Legal Question in Civil Litigation in California
I'm assuming an appeal has begun ... even though an "opening brief" has not been submitted in an appeal?
Is this correct?
Thank you.
3 Answers from Attorneys
To start the appeal, you have to timely file with the superior court the notice of appeal and pay the fee. Then you have to designate the record. The Court of Appeal (assuming you're in state court) will set a briefing schedule.
The short answer to your question is: correct. Typically an opening brief is not actually fir fir 6 to 9 months after the filing of the notice of appeal. There still is, however, an appeal.
I am a certified appellate law specialist. Please contact my office if you are considering representation
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I don't know how Mr. Fox knows an appeal was filed. His crystal ball must be clearer than mine.
If you filed an appeal, you would know it. An appeal is commenced by filing a notice of appeal in the Superior Court, not the Court of Appeal. If your opponent filed an appeal, you or your attorney should get notice from the Civil Appeals Unit of the Superior Court, in the form of a document called Notice re: Notice of Appeal. It is sent to both parties, or their attorneys of record.
If it is an appeal from an unlimited civil action, the appeal will be heard by the Court of Appeal for your district. All of the district Courts of Appeal have case information available online, available at the California Courts website. If it is a limited civil action, the appeal is properly made to the Appellate Division of the Superior Court. This may or may not be available online, depending on which county the case is located in.
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