Amador County Superior Court — Appeals

Contact Information The Physical Location & Mailing address is: 500 Argonaut Lane, Jackson, CA.95642 (Click for Google Map) The Courthouse is open Monday through Friday (excluding holidays). The Courthouse is open for public access: 8AM to 3PM The Clerk’s Office is available by phone 9AM-3PM M-F. Call: 209-257-2603 Case Search Available 24 hours a day to assist you in locating Case information. Search Now About Appeals Appeals Division Overview What is an Appeal? An Appeal is the review of the decision of a trial court's final judgment or other legal ruling. An appeal is not a new trial. Any party to the action requesting the higher court to review a decision made by a lower court may file an appeal. California Judicial Branch Self Help Website: CA Appeals Process Plain and Simple There are as many Appeals Case Types as there are normal Case Types. There are however other rules that apply to making an Appeal on a closed case. Infraction (Traffic) Timeline to Appeal: A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. To learn more, you should read Title 8 of the California Rules of Court, Rules 8.900 – 8.929, which set forth the governing codes on the procedures for infraction cases. Misdemeanor Timeline to Appeal: A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. To learn more, you should read Title 8 of the California Rules of Court, Rules 8.800 – 8.816 and 8.850 - 8.890, which set forth the governing codes on the procedures for misdemeanor cases. Felony A Notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. To learn more, you should read Title 8 of the California Rules of Court, Rules 8.300 – 8.368, which set forth the governing codes on the procedures for felony cases. Limited Civil Limited Civil (Disputes involving $25,000.00 or less – includes unlawful detainers.) Timeline to Appeal: Refer to Rule 8.822 To learn more, you should read Title 8 of the California Rules of Court, Rules 8.820 through 8.843 , which set forth the governing codes on the procedures for limited civil cases. Unlimited Civil Unlimited civil (disputes involving more than $25,000.00 - includes unlawful detainers). Unlimited civil also includes probate, family law, and adoptions. Timeline to Appeal: Refer to Rule 8.104 . To learn more, you should read Title 8 of the California Rules of Court, Rules 8.100 – 8.278, which set forth the governing codes on the procedures for unlimited civil cases. Small Claims Small claims appeals are not filed in the appeals department. They are filed with the civil division of the Superior Court where the small claims action was initially filed. Timeline to Appeal: Small claims appeals are filed within 30 days after the judge made a decision/judgment. If the decision/judgment was mailed, the party has 30 days from the date the decision/judgment was mailed. The date will be reflected on the copy of the decision/judgment. For a general guideline on the process of small claims appeals and how to appeal a decision/judgment, go to the California Courts Self-Help Center website. Juvenile Delinquency Appeals Timelines to Appeal: You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed. To learn more, you should read Title 8 of the California Rules of Court, Rules 8.400 – 8.474, which set forth the governing codes on the procedures for juvenile cases. Juvenile Dependency Appeals And Writ Petitions Timelines to Appeal: You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed. Timelines to file Notice of Intent to file Writ Petition: Rule 8.450 To learn more, you should read Title 8 of the California Rules of Court, Rules 8.450 – 8.470, which set forth the governing codes on the procedures for juvenile dependency cases. Habeas Corpus Timelines to Appeal: You must file a written notice of appeal within 60 days after the rendition of the judgment or the making of the order being appealed. To learn more, you should read Title 8 of the California Rules of Court, Rules 8.380 – 8.388, which set forth the governing codes on the procedures for Habeas Corpus Appeals and Writs. Appellate Fees The Appellate Fee will vary by case type and case file size. Check the Costs & Fees tab for more information. Fee Waiver forms can be found here. and information can be found here and here. Frequently Used Appeals Forms Available on the Forms tab. Many Appellate forms can also be found on the Judicial Council Form Site: Here Costs and Fees The following information is provided for general reference only. The actual cost may vary depending on case file size and case type. Appellate Fees The Appellate Fee will vary by case type and case file size. All Case Types must pay the Base Court Transcript Fees: Clerk's Transcript Deposit: $100.00 (One Time) This pays the following first: Clerk's Transcript Page Fee: $0.50 Per Page copied from the case file. Cover Sheet: $1.00 Each Title and Index Pages: $1.00 Each Flat Shipping Fee: $20.00 Per Transcript Shipment Clerk's Record Certification: $25.00 (One time). Depending on Case Type between two and five Complete Appeal Transcript copies may be required. Check below to see how many copies may be required for your case type. All copies must be paid for in advance, or a fee waiver received and accepted before the case type deadline. Look at the Overview tab for timelines. If you are the respondent on an Appeal, you may also purchase your own copy of the Clerk's Transcript. This cost would be similar to one copy of the above costs. The costs of an Appeal will also include a Court Reporter's Transcript Fee. This only needs to be paid once to Appeal. That copy then travels with the appeal. If any party would like their own copy, they must pay the fee for another copy. The Initial deposit for the Court Reporter's transcript is: Court Reporter's Transcript Fee: $50.00 There will also be additional fees for this as well. Fee Waiver forms can be found here. and information can be found here and here. Case Type Required Documents and fees Infraction (Traffic) Clerk's transcripts number: 3 for Appellate Judges and 1 for Party = 4 copies Appeals Case Respondent must pay for their own transcript separately. Audio Recording of oral proceeding: $25.00 Misdemeanor Clerk's transcripts number: 3 for Appellate Judges and 1 for Party = 4 copies Felony Clerk's transcripts number: 1 for Third Court District of Appeals, 1 for CCAP, 1 for Attorney General, and 1 for Party = 4 copies Civil Case Demand Up To $10K Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Fee to File a Notice of Appeal: $225.00 Appeals Case Respondent must pay for their own transcript separately. Civil Case $10K To $25K Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Fee to File a Notice of Appeal: $370.00 Appeals Case Respondent must pay for their own transcript separately. Civil Case Labor Commissioner Award Clerk's transcripts number: 3 for Appellate Judges and 1 for Party = 4 copies Fee to File a Notice of Appeal: $30.00 Appeals Case Respondent must pay for their own transcript separately. Civil Case Menacing Dog Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Fee to File a Notice of Appeal: $425.00 Appeals Case Respondent must pay for their own transcript separately. Civil Case Above $25K Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Fee to File a Notice of Appeal: $100.00 Appeals Case Respondent must pay for their own transcript separately. Family Law Case - Civil Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Fee to File a Notice of Appeal: $100.00 Appeals Case Respondent must pay for their own transcript separately. Habeas Corpus Case - Civil Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Party = 2 copies Appeals Case Respondent must pay for their own transcript separately. Small Claims Case Small Claims Appeals are not filed with the Appeals Division, it is instead filed with the Civil Division. Clerk's transcripts number: No Transcript Prepared Fee to File a Notice of Appeal: $75.00 Civil/Criminal Delinquency Case Clerk's transcripts number: 1 for Third Court District of Appeals and 1 for Filing Party = 2 copies A copy may need to be prepared for all parties on the case. Appeals Case Respondent must pay for their own transcript separately. Civil Dependency Case Clerk's transcripts number: 1 for Third Court District of Appeals and 1 For Filing Party = 2 copies A copy may need to be prepared for all parties on the case. Appeals Case Respondent must pay for their own transcript separate. Appeal Terminology What is an Appeal? An Appeal is the review of the decision of a trial court's final judgment or other legal ruling. An appeal is not a new trial. Any party to the action requesting the higher court to review a decision made by a lower court may file an appeal. For More Info watch To Appeal or Not to Appeal To Learn even more about Appeals Cases, Please refer to CA Rules of Court: Title 8 Appellant Party who takes an appeal from one court or jurisdiction to another. Appellate Brief Written arguments by counsel required to be filed on why the trial court acted incorrectly. Augment Addition to the official record after it has been certified to the higher court. Clerk's Transcript An official copy of the record in each case of the proceedings and pleadings necessary for the appellate court to review the history of the case. Decision A determination arrived at after consideration of facts and law. Opinion Statement by a judge or court of the decision