court_form | California

CR-131-INFO - Information on Appeal Procedures for Misdemeanors

UIDca_court_forms:cr-131-info
CitationCR-131-INFO
Court / bodyJudicial Branch of California
Decision dateN/A
CollectionCA_COURT_FORMS
SourceOriginal

Summary

Information on Appeal Procedures for Misdemeanors

Text

Form ID: CR-131-INFO
Title: Information on Appeal Procedures for Misdemeanors
Effective Date: 2020-09-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-131-INFO
Primary Download URL: https://www.courts.ca.gov/documents/cr131info.pdf
Form Detail Page:
Information on Appeal Procedures for Misdemeanors
(CR-131-INFO)
Explains how to appeal the trial court's decision in a misdemeanor case.
Get form CR-131-INFO
Effective: September 1, 2020
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PDF Text:
_____________________________________________________________________________
Information on Appeal Procedures CR-131-INFO, Page 1 of 9
for Misdemeanors

CR-131-INFO
Judicial Council of California, www.courts.ca.gov
Revised September 1, 2020, Optional Form
Cal. Rules of Court, rules 8.800–8.889
Information on Appeal Procedures for Misdemeanors

This information sheet tells you about appeals in
misdemeanor 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
misdemeanor cases. To learn more, you should read
rules 8.800–8.816 and 8.850–8.890 of the California
Rules of Court, which set out the procedures for
misdemeanor appeals. You can get these rules at any
courthouse or county law library or online at
www.courts.ca.gov/rules.

A misdemeanor is a crime that can be punished by jail
time of up to one year, but not by time in state prison.
(See Penal Code sections 17 and 19.2. You can get a
copy of these laws at http://leginfo.legislature.ca.gov
/faces/codes.xhtml.) If you were also charged with or
convicted of a felony, then your case is a felony case, not
a misdemeanor case.

An appeal is a request to a higher court to review a
decision made by a lower court. In a misdemeanor
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
“prejudicial error”). Prejudicial error can include
things like errors made by the judge about the law,
errors or misconduct by the lawyers, incorrect

instructions given to the jury, and misconduct by the
jury 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 jury’s or 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.

You will probably need a lawyer. You are not allowed to
represent yourself in an appeal in a misdemeanor case
unless the appellate division permits you to do so. But
appeals can be complicated, and you would 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.

If the appellate division permits you to represent
yourself, you must put your address, telephone number,
What does this information sheet
cover?
What is a misdemeanor?

What is an appeal?

Do I need a lawyer to appeal?

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For information about appeal procedures in other
cases, see:
• Information on Appeal Procedures for Infractions
(form CR-141-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.

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CR-131-INFO Information on Appeal Procedures for Misdemeanors
fax number, and email 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.

If the appellate division does not permit you to represent
yourself, you must hire a lawyer at your own expense or
ask the court to appoint a lawyer to represent you.

The court is required to appoint a lawyer to represent
you if you are indigent (you cannot afford to pay for a
lawyer) and:
• You were convicted and your punishment includes
going to jail or paying a fine of more than $500
(including penalty and other assessments); or

• You are likely to suffer other negative consequences
from the conviction (for example, immigration
problems or inability to get or keep a license or
permit); or

• You have not been convicted but you are likely to
suffer significant harm if you lose the appeal.

See rule 8.851 of the California Rules of Court for more
information about when the court is required to appoint a
lawyer to represent you.

The court may, but is not required to, appoint a lawyer to
represent you on appeal in other circumstances if you are
indigent. You are automatically considered indigent if
you were represented by the public defender or other
court-appointed lawyer in the trial court. You will also
be considered indigent if you can show that your income
and assets are too low to pay for a lawyer.

If you think you are indigent, you can ask the court to
appoint a lawyer to represent you for your appeal. You
may use Request for Court-Appointed Lawyer in
Misdemeanor Appeal (form CR-133) to ask the court to
appoint a lawyer to represent you on appeal in a
misdemeanor case. You can get form CR-133 at any
courthouse or county law library or online at
www.courts.ca.gov/forms.

