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Ame): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: NOTICE OF APPEAL CROSS-APPEAL (UNLIMITED CIVIL CASE) CASE NUMBER: Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. A copy of this form must also be served on the other p.
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Gov FAQ
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If the Court of Appeal issues an order to dismiss the appeal, in some cases an appellant can challenge the decision by filing a request to reinstate the appeal. A request to reinstate an appeal asks the Court of Appeal to reinstate the case and resume hearing the appeal.
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Reasons Why a Party Can Petition for Rehearing discuss important factual or legal errors, or misstatements in the Court of Appeal's decision. identify important arguments or issues that were discussed in the appeal but were not included in the Court of Appeal's decision.
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The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court.
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Wait for the Court's Decision: After considering your Motion for Reconsideration and any responses from the other parties, the court will issue a decision either granting or denying the motion. This decision will be based on the court's assessment of the legal and factual issues raised.
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Motion for reconsideration This is when a party that is affected by a trial court's order asks the same court to reconsider the order, based on new facts, circumstances, or law.
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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.
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An appeal is not another trial but an opportunity for the defendant to try to raise specific errors that might have occurred at trial. A common appeal is that a decision from the judge was incorrect – such as whether to suppress certain evidence or to impose a certain sentence.
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Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
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