reached. Order Direction of a court or judge made or entered in writing. Remittitur The returning or sending back of the record by a court of appeal or appellate court after its decision. Reporter's Transcript An official copy of the record of proceedings in a trial or hearing. Word for word typing of everything that was said “on the record” during the trial. Respondent Party who contends against an appeal. Where Can I Find More Information? California Courts Self-Help Website Self-Help Center (Amador Local Self-Help Resources) Frequently Used Appeals Forms Available on the Forms tab. Where do I file my Appeal? All appeals must be filed with the Amador Superior Court appellate division, except parking citations. Appeals can be filed in the Clerk's Office. All documents are filed at the Clerks Office, located at 500 Argonaut Lane, Jackson, CA. Papers filed with the Clerks Office can be submitted in person during office hours, or left in the dropbox at the Courthouse entrance. (See Local Rule 11.22). Parking Citation are issued by the Police Department in each city. To appeal a parking ticket, you must call the issuing Police Department. Where can I find more Information? Department of Consumer Affairs website Department of Consumer Affairs: California Tenants Guide California Courts Self-Help Website California Department of Consumer Affairs Self-Help Center (Amador Local Self-Help Resources) Frequently Used Appeals Forms Available on the Forms tab. Forms Infraction Appeals CR-141-Info: - Information on Appeal Procedures for Infractions 03/01/14 Misdemeanor Appeals CR-131-Info: - Information on Appeal Procedures for Misdemeanors 03/01/14 Limited Civil Appeals APP-101-Info: - Information on Appeal Procedures Limited Civil Cases 03/01/14 Unlimited Civil Appeals APP-001-Info: - Information on Appeal Procedures Unlimited Civil Cases 07/01/15 Other Appellate Forms - All State Appeals Forms can be found on the state forms site. FAQ's The following questions and answers are provided for general reference and information only. Where do I file my Papers? All documents are filed at the Clerks Office, located at 500 Argonaut Lane, Jackson, CA. Papers filed with the Clerks Office can be submitted in person during office hours, or left in the dropbox at the Courthouse entrance. (See Local Rule 11.22).Papers being filed on the day of the hearing must be filed in the courtroom, unless there is a filing fee, then they must be filed at the public counter. When Filing papers with the Court, Please use the following Guidelines: Pleadings will not be filed unless they comply with California Rules of Court, Rule 2.100 et seq. Exhibits must be as legible as original typing or printing. No conformed copies of documents filed with the Clerk's Office will be returned by mail unless a self-addressed stamped envelope, with sufficient postage is provided. All papers presented for filing must be pre-punched in the standard two-hole position to comply with California Rules of Court, rule 2.115. An original and one copy must be submitted, and only two copies of each document will be conformed. Advanced reservations are required for all Unlimited and Limited Civil Motions. Documents submitted without appropriate filing fees according to the court's Statewide Filing Fee Schedule will be returned un-filed. A copy of the judgment is required for issuance of Writ of Execution or Abstract of Judgment. Fee Waivers Basic Fee Waiver Facts. After Getting a Fee Waiver. Paying Waived Fees Back. Waiver of court Fees in appeals and Writ Proceedings. Information sheet on Waiver of Superior Court Fees and Costs. Can I appear by Phone? CourtCall Amador Superior Court utilizes the service of CourtCall. This organized program allows parties to appear by telephone in certain non evidentiary pre-trial proceedings. Please contact CourtCall for the current fee for this service. All CourtCall appearances should be arranged no later than five Court days prior to the hearing. For further Information Call: 1-888-88-COURT or 1-888-882-6878 Website: http://www.CourtCall.com. Examples of cases in which Courtcall is available (SEE CALIFORNIA RULES OF COURT 3.670) Case Management Conferences. Trial Setting Conferences. Hearings on law and motion matters, except motions in limine. Certain Probate cases (if you are unsure contact us). Please Note: Trials, Pre-Trials and Settlement Conferences cannot be handled through CourtCall. No evidence will be taken on CourtCall. How Do I Notify the Court of Change of Address? Use the – JUDICIAL COUNCIL FORM MC-040 NOTICE OF CHANGE OF ADDRESS

Broward Division 61J (NATASHA DEPRIMO) — Divisional requirements

2 verbatim requirements on divisional requirements in NATASHA DEPRIMO's division.