If you want a lawyer and you are not indigent or if the
court turns down your request to appoint a lawyer, you
must hire a lawyer at your own expense. You can get
information about finding a lawyer on the California
Courts Online Self-Help Center at www.courts.ca.gov
/selfhelp.htm at the “Getting Started” tab.

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 a misdemeanor case, this is usually the party
convicted of committing the misdemeanor. The other
party is called the RESPONDENT; in a misdemeanor
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). In some cases, the
government agency is the appellant and the party against
whom the charges were filed is the respondent.

No. Generally, you may appeal only the final judgment
—the decision at the end that decides the whole case.
The final judgment includes the punishment that the
court imposed. With the exception listed below, rulings
made by the trial court before final judgment generally
cannot be separately appealed, but can be reviewed only
later as part of an appeal of the final judgment. In a
misdemeanor case, the party convicted of committing a
misdemeanor usually appeals that conviction or the
sentence (punishment) ordered by the trial court. In a
misdemeanor case, a party can also appeal:
• Before the trial court issues a final judgment in the
case, from an order granting or denying a motion to
suppress evidence (Penal Code section 1538.5(j))

• From an order made by the trial court after judgment
that affects a substantial right of the appellant (Penal
Code section 1466(2)(B))

You can get a copy of these laws at
http://leginfo.legislature.ca.gov/faces/codes.xhtml.

How do I get a lawyer to represent me?
Who can appeal?

Can I appeal any decision that the trial
court made?

How do I start my appeal?

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CR-131-INFO Information on Appeal Procedures for Misdemeanors
First, you must file a notice of appeal. The notice of
appeal tells the other party in the case and the trial court
that you are appealing the trial court’s decision. You
may use Notice of Appeal (Misdemeanor) (form
CR-132) to prepare and file a notice of appeal in a
misdemeanor case. You can get form CR-132 at any
courthouse or county law library or online at
www.courts.ca.gov/forms.

Yes. Except in the very limited circumstances listed in
rule 8.853(b), in a misdemeanor case, you must file your
notice of appeal within 30 days after the trial court
makes (“renders”) its final judgment in your case or
issues the order you are appealing. (You can get a copy
of rule 8.853 at any courthouse or county law library or
online at www.courts.ca.gov/rules). The date the trial
court makes its judgment is normally the date the trial
court issues its order saying what your punishment is
(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.

To file the notice of appeal in a misdemeanor case, you
must bring or mail the original notice of appeal to the
clerk of the trial court that made the judgment or issued
the order you are appealing. It is a good idea to bring or
mail an extra copy to the clerk and ask the clerk to stamp
it to show that the original has been filed.

There is no fee for filing the notice of appeal in a
misdemeanor case. You can ask the clerk of that court if
there are any other requirements for filing your notice of
appeal.

After you file your notice of appeal, the clerk will send a
copy of your notice of appeal to the office of the
prosecuting attorney (for example, the district attorney,
county counsel, city attorney, or state Attorney General).

Filing the notice of appeal does NOT automatically
postpone your punishment, such as serving time in jail,
paying fines, or probation conditions.

If you have been sentenced to jail in a misdemeanor
case, you have a right to be released either with or
without bail while your appeal is waiting to be decided,
but you must ask the court to set bail or release you. If
the trial court has not set bail or released you after your
notice of appeal has been filed, you must ask the trial
court to set bail or release you. If the trial court denies
your release or sets the bail amount higher than you
think it should be, you can apply to the appellate
division for release or for lower bail.

