Did you receive an adverse decision in a civil case in California? You are not necessarily out of options. You can appeal the ruling to a higher court. This raises an important question: How long does the civil appeals process take in California? The short answer is that the average civil appeal in the state is resolved in approximately 17 months—though there is considerable variation in the time needed to get through the legal process. In this article, our California appellate law attorneys explain the key factors that will affect how long the civil appeals process takes in California.
Strict Deadline: File a Notice of Appeal to Preserve Your Right to Appeal
As a starting point, it is important to know that California has strict deadlines to initial the appeals process. To start the process, you need to file a legal document called a Notice of Appeal. If you wait too long to initiate an appeal, it generally means that you will lose out on your opportunity to take legal action. The Judicial Branch of California explains that the deadline to file a Notice of Appeal is as follows:
- Limited Civil Case ($25,000 or Less): 30 days after the trial court clerk or other party mails you notice of the judgment or 90 days from the date the judgment was entered.
- Unlimited Civil Case ($25,000 or More or Family Law): 60 days after the trial court clerk or other party mails you notice of the judgment or 180 days from the date the judgment was entered.
Know the Timeline of the Civil Appeals Process in California
To better understand what you can expect from the appeals process and how long you can expect things to take, it is helpful to have a basic understanding of the timeline. Here is an overview of the timeline for a civil appeal in California.
- Order Entered in Civil Case: The appeals process cannot “start” until an order is entered in a civil case. Once an order has been entered, the party that received an unfavorable outcome can assess their appeal rights.
- Notice of Appeal is Filed: As stated previously, a Notice of Appeal must be filed before California’s civil appeals deadline expires. The sooner a Notice of Appeal is filed after an order is entered, the sooner the process can move forward.
- Appellate Briefs Submitted: Civil appeals in California are handled primarily on paper. Appellate briefs are critically important. In general, the opening brief (from the appellant) will be submitted 40 to 70 days after their Notice of Appeal is filed. There is some variation if additional filings are required in the meantime. The respondent will typically have 30 days to submit their brief. From there, the appellant may have 20 days to submit another reply.
- Oral Argument Scheduled (Some Cases): Oral arguments may or may not be scheduled in a civil appeal in California. If there are scheduled, then you can expect oral arguments to come relatively soon after all of the appellate briefs are entered.
- Appellate Court Opinion: Once everything is submitted to the proper appellate court, a decision should be expected within three months. As explained by the California Courts, “the judges have 90 days from the date the case is submitted to decide the appeal.”
An Overview of the Data from California Appellate Courts
How long does the civil appeals process actually take in practice? The most recent comprehensive data for California comes from the 2017 Court Statistics Report. Reviewing more than 10 years of data, The Judicial Branch of California determined that the median time for civil appeals in California was 517 days—or approximately 17 months. More than 9 in 10 civil appeals were fully resolved within 28 months.
Get Help From Our California Civil Appeals Attorney Today
At The Appellate Law Firm, our California civil appellate lawyers have the professional expertise that you can trust. If you have any specific questions about the timeline for the civil appeals process in California, we are here to help. Contact us today to set up your confidential initial appointment with a lawyer. With a law office in Los Angeles, we handle civil appeals throughout California, including in San Diego, Long Beach, San Jose, San Francisco, Oakland, Sacramento, and Fresno.
FAQs
Within 90 days after the case is ordered submitted, the Court of Appeal will file its written opinion stating whether the judgment should be affirmed, reversed, or modified.
How long does a California civil appeal take? ›
The short answer is that the average civil appeal in the state is resolved in approximately 17 months—though there is considerable variation in the time needed to get through the legal process.
What are the chances of winning a civil appeal in California? ›
It is hard to win an appeal. In California, less than 20% of all civil appeals succeed in reversing the original ruling. That's because the law says the Court of Appeal must presume that the trial court's decision was correct – unless the appellant can prove the court was incorrect.
