Legal Question in Appeals and Writs in California
appeals and writs
is there a legal precedence, statue or rule that stipulates that the superior (lower court) 'must' surrender to the appellate court any request to the (lower court) for an appeal of the judgement? Especially after 'a' litigant (no matter which one, filed an notice to appeal.)
2 Answers from Attorneys
Re: appeals and writs
I am not sure what you mean. After a notice of appeal is filed, it is up to the appealant to designate the record to be sent to the Appellate Court. For assistance call me or e-mail me directly.
Re: appeals and writs
Your use of the word "surrender" implies that you think a trial court could try to prevent an appellate court from gaining jurisdiction over a case. There is no way the lower court could do this, so there is no need for it to surrender anything. The appellate court gains jurisdiction automatically -- but only if the appeal was taken from an appealable order (most court orders are not appealable, and can only be contested in the appellate court after a judgment has been entered) and was properly filed before the applicable deadline.
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