ADA
requesting an appeal

This page tells you about:

  1. What is an appeal?
  2. Can anyone ask for an appeal?
  3. Where do I file an appeal?
  4. Is there a deadline to file an appeal?
  5. Does the appeal stop the judge’s sentence?
  6. Do I have to file any other papers after the Notice of Appeal?
  7. Does the respondent get a chance to comment on my Statement?
  8. What does the Court do with the Statement?
  1. What is an appeal?

    If you are found guilty at your traffic trial, you are allowed to appeal the Court's decision.

    An appeal is NOT a new trial. It is when the appellate department of the court reviews the evidence (testimony and exhibits) already presented at the original trial.

    The information sheet Information on Appeal Procedures for Infractions  is available from the State Judicial Council website.

  2. Can anyone ask for an appeal?

    To ask for an appeal, one of two things must have happened:

    (1) The evidence in the trial court was not enough to justify the Court's decision; or
    (2) There were errors of law during or before the trial that hurt your case.

    To decide if the evidence was not enough to justify the decision, the appellate court will review the record.

  3. Where do I file an appeal?

    File your appeal at the Santa Clara Courthouse.

  4. Is there a deadline to file an appeal?

    Yes. You must file a Notice of Appeal and Record of Oral Proceedings (CR-142)  within 30 days of entry of judgment or court order. If you miss the deadline, you lose your right to appeal.

  5. Does the appeal stop the judge's sentence?

    No. An appeal does not stop the sentence unless the judge orders it to be stopped until your appeal is worked out.

  6. Do I have to file any other papers after the Notice of Appeal?

    Yes. You must file a Proposed Statement on Appeal (CR-143)  within 20 days after you file the notice of appeal. Or, you can file this paper at the same time as the Notice of Appeal and Record of Oral Proceedings (CR-142) .

    Your Proposed Statement on Appeal (CR-143)  must say why you are appealing. You must serve a copy of the statement to the District Attorney's Office (see county DA web page ).

  7. Does the respondent get a chance to comment on my Statement?

    Yes. The respondent (i.e. District Attorney's Office) has ten days after service of your statement to file and serve Proposed Amendments (changes) to the Statement.

  8. What does the Court do with the Statement?

    The court will review the proposed statement and make necessary corrections or order a transcript of the proceedings. The record on appeal will then be sent to the appellate division. Occasionally, the court will set a time for a Settled Statement Hearing to review the facts.
© 2014 Superior Court of California, County of Santa Clara