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Superior Court of California - County of San Diego: Appeals: Appeals FAQ Main: Appellate Division FAQ
      

San Diego Superior Court Appellate Division
Frequently Asked Questions 
(Limited Civil, Infractions and Misdemeanors)

1. What is the Appellate Division?
2. What does the Appellate Division do?
3. Where do I file an appeal?
4. When can I file my appeal?
5. Is there a filing fee for an appeal?
6. Where can I get detailed information about filing an appeal?
7. What is a proof of service?
8. I'm appealing a traffic ticket. Will the officer be there?



1.  What is the Appellate Division?

The Appellate Division hears all appeals in limited civil cases, misdemeanors and infractions for the San Diego Superior Court. The Appellate Division is located in downtown San Diego on the 3rd floor, Room 3005 of the County Courthouse, 220 W. Broadway.

 Back to Top2.  What does the Appellate Division do?

  • The Appellate Division will review the action of the trial court. In filing an appeal your task is to convince the reviewing court that the trial court made a legal error in deciding your case. If you are successful on appeal, the decision or order of the trial judge may be reversed or your case may be returned to the trial court for re-hearing or further action.

  • The Appellate Division will not conduct a new trial, consider new facts, or reweigh the credibility of witnesses. Evidence that was not presented to the trial court cannot be included in the appeal.

3.  Where do I file an appeal?

File your appeal with the trial court where your original case was heard. Once the record on appeal is complete, the trial court will send/certify the appeal to the Appellate Division.

4.  When can I file my appeal?

Timelines for appeal depend on the type of case you are appealing.  Click here for more information.

 Back to Top5.  Is there a fee for filing an appeal?

There is no fee for filing an appeal on a misdemeanor or infraction case. Check the current schedule of fees for filing an appeal on a limited civil case.

6.  Where can I get detailed information about filing an appeal?

The rules on appeal are technical.  It is helpful to have the advice of an attorney, but it is not required.  The California Rules of Court control many of the details of an appeal to the Appellate Division of Superior Court.  These rules can be found at your local law library or on the internet at http://www.courts.ca.gov/7260.htm?title=eight.

  • Division 2. Chapter 1. California Rules of Court, rules 8.700 - 8.793

 Back to Top7.  What is a proof of service?

  • All filings with the Appellate Division must be accompanied with a Proof of Service (Appellate Division) (APP-109).

  • There are two types of service: personal service and service by mail.

  • The proof of service form (POS) is a signed declaration stating a copy of your filings was mailed to the opposing party. The POS must be filled out by someone over the age of 18 and not a party to the action. Instructions for filling out the POS are on the back of the downloadable form.

8.   I'm appealing a traffic ticket. Will the officer be there?

No. The Appellate Division will not conduct a new trial. If you are appealing a decision because the judge or commissioner at the trial court believed the officer's testimony over your testimony, this is not something the Appellate Division can review.   For more information on traffic appeals, click here.


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