TR-150 INSTRUCTIONS ON APPEAL PROCEDURES FOR INFRACTIONS The following information will assist you with the general guidelines on appeal procedures. It is not intended to be COURT comprehensive in nature, act COUNTY .OF. . . . . . . . . . . . . . . but. to . . . .as. an. overview. .You .are advised to thoroughly read California Rules of Court, rules . . . . .8.702–8.709 and rules 8.780–8.793. .The court. clerks.cannot assist you. You should direct any questions you have to an .... .. .. .. .. ... .... .. : Index No. attorney of your own choosing. 1. NATURE OF AN APPEAL : Calendar No. A party may appeal an unfavorable decision made in the trial court to the appellate division of the superior court. The appeal must be directed towards errors of law only. An appeal is not a retrial, and you will not be permitted to introduce : JUDICIAL SUBPOENA Plaintiff(s) new evidence. -against: 2. PARTIES The party filing the appeal is called the APPELLANT. The party against whom the appeal is brought (People of the : State of California) is called the RESPONDENT. : 3. NOTICE OF APPEAL If you wish to appeal, you must file your Notice of Appeal with the clerk of the trial court within 30 CALENDAR DAYS after the rendition of the judgment Defendant(s) date of: sentencing). (Cal. Rules of Court, rule 8.782.) No extension of (usually the ...................................................... this time limit is allowed. Form TR-155, Notice of Appeal, is recommended for use in filing the notice. 4. PROPOSED STATEMENT a. In most cases you must prepare a Proposed Statement to provide a complete record on appeal. To submit a THE PEOPLE OF THE STATE OFyou must file it within 15 days after filing the Notice of Appeal. Form TR-160, Proposed Proposed Statement, NEW YORK Statement on Appeal, is recommended. (Cal. Rules of Court, rule 8.784.) The Proposed Statement should contain TO all of the following: (1) Grounds of appeal—a statement of the legal errors you believe were committed by the trial court. (Cal. Rules of Court, rule 8.784.) (2) GREETINGS: An official transcript or a statement of the evidence or trial procedures relevant to each of your grounds of appeal. (Cal. Rules of Court, rule 8.784.) If your trial was recorded, you may obtain a copy of the recording and produce your own summary or transcript. In some counties, a certified transcript of a before WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend recorded trial may be available. If an official court reporter's transcript is available, you may use a certified copy of the reporter's , the Honorable at the Court transcript. located at County of in room , on the day of , 20 , at o'clock in order to prepare a Settled Statement. noon, and at any recessed NOTICE: The filing of a Proposed Statement is requiredin the or adjourned date, to testifyis technically possible for an appeal to on the partin the absence of a Settled Statement, as a Although it and give evidence as a witness in this action proceed of the practical matter in almost all cases such a statement will be necessary for the appellate division to meaningfully review the appeal. The Proposed Statement must be filed with the clerk of the trial court. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the partyb. If you proceed with your appeal issued for aamaximum penalty of you and all damages sustained as a on whose behalf this subpoena was by way of Settled Statement, $50 may either complete form TR-160 or prepare your own comply. result of your failure toProposed Statement. The document should be TYPED if possible. If an official transcript is not available, your Proposed Statement must include a statement of the evidence or trial procedures. (See section 5 below.) c. In addition to filing the original Proposed Statement with the ,court, athe Justices of the Witness, Honorable one of copy of your Proposed Statement must be served in person or by mail to the district attorney or city attorney where the case was tried. Court in County, day of , 20 5. SETTLING THE PROPOSED STATEMENT a. The district attorney or city attorney has the right to file proposed amendments to your Proposed Statement within 15 days after it is filed. (Cal. Rules of Court, rule(Attorney must sign above and type name below)city attorney has filed proposed 8.785.) After the district attorney or amendments or the time for filing has passed, a hearing will be set by the clerk before the judge who decided your case for the purpose of settling the Proposed Statement. (Cal. Rules of Court, rule 8.788.) b. The trial judge may correct, alter, or rewrite the statement so that it fairly and truly sets forth the evidence and Attorney(s) for proceedings and may direct you to prepare a revised statement for his or her signature. However, your statement of grounds of appeal cannot be eliminated from the Settled Statement. (Cal. Rules of Court, rule 8.788.) c. After the revised statement is prepared, the judge will certify to its correctness. 