Legal Question in Appeals and Writs in California

Notice of Appeal

? 1 . where can I get a blank of a notice of appeal for califronia on the web/

? are order in family court appealable?


Asked on 12/28/00, 7:49 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Notice of Appeal

there is no blank form. You draft it on a piece of blank pleading paper.

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Answered on 12/30/00, 8:22 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: Notice of Appeal

One the web, you can go to the Findlaw site and there is a great selection of all California Judical Council forms. the only established form for a "Notice of Appeal" is for an appeal from a determination that a dog is "menacing." If you look at that form, you'll see how simple it is, it just refers to the case caption, case # and that you appeal from the judgement in that case. However, as the previous posted answer stated, there is no particlur "form" on the web, since it is just a brief statement done on "pleading paper." A better source for info on California Civil appeals, which has sample forms for everthing, is a book by the "CEB" organization, "California Civil Appellate Practice."

As to wether your "Order" is appealable, that is a potentially complicated question. NORMALLY, an order is only appealable if it is a final judgement on that issue. Some orders can be appealed from immediately, some cannot be appealed from until the entire case is completed and there is a final "Judgment" and some orders can be taken up on a Writ. In Writs the Court of Appeal may or may not hear the case, its up to them.

You need to contact an appellate attorney because it is a complex area with lots of seemingly conflicting deadlines. It is easy to miss a deadline for filing a document and you can easily blow the whole appeal.

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Answered on 12/31/00, 1:35 pm


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