Other parts of your punishment, such as fines or
probation conditions, will be postponed (“stayed”) only
if you request a stay and the court grants your request. If
you want a stay, you must first ask the trial court for a
stay. You can also apply to the appellate division for a
stay, but you must show in your application to the
appellate division that you first asked the trial court for a
stay and that the trial court unjustifiably denied your
request. If you do not get a stay and you do not pay your
fine or complete another part of your punishment by the
date ordered by the court, a warrant may be issued for
your arrest or a civil collections process may be started
against you, which could result in a civil penalty being
added to your fine.

You must tell the trial court (1) whether you have agreed
with the respondent (“stipulated”) that you do not need
parts of the normal record on appeal, and (2) whether
you want a record of what was said in the trial court (this
is called a record of the “oral proceedings”) sent to the
appellate division and, if so, what form of that record
you want to use. You may use Notice Regarding Record
on Appeal (Misdemeanor) (form CR-134) for this notice.
(You can get form CR-134 at any courthouse or county
law library or online at www.courts.ca.gov/forms). You
must file this notice either:
• Within 20 days after you file your notice of
appeal; or, if it is later,
How do I file my notice of appeal?

If I file a notice of appeal, do I still have
to go to jail or complete other parts of
my punishment?

Is there a deadline for filing my notice
of appeal?

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What do I need to do after I file my
appeal?

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CR-131-INFO Information on Appeal Procedures for Misdemeanors

• Within 10 days after the court decides whether
to appoint a lawyer to represent you (if you ask
the court to appoint a lawyer within 20 days
after you file your notice of appeal).

You do not have to send the appellate division a record
of what was said in the trial court. But if you want to
raise any issue in your appeal that would require the
appellate division to consider what was said in the trial
court, the appellate division will need a record of these
oral proceedings. For example, if you are claiming that
there was not substantial evidence supporting the
judgment, order, or other decision you are appealing, the
appellate division will need a record of the oral
proceedings. Since the appellate division judges were
not there for the proceedings in the trial court, an official
record of these oral proceedings must be prepared and
sent to the appellate division for its review.

Depending on what form of the record you choose to
use, you will be responsible for paying to have the
official record of the oral proceedings prepared (unless
you are indigent) or for preparing an initial draft of this
record yourself. If you do not take care of these
responsibilities, a record of the oral proceedings in the
trial court will not be prepared and sent to the appellate
division. If the appellate division does not receive this
record, it will not be able to consider what was said in
the trial court in deciding whether a legal error was made
and it may dismiss your appeal.

There are three ways a record of the oral proceedings in
the trial court can be prepared and provided to the
appellate division in a misdemeanor case:
a. If a court reporter was there during the trial court
proceedings, the reporter can prepare a record
called a “reporter’s transcript.”

b. If the proceedings were officially electronically
recorded, the trial court can have a transcript
prepared from that recording; or if the court has a
local rule permitting this and you and the
respondent (the prosecuting agency) agree
(“stipulate”) to this, you can use the official
electronic recording itself as the record, instead of
a transcript.
c. You can use a statement on appeal.

Read below for more information about these options.

a. Reporter’s transcript

When available: In some misdemeanor cases, a
court reporter is there in the trial court and makes
a record of the oral proceedings. If a court reporter
made a record of your case, you can ask to have
the court reporter prepare a transcript of those oral
proceedings, called a “reporter’s transcript.” You
should check with the trial court to see if a court
reporter made a record of your case before you
choose this option. Some courts also have local
rules that establish procedures for deciding
whether a statement on appeal or a transcript of
only some of the oral proceedings will be a good
enough record to consider the issues you are
raising on appeal. You should check whether the
court has such a local rule.

Cost: Ordinarily, the appellant must pay for
preparing a reporter’s transcript. The court
reporter will provide the clerk of the trial court
with an estimate of the cost of preparing the
transcript and the clerk will notify you of this
estimate. If you want the reporter to prepare a
transcript, you must deposit this estimated amount
or one of the substitutes allowed under rule 8.866
with the clerk within 10 days after the clerk sends
you the estimate. However, under rule 8.866 you
can decide to use a different form of the record or
take other action instead of proceeding with a
reporter’s transcript.

