court_form | California

CR-141-INFO - Information on Appeal Procedures for Infractions

UIDca_court_forms:cr-141-info
CitationCR-141-INFO
Court / bodyJudicial Branch of California
Decision dateN/A
CollectionCA_COURT_FORMS
SourceOriginal

Summary

Information on Appeal Procedures for Infractions

Text

Form ID: CR-141-INFO
Title: Information on Appeal Procedures for Infractions
Effective Date: 2020-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-141-INFO
Primary Download URL: https://www.courts.ca.gov/documents/cr141info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/cr141infoc.pdf, https://www.courts.ca.gov/documents/cr141infok.pdf, https://www.courts.ca.gov/documents/cr141infos.pdf, https://www.courts.ca.gov/documents/cr141infov.pdf
Form Detail Page:
Information on Appeal Procedures for Infractions
(CR-141-INFO)
Explains how to appeal the trial court's decision in an infraction case.
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Effective: January 1, 2020
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_____________________________________________________________________________
Information on Appeal Procedures CR-141-INFO, Page 1 of 8
for Infractions

CR-141-INFO
Judicial Council of California, www.courts.ca.gov
Rev. January 1, 2020, Optional Form
Cal. Rules of Court, rules 8.900–8.929
Information on Appeal Procedures for Infractions

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
8.900–8.929 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.

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.

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

“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.

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.
What does this information sheet
cover?
What is an infraction?

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
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.

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for Infractions

CR-141-INFO Information on Appeal Procedures for Infractions

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.

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).

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) ordered by the trial court. In an
infraction case, a party can also appeal 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 this law at
http://leginfo.legislature.ca.gov/faces/codes.xhtml.)

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 and Record on Appeal
(Infraction) (form CR-142) to prepare and file a notice
of appeal in an infraction case. You can get

form CR-142 at any courthouse or county law library or
online at www.courts.ca.gov/forms.htm.

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.

To file the notice of appeal in an infraction case, you
must bring or mail the original notice of appeal to the
clerk of the trial court in which you were convicted of
the infraction. 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 an
infraction 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 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 the deadline for paying your fine or
completing any other part of your sentence. To
postpone your sentence, you must ask the trial court for
a “stay” of the judgment. 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
Who can appeal?
Can I appeal any decision that the trial
court made?

How do I start my appeal?

Is there a deadline for filing my notice
of appeal?
How do I file my notice of appeal?

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

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for Infractions

CR-141-INFO Information on Appeal Procedures for Infractions

unjustifiably denied your request. Your fine or other
parts of your punishment will not be postponed unless
the trial court or appellate division grants a stay. If you
do not get a stay and you do not pay your fine or satisfy
another part of your sentence 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.

Yes. When you file your notice of appeal, 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. Notice of Appeal and Record on Appeal (Infraction)
(form CR-142) includes boxes you can check to tell the
court whether and how you want to provide this record.

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 proceedings must be prepared and sent to
the appellate court 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 the
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 the

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
a trial court can be prepared and provided to the
appellate division in an infraction case:
a. You can use a statement on appeal.
b. If the proceedings were officially electronically
recorded, the trial court can have a transcript
prepared from the recording or, if the court has a
local rule permitting this and all the parties agree
(“stipulate”), you can use the official electronic
recording itself as the record, instead of a transcript.
c. If a court reporter was there during the trial court
proceedings, the reporter can prepare a record called
a “reporter’s transcript.”
Read below for more information about these options.
a. Statement on appeal
Description: A statement on appeal is a summary of
the trial court proceedings approved by the trial
court judge who conducted the trial court
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

In what cases does the appellate
division need a record of the oral
proceedings?

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Is there anything else I need to do
when I file my notice of appeal?

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What are the different forms of the
record?

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CR-141-INFO Information on Appeal Procedures for Infractions

• A summary of the testimony of each witness and
other evidence that is relevant to the issues you
are raising on appeal.
(See rule 8.916 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 a copy of this rule at any
courthouse or county law library or online at
www.courts.ca.gov/rules.)
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
(Infraction) (form CR-143) to prepare your proposed
statement. You can get form CR-143 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 within 20
days after you file your notice of appeal. “Serve and
file” means that you must:
• Have somebody over 18 years old mail, deliver,
or electronically send (“serve”) the proposed
statement to the prosecuting attorney and any
other party in the way required by law. If the
proposed statement is mailed or personally
delivered, it must be by someone who is not a
party to the case—so not you. If the prosecuting
attorney did not appear in your case, you do not
need to serve the prosecuting attorney.
• 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) or Proof of Electronic Service
(Appellate Division) (form APP-109E) can be
used to make this record. The proof of service
must show who served the proposed statement,
who was served with the proposed statement,
how the proposed statement was served (by
mail, in person, or electronically), 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 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 proposed
statement that are 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
to 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 the appellate division:
Once the trial judge certifies the statement on
appeal, the trial court clerk will send the statement to
the appellate division along with the clerk’s
transcript.
b. Official electronic recording or transcript
from official recording
When available: In some infraction 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 for the appellate division from
the official electronic recording of the proceedings.
You should check with the trial court to see if your
case was officially electronically recorded before
you choose this option. Some courts also have local

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CR-141-INFO Information on Appeal Procedures for Infractions

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 these 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 that
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 the 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 8.917.
If, however, you are indigent (you cannot afford to
pay the cost of the transcript or electronic
recording), you may be able to get a free transcript
or official electronic recording. 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.
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. 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 8.917.
Completion and delivery: Once you deposit the
estimated cost of the transcript or 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. Reporter’s transcript
When available: In some infraction 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 8.919 with the clerk within 10
days after the clerk sends you the estimate.
However, under rule 8.919 you can decide to use a
different form of the record or take other action
instead of proceeding with a reporter’s transcript.