How long does it take to appeal a ruling in California? ›
An example can be found on the California Court's website here. While it may be a simple document to prepare, the notice of appeal is a critical one and comes with strict deadlines. In most cases, the appellant must file a notice of appeal within 60 days of service of the notice of entry of judgment.
How long does it take to answer a civil complaint in California? ›
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays.
How long does an appeal decision take? ›
LATEST TIMESCALES (month of July)
For written representations appeals, the median number of weeks from an appeal being 'valid' to its Decision in July 2024 was 28 weeks for s78 planning appeals and 16 weeks for householder appeals. Enforcement appeals by written reps in July 2024 had a median timescale of 55 weeks.
What happens if you lose an appeal in California? ›
What happens if I lose my appeal? You cannot appeal any further. You must pay the judgment to the other party plus interest and court costs. You may also have to pay their attorney fees.
Are appeals hard to win? ›
Winning an appeal is very hard. You must prove that the trial court made a legal mistake that caused you harm. The trial court does not have to prove it was right, but you have to prove there was a mistake. So it is very hard to win an appeal.
How often are appeals successful? ›
You may want to know: What are the chances of successfully overturning a judge's ruling on appeal? The answer depends entirely on the specific circ*mstances of your case. That being said, the state and federal data show that the overall success rate is between 7% and 20%.
What is your only chance if you lose in the court of appeals? ›
Ask the Appellate Court to Review Your Lost Appeal
This petition gives the party that lost the appeal an opportunity to point out important facts, legal errors, misstatements, or omissions that the appellate court may have made in their decision.
An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit. Length of time does not indicate what kind of decision the court will reach.
Why do appeals take so long? ›
The exact length of an appeal in California depends on the complexity and merit of your case, as well as the court that hears your appeal. One important and often overlooked fact is that there are two parallel appeals systems in California: one for federal cases, and one for state cases.
How many times can you appeal a case in California? ›
An adverse decision by an appellate court can be appealed a second time. The second appeal goes to the Supreme Court of California. However, it is important to understand that, unlike the California Court of Appeal, the California Supreme Court is not required to hear every case. It can decline to review an appeal.
How long does a civil appeal take in California? ›
Based on the 2017 California Court Statistics Report, the statewide median time from the notice of appeal in a civil case to the filing of the Court of Appeal's opinion is 506 days (about 17 months), with 90% of appeals processed within 842 days (28 months).
What happens if a defendant does not answer a complaint in California? ›
In general, the defendant has 30 days to answer. If the defendant doesn't answer in time, the Court can enter a default judgment. A default judgment can only be obtained in an Unlawful Detainer case for possession. You have to follow some steps and fill out forms to do this.
What is the cut off for discovery in California? ›
You must complete discovery 30 days before your trial
The deadline for finishing discovery (the discovery cutoff) is 30 days before the original date set for a trial unless the parties have agreed or the court has ordered to extend the time.
What happens after notice of appeal is filed California? ›
After filing a notice of appeal, the appellant usually designates the record. In this step, the appellant looks through the trial court record of what happened in the case. The appellant chooses parts of the trial court record – like documents and transcripts of what was said – to send the Court of Appeal.
How does the appeal process work in California? ›
The appellate court just decides whether a reasonable fact-finder could have come to the same conclusion based on the facts in the record. If there is a conflict in the evidence and a reasonable fact-finder could have resolved the conflict either way, the appellate court will not overturn the trial court's decision.
How do I appeal a civil Judgement in California? ›
How to appeal your case
- Figure out if you can appeal. Make sure you're allowed to appeal and that you've met the deadlines.
- File the notice of appeal. ...
- Designate the record and other filings. ...
- Prepare and file a brief. ...
- Oral argument. ...
- Get the appellate court decision. ...
- After the appellate court's decision.
1. Civil Appeal against any judgment or order. 90 days The date of the judgment or order.