If, however, you are indigent (you cannot afford to
pay the cost of a reporter’s transcript), you may be
able to get a free transcript. If you were
represented by the public defender or another
court-appointed lawyer in the trial court, you are
automatically considered indigent. If you were not
represented by a court-appointed lawyer in the
trial court, you can complete and file Defendant’s
What are the different forms of the
record?

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In what cases does the appellate
division need a record of what was
said in the trial court?

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CR-131-INFO Information on Appeal Procedures for Misdemeanors
Financial Statement on Eligibility for Appointment
of Counsel and Reimbursement and Record on
Appeal at Public Expense (form CR-105), to show
that you are indigent. You can get form CR-105 at
any courthouse or county law library or online at
www.courts.ca.gov/forms. The court will review
this form to decide whether you are indigent.

If the court finds that you are indigent, a court
reporter made a record of your case, and you show
that you need a transcript, the court must provide
you with a free transcript. Whether you need a
transcript depends on the issues you are raising on
appeal. If the issues you are raising on appeal
include that there was not substantial evidence
supporting the judgment, order, or other decision
you are appealing or that there was misconduct in
your case that harmed you, that is generally
enough to show that you need a transcript. If you
ask for a reporter’s transcript, the court may ask
you what issues you are raising on appeal and may
decide that a statement on appeal or a transcript of
only some of the oral proceedings will be a good
enough record to consider the issues you are
raising.

If the court finds that you are not indigent, it will
send you a notice and you will have a chance to
pick another form of the record or take other
actions listed in rule 8.866.

Completion and delivery: Once you deposit the
estimated cost of the transcript or one of the
substitutes allowed under rule 8.866 or show the
court you are indigent and need a transcript, the
clerk will notify the reporter to prepare the
transcript. When the reporter completes the
transcript, the clerk will send the reporter’s
transcript to the appellate division along with the
clerk’s transcript.

b. Official electronic recording or transcript
from an official recording

When available: In some misdemeanor cases, the
trial court proceedings are officially recorded on
approved electronic recording equipment. If your
case was officially recorded, you can ask to have a
transcript prepared from that official electronic
recording. You should check with the trial court to
see if your case was officially electronically
recorded before you choose this option. As with
reporter’s transcripts, some courts also have local
rules that establish procedures for deciding
whether a statement on appeal or a transcript of
only some of the oral proceedings will be a good
enough record to consider the issues you are
raising on appeal. You should check whether the
court has such a local rule.

If the court has a local rule for the appellate
division permitting this and all the parties agree
(“stipulate”), a copy of the official electronic
recording itself can be used as the record of the
oral proceedings instead of preparing a transcript.
You should check with the trial court to see if your
case was officially electronically recorded and
check to make sure there is a local rule permitting
the use of the recording itself before choosing this
option. If you choose this option, you must attach
a copy of your agreement with the other parties
(called a “stipulation”) to your notice regarding
the oral proceedings.

Cost: Ordinarily, the appellant must pay for
preparing a transcript or making a copy of the
official electronic recording. The court will send
you an estimate of the cost for this transcript or the
copy of the electronic recording. If you still want
this transcript or recording, you must deposit this
amount with the court. However, you can also
choose to use a statement on appeal instead, or
take one of the other actions listed in rule 8.868.

If, however, you are indigent (you cannot afford to
pay the cost of the transcript or recording), you
may be able to get a free transcript or recording. If
you were represented by the public defender or
another court-appointed attorney in the trial court,
you are automatically considered indigent. If you
were not represented by a court-appointed lawyer
in the trial court, you can complete and file
Defendant’s Financial Statement on Eligibility for
Appointment of Counsel and Reimbursement and
Record on Appeal at Public Expense (form
CR-105) to show that you are indigent. You can
get form CR-105 at any courthouse or county law
library or online at www.courts.ca.gov/forms. The
court will review this form to decide whether you
are indigent.

