For information about appeal procedures in other 
cases, see: 

Information on Appeal Procedures for 
Misdemeanors (form CR-131-INFO) 

Information on Appeal Procedures for Limited 
Civil Cases (form APP-101-INFO) 

ou can get these forms at any courthouse or county 

law library or online at www.courts.ca.gov/forms. 

                       

• 

 

  •

  Y

“prejudicial error”). Prejudicial error can include 
things like errors made by the judge about the law or 
errors or misconduct by the lawyers that harmed the 
appellant. When it conducts its review, the appellate 
division presumes that the judgment, order, or other 
decision being appealed is correct. It is the 
responsibility of the appellant to show the appellate 
division that an error was made and that the error 
was harmful. 

  No substantial evidence: The appellant may also ask 

the appellate division to determine if there was 
substantial evidence supporting the judgment, order, 
or other decision being appealed. When it conducts 
its review, the appellate division only looks to see if 
there was evidence that reasonably supports the 
decision. The appellate division generally will not 
reconsider the trial court’s conclusion about which 
side had more or stronger evidence or whether 
witnesses were telling the truth or lying. 

he appellate division generally will not overturn the 

judgment, order, or other decision being appealed 
unless the record clearly shows that one of these legal 
errors was made. 

 

Do I need a lawyer to appeal? 
 

ou do not have to have a lawyer; you are allowed to 
represent yourself in an appeal in an infraction case. But 
appeals can be complicated, and you will have to follow 
the same rules that lawyers have to follow. If you have 
any questions about the appeal procedures, you should 
talk to a lawyer. You will need to hire a lawyer yourself 
if you want one. You can get information about finding a 
lawyer on the California Courts Online Self-Help Center 
at www.courts.ca.gov/selfhelp-lowcosthelp.htm. 

  T

4 

   

  Y

 

 

  •

1 

 

What does this information sheet 
cover? 

his information sheet tells you about appeals in 

infraction cases. It is only meant to give you a general 
idea of the appeal process, so it does not cover 
everything you may need to know about appeals in 
infraction cases. To learn more, you should read rules 
8.900–8.929 of the California Rules of Court, which set 
out the procedures for infraction appeals. You can get 
these rules at any courthouse or county law library or 
online at www.courts.ca.gov/rules. 

2 

What is an infraction? 
 

nfractions are crimes that can be punished by a fine, 
traffic school, or some form of community service but 
not by time in jail or prison. (See Penal Code sections 
17, 19.6, and 19.8. You can get a copy of these laws at 
http://leginfo.legislature.ca.gov/faces/codes.xhtml.) 
Examples of infractions are many traffic violations for 
which you can get a ticket or violations of some city or 
county ordinances for which you can get a citation. If 
you were also charged with or convicted of a 
misdemeanor, then your case is a misdemeanor case, not 
an infraction case. 

What is an appeal? 
 

n appeal is a request to a higher court to review a 

ruling or decision made by a lower court. In an 
infraction case, the court hearing the appeal is the 
appellate division of the superior court, and the lower 
court—called the “trial court” in this information 
sheet—is the superior court. 

It is important to understand that an appeal is NOT a 
new trial. The appellate division will not consider new 
evidence, such as the testimony of new witnesses or new 
exhibits. The appellate division’s job is to review a 
record of what happened in the trial court and the trial 
court’s decision to see if certain kinds of legal errors 
were made in the case: 

•  Prejudicial error: The party that appeals (called the 
“appellant”) may ask the appellate division to 
determine if an error was made about either the law 
or court procedures in the case that caused 
substantial harm to the appellant (this is called 

 

   

  

    T

      I

3 

      A

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

 
_____________________________________________________________________________ 
Judicial Council of California, www.courts.ca.gov 
 
CR-141-INFO, Page 1 of 8 
Rev. January 1, 2020, Optional Form 
Cal. Rules of Court, rules 8.900–8.929 
 

                         Information on Appeal Procedures 

for Infractions 

 

orm CR-142 at any courthouse or county law library or 
online at www.courts.ca.gov/forms.htm. 

Is there a deadline for filing my notice 
of appeal? 

es. In an infraction case, you must file your notice of 

appeal within 30 days after the trial court makes 
(“renders”) its judgment in your case or issues the order 
you are appealing. The date the trial court makes its 
judgment is normally the date the trial court orders you 
to pay a fine or orders other punishment in your case 
(sentences you). This deadline for filing the notice of 
appeal cannot be extended. If your notice of appeal is 
late, the appellate division will not be able to consider 
your appeal. 

   

8 

    Y

9 

How do I file my notice of appeal? 
 
 

To file the notice of appeal in an infraction case, you 
must bring or mail the original notice of appeal to the 
clerk of the trial court in which you were convicted of 
the infraction. It is a good idea to bring or mail an extra 
copy to the clerk and ask the clerk to stamp it to show 
that the original has been filed. 

There is no fee for filing the notice of appeal in an 
infraction case. You can ask the clerk of that court if 
there are any other requirements for filing your notice of 
appeal. 

After you file your notice of appeal, the clerk will send a 
copy of your notice to the office of the prosecuting 
attorney (for example, the district attorney, county 
counsel, city attorney, or state Attorney General). 

