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Appeals

Filing an Appeal

Felony, Misdemeanors, Traffic and Juvenile Delinquency Appeals

Trial by Declarations

Juvenile Dependency

Civil - General (Limited and Unlimited), Unlawful Detainers, Family Law, Adoption, and Probate

Small Claims

Fee Waivers

Briefs

Courts of Appeal
Link to the Courts of Appeals Web Site

California Appellate Cases
This database spans the entire collection of official California case law (starting in 1850). Offers either text-search or official citation provided by LexisNexis.

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Filing an Appeal

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 to 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.courts.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.

Felony, Misdemeanors, Traffic and Juvenile Delinquency Appeals

(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.courts.ca.gov/forms

Notice of Appeals for these cases should be filed in the Criminal Division located at 1426 South Drive, Bldg. A, Hanford, CA 93230.  The telephone numbers for information before the filing of an appeal are: Criminal Division (559) 582-1010 extension 3052 or 3061, Traffic Division (559) 582-1010 extension 3052 or 3061, and Juvenile Delinquency at (559) 582-1010 extension 3052 or 3061.  After a Notice of Appeal has been filed you may contact the Appellate Division at (559) 582-1010 extension 3052 or 3061. Office hours available to the public are Monday - Thursday 8:00AM to 4:00PM and on Fridays 8:00AM - 11:30AM. Filings are accepted until 3:00pm for same day processing.

Trials by Declaration

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 3053 or 3054. 

Juvenile Dependency

(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.courts.ca.gov/forms.

Notice of appeals for this case type should be filed in the Civil Division located at 1426 South Drive, Bldg. B, Hanford, CA 93230.

After a notice of appeal has been filed you may contact the Appellate Division at (559) 582-1010 extension 3082 for questions concerning status of appeal. Office hours are 8:00AM - 4:00PM Monday thru Thursday and 8:00AM - 11:30AM on Friday.  Filings are accepted until 3:00PM for processing the same day.

Civil-General (Limited and Unlimited), Unlawful Detainers, Family Law, Adoption, and Probate

Forms may be obtained from the court or from the Judicial Council web site located at www.courts.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 “Kings County Superior Court” and are required at the time of filing. Notice of appeals for these case types should be filed in the Civil Division located at 1426 South Drive, Bldg. B, Hanford, CA 93230. Office hours are 8:00AM - 4:00PM Monday thru Thursday and 8:00AM - 11:30AM on Friday. Filings are accepted until 3:00pm for same day processing.

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 Kings County Superior Court) for the clerk’s transcript. (see information below)

For questions regarding these types of appeals contact (559) 582-1010 x3073.

Small Claims

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.

Notice of Appeals regarding this case type can be filed at 1426 South Drive, Bldg. B, Hanford, CA 93230 regardless of which location your Small Claims hearing was heard. Office hours are 8:00AM - 4:00PM Monday thru Thursday and 8:00AM - 11:30AM on Friday. Filings are accepted until 3:00pm for same day processing.

For questions regarding these types of appeals contact (559) 582-1010 x3073.

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 file
  • Request to Waive Court Fees (FW-001)
  • Order on Court Fee Waiver (FW-003)
  • Order on Court Fee Waiver (Court of Appeal or Supreme Court) (App-016)
* If you plan on filing a fee waiver for both the Trial Court and Court of Appeal fees. You must file two (2) Request to Waive Court Fees (FW-001)(One for the trial court and one for the court of appeal) The Order on Court Fee Waiver (FW-003) and the Order on Court Fee Waiver (Court of Appeal or Supreme Court)(App-016).

Briefs

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.

 
Superior Court of California, Kings County
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