Glossary of Appellate Terms
The appeals process can be complex and daunting. As your appellate attorney, it's our job to provide the expertise and experience needed to help you navigate successfully through the legal system. Below, we explain some of the key terms used to describe the appellate process. 

Appellant: The party seeking relief from the Court of Appeal.

Appellant's Brief: The document prepared by the Appellant that summarizes the facts of the case and the reasons why the decision of the trial court is erroneous. This brief is the single most important document in an appeal. The outcome of the appeal depends on the arguments set forth in this brief.

Appellate Record: The written material that informs the Court of Appeal about the trial court proceedings. It usually consists of a Reporter's Transcript, and a Clerk's Transcript or Appendix.

Appellee: The party defending the trial court's judgment or order in federal Courts of Appeal.

Appendix: One or more bound volumes consisting of copies of all or most of the documents filed with the trial court. It is an alternative to the Clerk's Transcript and is a component of the Appellate Record.

Clerk's Transcript: One or more bound volumes consisting of copies of all or most of the documents filed with the trial court. It is a component of the Appellate Record.

Decision: The Court of Appeal's written decision, briefly explaining its reasons for affirming or reversing the order or judgment. Some decisions are published, which means that others can cite the case as binding legal authority.

District Court: The trial court in the Federal court system.

Federal Ninth Circuit Court of Appeals: The court that hears appeals from Federal District Courts in California and other western states.

Notice of Appeal: The document that begins the appeal process.  

Opinion: See Decision.

Oral Argument: The hearing before the panel of appellate judges that will decide the appeal. All parties have a right to oral argument in state appellate cases. In the Federal appellate system, the Court holds oral argument only if it is necessary to assist the Court in deciding the case.

Petition for Certiori: A petition to the United States Supreme Court requesting that it accept the case. Most Petitions are denied. The Supreme Court takes only cases that have a broad impact on federal law or federal constitutional rights.

Petition for Rehearing: A request that the Court of Appeal reconsiders its Decision. Such petitions are rarely granted.

Petition for Review: A petition to the California Supreme Court requesting that it accept the case. Most Petitions are denied. The Supreme Court takes only cases that have a broad impact on California law or state constitutional rights.

Remittitur: The document issued by the Court of Appeal, after the Decision is final, which returns the case to the Superior Court.

Reply Brief: The second and final brief filed by the Appellant, responding to the arguments contained in the Respondent's Brief.

Reporter's Transcript: The verbatim record of the hearing or trial, as transcribed by the court reporter. It is a component of the Appellate Record.

Respondent: The party defending the trial court's judgment or order in the Court of Appeal.

Respondent's Brief: The document filed by the party defending the trial court's judgment or order, setting forth the facts and legal arguments supporting the validity of that order or judgment.

Stay: The suspension of the trial court's judgment or order pending the outcome of the appeal. Such stays are usually not automatic, and the Appellant must take steps to protect themselves during the appeal process.

Superior Court: The trial court in the state court system. Each California County has its own Superior Court.

Writ Petition: A special request that the Court of Appeal grant immediate relief from a trial court order. Writ Petitions are rarely granted.