension 3051 or 3052 for questions concerning status
of appeal. Office hours at all locations are 8:00 a.m. to 5:00 p.m. Monday
thru Friday. Filings are accepted until 3:00 p.m. for processing the same
day.
Forms may be obtained
from the court or from the Judicial Council web site located at
www.courtinfo.ca.gov/forms.
The filing fee for
limited civil cases can be found on the
fees page. Checks or money
orders should be made payable to the “Clerk of the Court” and are required
at the time of filing.
Appeals from the
Superior Court of California, County of Kings the filing fee may be found
on the
fees page and are payable by check or money order to the
Fifth District Court of Appeal. The Superior Court requires a check or
money order deposit (made payable to the Clerk of the Court) for the
clerk’s transcript. (see information below)
Notice of Appeal must
be filed and fee posted (see fees page). Once the notice has been
filed the clerks will mail out a copy to all parties. The matter will
then be set for a Trial De Novo hearing. A Notice of Hearing will then be
mailed to all parties. At the Trial De Novo the entire case will
be heard over again.
Fee Waivers
If you cannot afford
to pay court fees and costs, you may qualify for a waiver of those costs.
If you income is not enough to pay for the common necessities of life for
yourself and the people you support and also pay court fees and costs, you
may obtain an Application for Waiver of Court Fees and Costs and Order
form from the court (there is no charge for the application packet) or
from the Judicial Council web site
located at
www.courtinfo.ca.gov/forms
After the record is
filed in the appellate court, you will receive a notice advising you when
to file your brief. A brief is your chance to tell the appellate court,
in writing, what legal errors were made at trial and why your case should
be reversed.
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