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Kyle D. Smith, California Appeals Lawyer

My name is Kyle D. Smith

I’m an appellate attorney from Southern California. I represent people during civil or criminal appeals in California state or federal courts.

I am here to help.

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My Mission

I run a client-centered practice. This means that my mission is to identify your goals, and help you find the best path to achieving them. Whether your goals are personal or financial, the right appellate lawyer can help. Let’s work together to find the best practical legal solutions for your situation.

I represent clients anywhere in California.

Contact Information

Phone

(949) 537-2228

Email

info@Appeals-Lawyer.com

Fax

(949) 861-6506

Mailing Address

5405 Alton Parkway
Suite A-348
Irvine, California 92618

Hours

By Appointment Only
Monday through Friday
9:00am–6:00pm

About Appeals

What is an appeal?

An appeal is a legal proceeding in which one party asks a higher court to review one or more of the decisions made by a lower court. If the higher court disagrees with something that happened in the lower court, it can order the case to be changed in some way.

Put simply, an appeal is a way of fixing mistakes. When a party to a legal action disagrees with how the law was applied in a lower court, it might be a good idea to file an appeal.

During this process, it can help to be represented by an appellate attorney. They use their experience and their writing skills in the higher courts to advocate for their clients’ interests in the most strategic way possible.

The basic hierarchy of California courts is shown below. The higher courts can order lower courts to change something about the case.

California's Court Hierarchy

Who can appeal?

An appeal can be filed by one or more of the parties to a court case. Usually, people who are not directly involved in the case are not permitted to file an appeal, although there are some exceptions.

The party that files the appeal is usually called the appellant, and the opposing party is usually called the respondent or appellee.

If the appellant is represented by an attorney, it will be their attorney’s responsibility to file and litigate the appeal.

What can be argued?

Appeals are primarily concerned with challenging legal errors made by the court below—not just incorrect factual determinations. So, on appeal, the parties argue about whether the law was correctly applied in the court below.

New evidence is prohibited in an appeal, except in unusual cases. This means that an appeal is not a new trial or an opportunity to relitigate facts.

Factual determinations can, however, be challenged if: the evidence was legally insufficient to support the finding reached, or there was a legal error that affected how the determination was reached.

When should an appeal be filed?

Appeals are usually filed a party after a final judgment is issued by the lower court. Sometimes a party can seek legal relief before a final judgment is entered.

The exact deadline can vary depending on: the type of case, the order being appealed from, and the way the parties were notified about the entry of judgment.

Deadlines to appeal are often fairly short, normally ranging from 14 days to about 60 days (although some unusual cases have a deadline as high as 180 days after the entry of judgment).

It is important that people wanting to appeal know the exact deadline for their case. It can be important to retain an appellate attorney as early as possible to ensure that all deadlines are met.

How is an appeal started?

In California, appeals begin when a document called a “notice of appeal” is filed in the lower court. When the appealing party has an attorney, the attorney is be responsible for filing the notice of appeal (if instructed to do so in a timely manner).

At the end of an appeal, there are usually winners and losers. If a party wants the decision of a court of appeal changed, they can file a petition for review in the supreme court (in federal court this is called a petition for writ of certiorari).

The exact process will depend on the type of case and the issue being argued. But for many cases, the matter will proceed as follows:

Overview of the Appellate Process in California

Where do appeals take place?

In California state courts, the exact location of where a notice of appeal must be filed (or where the appeal will be argued) depends on the type of case and the location of the lower court.

Usually, a notice of appeal must be filed in the trial court where the matter was first heard. The case will then be transferred to either: the appellate division of the same superior court, or one of California’s six district courts of appeal (as shown below).

Take your case to the next level. Make the call.