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CR-141-INFO Information on Appeal Procedures for Infractions

If, however, you are indigent (you cannot afford to
pay the cost of the reporter’s transcript), you may be
able to get a free transcript. 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.
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 8.919.
Completion and delivery: Once you deposit the
estimated cost of the transcript or one of the
substitutes allowed under rule 8.919 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 both the reporter’s
transcript and clerk’s transcript to the appellate
division.

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 8.912 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.)
• Exhibits submitted during trial: Exhibits, such as
photographs or maps, 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 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 8.921 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.

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 you are not represented by a lawyer in your
appeal, you will have to prepare your brief yourself. You
Is there any other part of the record
that needs to be sent to the appellate
division?

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What happens after the record is
prepared?

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What is a brief?

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should read rules 8.927–8.928 of the California Rules of
Court, which set out the requirements for preparing,
serving, and filing briefs in infraction appeals, including
requirements for the format and length of these briefs.
You can get these rules at any courthouse or county law
library or online at www.courts.ca.gov/rules.
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
statement on appeal (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. If you do not
file your brief by the deadline set by the appellate
division, the court may dismiss your appeal.
“Serve and file” means that you must:
• Have somebody over 18 years old mail, deliver, or
electronically send (“serve”) the brief to the
respondent (the prosecuting agency) and any other
party in the way required by law. If the brief is
mailed or personally delivered, it must be by
someone who is not a party to the case—so not you.
• 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) or Proof of
Electronic Service (Appellate Division) (form APP-
109E) 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, in person, or electronically), 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.

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.

“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” oral argument. If all parties waive
oral argument, 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 does not, the appellate division will hold oral
argument with the party or parties who did not waive it.
If you do choose to participate in oral argument, you will
have up to five minutes for your argument, unless the
court orders otherwise. 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

What happens after I file my brief?

17
What is oral argument?

19
What happens after all the briefs have
been filed?

_____________________________________________________________________________
Revised January 1, 2020 Information on Appeal Procedures CR-141-INFO, Page 8 of 8
for Infractions

CR-141-INFO Information on Appeal Procedures for Infractions

or ask the judges if they have any questions you could
answer.

After oral argument is held (or the date it was scheduled
passes if all the parties waive oral argument), the judges
of the appellate division will make a decision about your
appeal. The appellate division has 90 days after the date
scheduled for oral argument 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 (Infraction) (form CR-145) to
file this notice in an infraction case. You can get form
CR-145 at any courthouse or county law library or
online at www.courts.ca.gov/forms.
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 in the appeal. If your punishment was
stayed during the appeal, you may be required to start
complying with your punishment immediately after your
appeal is dismissed.

What happens after oral argument?

20
What should I do if I want to give up
my appeal?

Retrieval chunks

#1

Form ID: CR-141-INFO Title: Information on Appeal Procedures for Infractions Effective Date: 2020-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-141-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr141info.pdf Alternate Down…
#2

misdemeanor, then your case is a misdemeanor case, not an infraction case. 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 cour…
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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. What does this information sheet cover? What is an infraction? What is an appeal? Do I need a lawyer to appeal? 1 2 3 4 For information about appea…
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http://leginfo.legislature.ca.gov/faces/codes.xhtml.) 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 and Record on Appeal (Infraction) (form CR-142) to prepare and f…
#5

of my punishment? 5 6 7 9 10 _____________________________________________________________________________ Revised January 1, 2020 Information on Appeal Procedures CR-141-INFO, Page 3 of 8 for Infractions CR-141-INFO Information on Appeal Procedures for Infractions unjustifiably denied your r…
#6

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 a trial court can be prepared and provided to the appellate division in an infraction case: a. You can use a…
#7

statement on appeal and the procedures for preparing a statement. You can get a copy of this rule at any courthouse or county law library or online at www.courts.ca.gov/rules.) Preparing a proposed statement: If you choose to use a statement on appeal, you must prepare a proposed statement. If you are not repres…
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proposed changes (called “amendments”) to this statement. The trial 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 proposed statement that are …
#9

a copy of the official electronic recording itself can be used as the record of these 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 that there is a local rule permitting the use of the re…
#10

a statement on appeal instead or take one of the other actions listed in rule 8.917. Completion and delivery: Once you deposit the estimated cost of the transcript or 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 …
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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 mad…
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division to consider 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 8.921 of the California Rules of Court for more information about this procedure. You c…
#13

statement on appeal (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…
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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. “Oral argument” is the parties’ chan…
#15

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 in the appeal. If your punishment was stayed during the appeal, you may be required to start complying with your punishment immediate…

CR-141-INFO - Information on Appeal Procedures for Infractions

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