What Is an Appeal and When Does It Apply?
An appeal is not a new trial. It is a review by a higher court of legal errors made during the original trial or hearing. The California Court of Appeal reviews decisions from Superior Courts, including San Luis Obispo County Superior Court. Appeals can also proceed to the California Supreme Court and, on federal constitutional questions, to the U.S. Court of Appeals for the Ninth Circuit.
Appellate advocacy is a distinct skill set from trial work. It requires mastery of the record below, precise brief writing, and the ability to identify legal errors that courts of appeal actually reverse, as opposed to complaints about the outcome. Our attorneys have both trial and appellate experience, which gives them a unique perspective on what arguments have merit at the appellate level.
Grounds for a Successful Appeal
- Legal errors by the trial court: Incorrect rulings on motions, evidentiary errors, improper jury instructions, or misapplication of the law
- Insufficient evidence: When the verdict or judgment is not supported by substantial evidence in the record
- Procedural errors: Violations of your constitutional rights during the proceeding
- Newly discovered evidence: In limited circumstances, evidence that could not have been discovered with reasonable diligence before trial
- Ineffective assistance of counsel: In criminal matters, where prior representation fell below the constitutional standard
Appellate Services We Provide
- Full civil appeals in the California Court of Appeal, Second and Sixth Districts
- Criminal appeals including direct appeals and habeas corpus petitions
- Writs (extraordinary relief) when an immediate appellate remedy is needed during a pending proceeding
- Post-judgment motions, including motions for new trial and motions to vacate judgment
- Amicus briefs in matters of significant legal interest
- Consultation for trial counsel on preserving appellate issues during litigation
Appellate Deadlines Are Unforgiving
California's notice of appeal deadlines are among the strictest in the law. In civil cases, you generally have 60 days from notice of entry of judgment to file a notice of appeal, sometimes 180 days if formal notice was never served. Miss the deadline, and the right to appeal is gone. If you received an adverse ruling, contact us immediately so we can assess the timeline and preserve your options.
Our appellate practice operates statewide, though we are based in San Luis Obispo. Our founding attorneys grew the firm's name in part through appellate work. The firm name itself reflects that appellate heritage. We also handle trial-level civil litigation and business disputes where preserving appellate issues from day one is part of the strategy. The California Courts of Appeal website provides information on the appellate process and filing requirements. Contact us for a case evaluation.