CR-141-INFO 1 Information on Appeal Procedures for Infractions For information about appeal procedures in other cases, see: Information on Appeal Procedures for Misdemeanors (form CR-131-INFO) Information on Appeal Procedures for Limited Civil Cases (form APP-101-INFO) You can get these forms at any courthouse or county law library or online at www.courts.ca.gov/forms. "prejudicial error"). Prejudicial error can include things like errors made by the judge about the law or errors or misconduct by the lawyers that harmed the appellant. When it conducts its review, the appellate division presumes that the judgment, order, or other decision being appealed is correct. It is the responsibility of the appellant to show the appellate division that an error was made and that the error was harmful. No substantial evidence: The appellant may also ask the appellate division to determine if there was substantial evidence supporting the judgment, order, or other decision being appealed. When it conducts its review, the appellate division only looks to see if there was evidence that reasonably supports the decision. The appellate division generally will not reconsider the trial court's conclusion about which side had more or stronger evidence or whether witnesses were telling the truth or lying. The appellate division generally will not overturn the judgment, order, or other decision being appealed unless the record clearly shows that one of these legal errors was made. 4 What does this information sheet cover? This information sheet tells you about appeals in infraction cases. It is only meant to give you a general idea of the appeal process, so it does not cover everything you may need to know about appeals in infraction cases. To learn more, you should read rules 8.900­8.929 of the California Rules of Court, which set out the procedures for infraction appeals. You can get these rules at any courthouse or county law library or online at www.courts.ca.gov/rules. 2 What is an infraction? Infractions are crimes that can be punished by a fine, traffic school, or some form of community service but not by time in jail or prison. (See Penal Code sections 17, 19.6, and 19.8. You can get a copy of these laws at http://leginfo.legislature.ca.gov/faces/codes.xhtml.) Examples of infractions are many traffic violations for which you can get a ticket or violations of some city or county ordinances for which you can get a citation. If you were also charged with or convicted of a misdemeanor, then your case is a misdemeanor case, not an infraction case. 3 What is an appeal? An appeal is a request to a higher court to review a ruling or decision made by a lower court. In an infraction case, the court hearing the appeal is the appellate division of the superior court, and the lower court--called the "trial court" in this information sheet--is the superior court. It is important to understand that an appeal is NOT a new trial. The appellate division will not consider new evidence, such as the testimony of new witnesses or new exhibits. The appellate division's job is to review a record of what happened in the trial court and the trial court's decision to see if certain kinds of legal errors were made in the case: Prejudicial error: The party that appeals (called the "appellant") may ask the appellate division to determine if an error was made about either the law or court procedures in the case that caused substantial harm to the appellant (this is called Do I need a lawyer to appeal? You do not have to have a lawyer; you are allowed to represent yourself in an appeal in an infraction case. But appeals can be complicated, and you will have to follow the same rules that lawyers have to follow. If you have any questions about the appeal procedures, you should talk to a lawyer. You will need to hire a lawyer yourself if you want one. You can get information about finding a lawyer on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-lowcosthelp.htm. CR-141-INFO, Page 1 of 8 _____________________________________________________________________________ Judicial Council of California, www.courts.ca.gov Rev. January 1, 2017, Optional Form Cal. Rules of Court, rules 8.900­8.929 Information on Appeal Procedures for Infractions American LegalNet, Inc. www.FormsWorkFlow.com CR-141-INFO Information on Appeal Procedures for Infractions form CR-142 at any courthouse or county law library or online at www.courts.ca.gov/forms.htm. 8 If you are representing yourself, you must put your address, telephone number, fax number (if available), and e-mail address (if available) on the cover of every document you file with the court and let the court know if this contact information changes so that the court can contact you if needed. 5 Is there a deadline for filing my notice of appeal? Who can appeal? Only a party in the trial court case can appeal a decision in that case. You may not appeal on behalf of a friend, a spouse, a child, or another relative. The party that is appealing is called the APPELLANT; in an infraction case, this is usually the party convicted of committing the infraction. The other party is called the RESPONDENT; in an infraction case, this is usually the government agency that filed the criminal charges (on court papers, this party is called the People of the State of California). 6 Yes. In an infraction case, you must file your notice of appeal within 30 days after the trial court makes ("renders") its judgment in your case or issues the order you are appealing. The date the trial court makes its judgment is normally the date the trial court orders you to pay a fine or orders other punishment in your case (sentences you). This deadline for filing the notice of appeal cannot be extended. If your notice of appeal is late, the appellate division will not be able to consider your appeal. 9 How do I file my notice of appeal? Can I appeal any decision that the trial court made? No. Generally, you may appeal only a final judgment of the trial court--the decision at the end that decides the whole case. The final judgment includes the punishment that the court imposed. Other rulings made by the trial court before final judgment cannot be separately appealed, but can be reviewed only later as part of an appeal of the final judgment. In an infraction case, the party that was convicted of committing an infraction usually appeals that conviction or the sentence (the fine or other punishment) ord