CALIFORNIA COURTS OF APPEAL
The California Courts of Appeal: Intermediate Review of State Law
The California Courts of Appeal serve as the state’s intermediate courts of review, primarily ensuring that the law is interpreted and applied correctly in cases appealed from the California Superior Courts. They are a critical component of the state’s judicial system, handling the vast majority of appeals and allowing the California Supreme Court to focus on cases raising important, statewide legal questions or resolving conflicts in lower court decisions. Legal representation is critical in matters before the Courts of Appeal.
Structure and Organization
The state is geographically divided into six appellate districts, with divisions within some districts to manage caseloads.
- First District: San Francisco
- Second District: Los Angeles (and Ventura)
- Third District: Sacramento
- Fourth District: San Diego, San Bernardino, and Santa Ana (multiple divisions)
- Fifth District: Fresno
- Sixth District: San Jose
Each district or division is presided over by a presiding justice and two or more associate justices. Cases are decided by a randomly selected panel of three justices. Justices are appointed by the Governor, confirmed by the Commission on Judicial Appointments, and must be retained by the public in general elections for 12-year terms.
Function and Types of Cases
The core function of the Courts of Appeal is to review the record of a trial court case for prejudicial errors of law. They do not conduct new trials, hear new evidence, or re-evaluate witness credibility; their review is limited to the existing trial record.
The courts have appellate jurisdiction over:
- Unlimited Civil Cases: Cases involving an amount over $35,000, including family law and probate.
- Felony Cases: All felony criminal appeals except death penalty cases, which go directly to the Supreme Court.
- Juvenile Cases: Both juvenile delinquency and dependency matters.
- Other Matters: The courts also have original jurisdiction to rule on petitions for extraordinary writs such as habeas corpus, mandamus, and prohibition.
Appeals in limited civil cases (claims of $35,000 or less), misdemeanors, and infractions are handled by the Appellate Division of the superior court, not the Court of Appeal.
The Appeals Process
The process begins when a party files a notice of appeal with the superior court clerk. The appellant then designates the official record of the trial proceedings, which forms the basis for the appeal. Both parties file written legal arguments called briefs, after which the case may be set for oral argument. The justices then deliberate and issue a written decision, known as an opinion, which must include a statement of facts, the legal issues, and the court’s reasoning.
Decisions are binding on all superior courts in the state, but can be reviewed by the California Supreme Court.
Read more about the California Courts of Appeal.
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