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CR-131-INFO Information on Appeal Procedures for Misdemeanors

If you are indigent, an official electronic recording
of your case was made, and you show that you
need a transcript, the court must provide you with
a free transcript. As with reporter’s transcripts,
whether you need a transcript depends on the
issues you are raising on appeal. If the issues you
are raising on appeal include that there was not
substantial evidence supporting the judgment,
order, or other decision you are appealing or that
there was misconduct in your case that harmed
you, that is generally enough to show that you
need a transcript. If you ask for a transcript, the
court may ask you what issues you are raising on
appeal and may decide that a statement on appeal
or a transcript of only some of the oral
proceedings will be a good enough record to
consider the issues you are raising.

If the court finds that you are not indigent, it will
send you a notice and you will have a chance to
use a statement on appeal instead or take one of
the other actions listed in rule 8.868.

Completion and delivery: Once you deposit the
estimated cost of the transcript or the official
electronic recording with the clerk or show the
court you are indigent and need a transcript, the
clerk will have the transcript or copy of the
recording prepared. When the transcript is
completed or the copy of the official electronic
recording is prepared, the clerk will send the
transcript or recording to the appellate division
along with the clerk’s transcript.

c. Statement on appeal

Description: A statement on appeal is a summary
of the trial court proceedings approved by the trial
court judge who conducted those proceedings (the
term “judge” includes commissioners and
temporary judges).

When available: If the trial court proceedings
were not recorded either by a court reporter or by
official electronic recording equipment, or if you
do not want to use either of these forms of the
record, you can choose (“elect”) to use a statement
on appeal as the record of the oral proceedings in

the trial court (please note that it may take more of
your time to prepare a statement on appeal than to
use either a reporter’s transcript or electronic
recording, if they are available).

Contents: A statement on appeal must include:
• A statement of the points you (the appellant)
are raising on appeal;
• A summary of the trial court’s rulings and
judgment; and
• A summary of the testimony of each witness
and other evidence that is relevant to the
issues you are raising on appeal.

(See rule 8.869 of the California Rules of Court
for more information about what must be included
in a statement on appeal and the procedures for
preparing a statement. You can get this rule at any
courthouse or county law library or online at
www.courts.ca.gov/rules.htm.)

Preparing a proposed statement: If you choose to
use a statement on appeal, you must prepare a
proposed statement. If you are not represented by
a lawyer, you must use Proposed Statement on
Appeal (Misdemeanor) (form CR-135) to prepare
your proposed statement. You can get form
CR-135 at any courthouse or county law library or
online at www.courts.ca.gov/forms.

Serving and filing a proposed statement: You
must serve and file your proposed statement in the
trial court within 20 days after you file your notice
regarding the record of the oral proceedings.
“Serve and file” means that you must:
• Have somebody over 18 years old who is not a
party to the case—so not you—mail or deliver
(“serve”) a copy of the proposed statement to
the prosecuting attorney and any other party in
the way required by law.

• Make a record that the proposed statement has
been served. This record is called a “proof of
service.” Proof of Service (Appellate Division)
(form APP-109) can be used to make this
record. The proof of service must show who

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CR-131-INFO Information on Appeal Procedures for Misdemeanors
served the proposed statement, who was
served with the proposed statement, how the
proposed statement was served (by mail or in
person), and the date the proposed statement
was served.

• File the original proposed statement and the
proof of service with the trial court. You
should make a copy of the proposed statement
you are planning to file for your own records
before you file it with the court. It is a good
idea to bring or mail an extra copy of the
proposed statement to the clerk when you file
your original and ask the clerk to stamp this
copy to show that the original has been filed.

You can get more information about how to serve
court papers and proof of service from What Is
Proof of Service? (form APP-109-INFO) and on
the California Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.htm.