6. TRANSFER OF APPEAL Office prepared, it will a. After a record of the trial court's proceedings has beenand P.O. Address be sent to the appellate division of the superior court. The superior court will then mail you a notice stating the date your opening brief is due. You must file an opening brief by the date set by the court. Failure to do so may result in the dismissal of your appeal. (Cal. Rules of Court, rule 8.792.) Telephone No.: b. The preparation and filing of briefs is governed by California Rules of Court, rule 8.706. You should read this rule Facsimile No.: thoroughly and comply with it. E-Mail Address: (Continued on reverse) Page 1 of 2 Mobile Tel. No.: Form Approved for Optional Use Cal. Rules of Court, INSTRUCTIONS ON APPEAL PROCEDURES Judicial Council of California rules 8.702-8.709, 8.780-8.793 FOR INFRACTIONS TR-150 [Rev. January 1, 2007] www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com TR-150 6. c. If the district attorney files a respondent's brief, you may file a reply brief; however, one is not required. (Cal. Rules of Court, rule 8.706.) 7. PAYMENT OF YOUR FINE The filing of an appeal does NOT postpone the payment of your fine or any other condition of the sentence. If the fine is not paid by the date specified or any condition ordered by the court is not met, a warrant may be issued for your arrest or a civil collections process may be instituted against you. (Pen. Code, § 1467.) 8. ABANDONMENT OF APPEAL Should you decide not to proceed with your appeal, you must file an Abandonment of Appeal. Form TR-165, Abandonment of Appeal, is recommended for use in filing such a request with the court. TIME CHART ON APPEALS OF INFRACTIONS Document or Proceeding Time Limitations Notice of Appeal Must be filed with the court clerk of the trial court within 30 days after rendition of judgment. (Cal. Rules of Court, rule 8.782.) Appellant's Proposed Statement on Appeal Must be served on respondent and filed with the clerk of the trial court within 15 days after Notice of Appeal is filed. (Cal. Rules of Court, rule 8.784.) Transcript on appeal (optional) If mentioned in the Proposed Statement on Appeal, a reporter's transcript must be filed within 15 days after filing of the Proposed Statement, or any lawful extension thereof. (Cal. Rules of Court, rule 8.784.) Respondent's amendments to the Proposed Statement on Appeal or reporter's transcript Must be served and filed within 15 days after service of a copy of the Proposed Statement on Appeal or Notice of Filing of Reporter's Transcript. (Cal. Rules of Court, rule 8.785.) Hearing on settlement of Proposed Statement on Appeal or reporter's transcript The trial judge shall set a hearing to settle the Proposed Statement on Appeal or reporter's transcript on the court's calendar that will allow at least 5 days' notice to all parties. (Cal. Rules of Court, rule 8.788.) Engrossed Statement on Appeal Must be presented to the judge for certification within 5 days after settlement, or any lawful extension thereof. (Cal. Rules of Court, rule 8.788.) Certification by judge No time limit. Ordinarily completed upon receipt of the Engrossed Statement on Appeal, or at the conclusion of the hearing on settlement, if engrossment not ordered. (Cal. Rules of Court, rule 8.788.) Extension of time (optional) By the trial court: up to 15 days for the doing of any act except the filing of the Notice of Appeal. (Cal. Rules of Court, rule 8.787.) By the appellate division of the superior court: same as above except no time limit. (Cal. Rules of Court, rule 8.787.) Relief from default The appellate division of the superior court may for good cause relieve a party from a default, except for failure to give timely Notice of Appeal. (Cal. Rules of Court, rule 8.783.) Transmittal of the record on appeal By the clerk immediately after the appeal record has been perfected. (Cal. Rules of Court, rule 8.783.) TR-150 [Rev. January 1, 2007] INSTRUCTIONS ON APPEAL PROCEDURES FOR INFRACTIONS Page 2 of 2