Q:
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What is the procedure for an appeal?
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A:
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In broad terms, there are three
stages to an appeal.
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The first stage is the preparation of
the appellate record. Once an
Appellant files a Notice of Appeal, the Superior Court
clerk or the
parties themselves prepare a Clerk's Transcript or Appendix, which is a
copy of documents contained in the trial court's file. At the same
time, the court reporter transcribes the courtroom proceedings into a Reporter's Transcript.
The Clerk's
Transcript or Appendix, and the
Reporter's Transcript, together comprise the Appellate Record. Once the
Appellate Record is complete, an original set is filed with the Court
of Appeal, and copies are distributed to the parties. The record
procedures are different in the federal Ninth Circuit Court of Appeals.
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The second stage begins after the
Appellate Record is filed and served.
This is the briefing stage. The Appellant must summarize the evidence
and legal arguments in an Appellant's Brief. Once that is
filed with
the Court of Appeal, the Respondent (Appellee in federal courts) prepares and files a Respondent's
Brief, answering the arguments raised by the Appellant. The
Appellant
gets the last word by filing a Reply Brief. These briefs are the
most
important documents in an appeal. The appeal will be won or lost, in
part, because of the quality of the briefs and the arguments presented
in them.
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The third stage is the Oral Argument and Decision.
Oral arguments are a
matter of right in California state appeals, but are discretionary in
federal Ninth Circuit Appeals. Although oral arguments rarely affect
the outcome of the appeal, they do provide an opportunity to answer any
questions the appellate court justices may have about your case. After
the oral argument, the Court of Appeal issues its written Decision (also called an "Opinion") within 90 days (or longer
in the Ninth
Circuit).

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