Review and modifications: The prosecuting
attorney and any other party have 10 days from the
date you serve your proposed statement to serve
and file proposed changes (called “amendments”)
to this statement. The trial court judge then
reviews both your proposed statement and any
proposed amendments filed by the prosecuting
attorney and any other party. The judge will then
make or order you to make any corrections or
modifications to the statement needed to make
sure that the statement provides a complete and
accurate summary of the relevant testimony and
other evidence.

Completion and certification: If the judge makes
or orders you to make any corrections or
modifications to the proposed statement, the
corrected or modified statement will be sent to
you, the prosecuting attorney, and any other party
for your review. If you disagree with anything in
the judge’s statement, you will have 10 days from
the date the statement is sent you to serve and file
objections to the statement. The judge then
reviews any objections, makes any additional
corrections to the statement, and certifies the
statement as a complete and accurate summary of
the relevant testimony and other evidence.

Sending the statement to appellate division: Once
the trial court judge certifies the statement on
appeal, the trial court clerk will send the statement
to the appellate division along with the clerk’s
transcript.

Yes. There are two other parts of the official record that
need to be sent to the appellate division:
• Documents filed in the trial court: The trial court
clerk is responsible for preparing a record of the
written documents filed in your case, called a
“clerk’s transcript,” and sending this to the appellate
division. (The documents the clerk must include in
this transcript are listed in rule 8.861 of the
California Rules of Court. You can get a copy of this
rule at any courthouse or county law library or
online at www.courts.ca.gov/rules.htm.)

• Exhibits submitted during trial: Exhibits, such as
photographs, that were admitted in evidence,
refused, or lodged (temporarily placed with the
court) in the trial court are considered part of the
record on appeal. If you want the appellate division
to consider such an exhibit, however, you must ask
the trial court clerk to send the original exhibit to the
appellate division within 10 days after the last
respondent’s brief is filed in the appellate division.
(See rule 8.870 of the California Rules of Court for
more information about this procedure. You can get
a copy of this rule at any courthouse or county law
library or online at www.courts.ca.gov/rules.)
Sometimes, the trial court returns an exhibit to a
party at the end of the trial. If the trial court returned
an exhibit to you or another party and you or the
other party ask for the exhibit to be sent to the
appellate division, the party who has the exhibit
must deliver that exhibit to the appellate division as
soon as possible.
Is there any other part of the record
that needs to be sent to the appellate
division?

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As soon as the record of the oral proceeding is ready, the
clerk of the trial court will send it to the appellate
division along with the clerk’s transcript. When the
appellate division receives this record, it will send you a
notice telling you when you must file your brief in the
appellate division.

A brief is a party’s written description of the facts in the
case, the law that applies, and the party’s argument about
the issues being appealed. If you are represented by a
lawyer in your appeal, your lawyer will prepare your
brief. If the appellate division has permitted you to
represent yourself, you will have to prepare your brief
yourself. You should read rules 8.880–8.891 of the
California Rules of Court, which set out the
requirements for preparing, serving, and filing briefs in
misdemeanor appeals, including requirements for the
format and length of those briefs. You can get copies of
these rules at any courthouse or county law library or
online at www.courts.ca.gov/rules.htm.

Contents: If you are the appellant (the party who is
appealing), your brief, called the “appellant’s opening
brief,” must clearly explain what you believe are the
legal errors made in the trial court. Your brief must refer
to the exact places in the clerk’s transcript and the
reporter’s transcript (or other record of the oral
proceedings) that support your argument. Remember
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, so do not include any
new evidence in your brief.

Serving and filing: You must serve and file your brief in
the appellate division by the deadline the court set in the
notice it sent you, which is usually 30 days after the
record is filed in the appellate division. “Serve and file”
means that you must:
• Have somebody over 18 years old who is not a party
to the case—so not you—mail or deliver (“serve”)
the brief to the respondent (the prosecuting agency)
and any other party in the way required by law.

• Make a record that the brief has been served. This
record is called a “proof of service.” Proof of Service
(Appellate Division) (form APP-109) can be used to
make this record. The proof of service must show
who served the brief, who was served with the brief,
how the brief was served (by mail or in person), and
the date the brief was served.

• File the original brief and the proof of service with
the appellate division. You should make a copy of
the brief you are planning to file for your own
records before you file it with the court. It is a good
idea to bring or mail an extra copy of the brief to the
clerk when you file your original and ask the clerk to
stamp this copy to show that the original has been
filed.

You can get more information about how to serve court
papers and proof of service from What Is Proof of
Service? (form APP-109-INFO) and at
www.courts.ca.gov/selfhelp-serving.htm.

If you do not file your brief by the deadline set by the
appellate division, the court may dismiss your appeal.

Within 30 days after you serve and file your brief, the
respondent (the prosecuting agency) may, but is not
required to, respond by serving and filing a respondent’s
brief. If the respondent does not file a brief, the appellant
does not automatically win the appeal. The court will
decide the appeal on the record, the appellant’s brief, and
any oral argument by the appellant.

If the respondent serves and files a brief, within 20 days
after the respondent’s brief was served, you may, but are
not required to, serve and file another brief replying to
the respondent’s brief. This is called a “reply brief.”

Once all the briefs have been served and filed or the time
to serve and file them has passed, the court will notify
you of the date for oral argument in your case unless
your case presents no arguable issues for the court to

What happens after the record is
prepared?

What is a brief?

What happens after I file my brief?

What happens after all the briefs have
been filed?

16
17
18
19

_____________________________________________________________________________
Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 9 of 9
for Misdemeanors

CR-131-INFO Information on Appeal Procedures for Misdemeanors
consider. If your case presents no arguable issues, the
court will not hold oral argument.

“Oral argument” is the parties’ chance to explain their
arguments to the appellate division judges in person.
You do not have to participate in oral argument if you do
not want to; you can notify the appellate division that
you want to “waive” (give up) oral argument by serving
and filing a notice within 7 days after the notice of oral
argument was sent by the court. You can use Notice of
Waiver of Oral Argument (Misdemeanor) (form
CR-138) to waive oral argument.

If all parties waive oral argument, and the appellate
division approves the waiver and takes the oral argument
off calendar, the judges will decide your appeal based on
the briefs and the record that were submitted. But if one
party waives oral argument and another party or parties
do not, the appellate division will hold oral argument
with any party or parties who choose to participate,
including any party who asked to waive oral argument.

If you choose to participate in oral argument, each party
will have up to 10 minutes for argument, unless the court
orders otherwise. If the appellate division has permitted
you to represent yourself, remember that the judges will
already have read the briefs, so you do not need to read
your brief to the judges. It is more helpful to tell the
judges what you think is most important in your appeal
or ask the judges if they have any questions you could
answer.

After the oral argument is held (or all parties waive oral
argument and the court approves the waiver), the judges
of the appellate division will make a decision about your
appeal. The appellate division has 90 days after oral
argument (or the date its waiver was approved) to decide
the appeal. The clerk of the court will mail you a notice
of that decision.

If you decide you do not want to continue with your
appeal, you must file a written document with the
appellate division notifying it that you are giving up (this
is called “abandoning”) your appeal. You can use
Abandonment of Appeal (Misdemeanor) (form CR-137)
to file this notice in a misdemeanor case. You can get
form CR-137 at any courthouse or county law library or
online at www.courts.ca.gov/forms.htm.

If you decide not to continue your appeal and it is
dismissed, you will (with only very rare exceptions)
permanently give up the chance to raise any objections
to your conviction, sentence, or other matter that you
could have raised on the appeal. If you were released
from custody with or without bail or your sentence or
any probation conditions were stayed during the appeal,
you may be required to start serving your sentence or
complying with your probation conditions immediately
after your appeal is dismissed.

20 What is oral argument?
What happens after oral argument? 21
22

What should I do if I want to give
up my appeal?

Retrieval chunks

#1

Form ID: CR-131-INFO Title: Information on Appeal Procedures for Misdemeanors Effective Date: 2020-09-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-131-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr131info.pdf Form Detail Page: Information on Appeal Procedures fo…
#2

• 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 “prejudicial error”). Prejudicial error can include things like …
#3

Revised September 1, 2020 Information on Appeal Procedures CR-131-INFO, Page 2 of 9 for Misdemeanors CR-131-INFO Information on Appeal Procedures for Misdemeanors fax number, and email address (if available) on the cover of every document you file with the court and let the court know if this contact in…
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The party that is appealing is called the APPELLANT; in a misdemeanor case, this is usually the party convicted of committing the misdemeanor. The other party is called the RESPONDENT; in a misdemeanor case, this is usually the government agency that filed the criminal charges (on court papers, this party is call…
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makes (“renders”) its final judgment in your case or issues the order you are appealing. (You can get a copy of rule 8.853 at any courthouse or county law library or online at www.courts.ca.gov/rules). The date the trial court makes its judgment is normally the date the trial court issues its order saying what yo…
#6

fine or complete another part of your punishment by the date ordered by the court, a warrant may be issued for your arrest or a civil collections process may be started against you, which could result in a civil penalty being added to your fine. You must tell the trial court (1) whether you have agreed with the …
#7

official record of the oral proceedings prepared (unless you are indigent) or for preparing an initial draft of this record yourself. If you do not take care of these responsibilities, a record of the oral proceedings in the trial court will not be prepared and sent to the appellate division. If the appellate div…
#8

can decide to use a different form of the record or take other action instead of proceeding with a reporter’s transcript. If, however, you are indigent (you cannot afford to pay the cost of a reporter’s transcript), you may be able to get a free transcript. If you were represented by the public defender or anoth…
#9

clerk will notify the reporter to prepare the transcript. When the reporter completes the transcript, the clerk will send the reporter’s transcript to the appellate division along with the clerk’s transcript. b. Official electronic recording or transcript from an official recording When available: In some misde…
#10

in the trial court, you can complete and file Defendant’s Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (form CR-105) to show that you are indigent. You can get form CR-105 at any courthouse or county law library or online at www.courts.ca.…
#11

official electronic recording equipment, or if you do not want to use either of these forms of the record, you can choose (“elect”) to use a statement on appeal as the record of the oral proceedings in the trial court (please note that it may take more of your time to prepare a statement on appeal than to use ei…
#12

• File the original proposed statement and the proof of service with the trial court. You should make a copy of the proposed statement you are planning to file for your own records before you file it with the court. It is a good idea to bring or mail an extra copy of the proposed statement to the clerk when you …
#13

this transcript are listed in rule 8.861 of the California Rules of Court. You can get a copy of this rule at any courthouse or county law library or online at www.courts.ca.gov/rules.htm.) • Exhibits submitted during trial: Exhibits, such as photographs, that were admitted in evidence, refused, or lodged (tempo…
#14

these rules at any courthouse or county law library or online at www.courts.ca.gov/rules.htm. Contents: If you are the appellant (the party who is appealing), your brief, called the “appellant’s opening brief,” must clearly explain what you believe are the legal errors made in the trial court. Your brief must ref…
#15

decide the appeal on the record, the appellant’s brief, and any oral argument by the appellant. If the respondent serves and files a brief, within 20 days after the respondent’s brief was served, you may, but are not required to, serve and file another brief replying to the respondent’s brief. This is called a “r…
#16

After the oral argument is held (or all parties waive oral argument and the court approves the waiver), the judges of the appellate division will make a decision about your appeal. The appellate division has 90 days after oral argument (or the date its waiver was approved) to decide the appeal. The clerk of the c…

CR-131-INFO - Information on Appeal Procedures for Misdemeanors

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