 
If I file a notice of appeal, do I still have 
to pay my fine or complete other parts 
of my punishment? 
 

iling the notice of appeal does NOT automatically 

postpone the deadline for paying your fine or 
completing any other part of your sentence. To 
postpone your sentence, you must ask the trial court for 
a “stay” of the judgment. If you want a stay, you must 
first ask the trial court for a stay. You can also apply to 
the appellate division for a stay, but you must show in 
your application to the appellate division that you first 
asked the trial court for a stay and that the trial court  

10 

   

      F

  f

     

f you are representing yourself, you must put your 
address, telephone number, fax number (if available), 
and e-mail address (if available) on the cover of every 
document you file with the court and let the court know 
if this contact information changes so that the court can 
contact you if needed. 

5 

Who can appeal? 

nly a party in the trial court case can appeal a decision 
in that case. You may not appeal on behalf of a friend, a 
spouse, a child, or another relative. 

The party that is appealing is called the APPELLANT; 
in an infraction case, this is usually the party convicted 
of committing the infraction. The other party is called 
the RESPONDENT; in an infraction case, this is usually 
the government agency that filed the criminal charges 
(on court papers, this party is called the People of the 
State of California). 

6 

Can I appeal any decision that the trial 
court made? 
 

o. Generally, you may appeal only a final judgment of 

the trial court—the decision at the end that decides the 
whole case. The final judgment includes the punishment 
that the court imposed. Other rulings made by the trial 
court before final judgment cannot be separately 
appealed, but can be reviewed only later as part of an 
appeal of the final judgment. In an infraction case, the 
party that was convicted of committing an infraction 
usually appeals that conviction or the sentence (the fine 
or other punishment) ordered by the trial court. In an 
infraction case, a party can also appeal from an order 
made by the trial court after judgment that affects a 
substantial right of the appellant (Penal Code section 
1466(2)(B). You can get a copy of this law at 
http://leginfo.legislature.ca.gov/faces/codes.xhtml.) 

How do I start my appeal? 
 

irst, you must file a notice of appeal. The notice of 

appeal tells the other party in the case and the trial court 
that you are appealing the trial court’s decision. You 
may use Notice of Appeal and Record on Appeal 
(Infraction) (form CR-142) to prepare and file a notice 
of appeal in an infraction case. You can get  

 

   

  I

      O

        N

7 

      F

 

 
 
_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 2 of 8 

                Information on Appeal Procedures 

for Infractions 

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

ecord, it will not be able to consider what was said in 
the trial court in deciding whether a legal error was made 
and it may dismiss your appeal. 

13 

What are the different forms of the 
record? 
 

here are three ways a record of the oral proceedings in 

a trial court can be prepared and provided to the 
appellate division in an infraction case: 

a.  You can use a statement on appeal. 

b.  If the proceedings were officially electronically 
recorded, the trial court can have a transcript 
prepared from the recording or, if the court has a 
local rule permitting this and all the parties agree 
(“stipulate”), you can use the official electronic 
recording itself as the record, instead of a transcript. 

c. 

If a court reporter was there during the trial court 
proceedings, the reporter can prepare a record called 
a “reporter’s transcript.” 

Read below for more information about these options. 

a.  Statement on appeal 

Description: A statement on appeal is a summary of 
the trial court proceedings approved by the trial 
court judge who conducted the trial court 
proceedings (the term “judge” includes 
commissioners and temporary judges).  

When available: If the trial court proceedings were 
not recorded either by a court reporter or by official 
electronic recording equipment or if you do not want 
to use either of these forms of the record, you can 
choose (“elect”) to use a statement on appeal as the 
record of the oral proceedings in the trial court 
(please note that it may take more of your time to 
prepare a statement on appeal than to use either a 
reporter’s transcript or electronic recording, if they 
are available). 

Contents: A statement on appeal must include:   

•  A statement of the points you (the appellant) are 

raising on appeal;  

•  A summary of the trial court’s rulings and 

judgment; and 

  r

     T

   

njustifiably denied your request. Your fine or other 
parts of your punishment will not be postponed unless 
the trial court or appellate division grants a stay. If you 
do not get a stay and you do not pay your fine or satisfy 
another part of your sentence by the date ordered by the 
court, a warrant may be issued for your arrest or a civil 
collections process may be started against you, which 
could result in a civil penalty being added to your fine. 

Is there anything else I need to do 
when I file my notice of appeal? 
 

es. When you file your notice of appeal, you must tell 

the trial court (1) whether you have agreed with the 
respondent (“stipulated”) that you do not need parts of 
the normal record on appeal, and (2) whether you want a 
record of what was said in the trial court (this is called a 
record of the “oral proceedings”) sent to the appellate 
division and, if so, what form of that record you want to 
use. Notice of Appeal and Record on Appeal (Infraction) 
(form CR-142) includes boxes you can check to tell the 
court whether and how you want to provide this record. 

11 

        Y

12 

 

In what cases does the appellate 
division need a record of the oral 
proceedings? 
 

ou do not have to send the appellate division a record 

of what was said in the trial court. But if you want to 
raise any issue in your appeal that would require the 
appellate division to consider what was said in the trial 
court, the appellate division will need a record of these 
oral proceedings. For example, if you are claiming that 
there was not substantial evidence supporting the 
judgment, order, or other decision you are appealing, the 
appellate division will need a record of the oral 
proceedings. Since the appellate division judges were 
not there for the proceedings in the trial court, an official 
record of these proceedings must be prepared and sent to 
the appellate court for its review. 

Depending on what form of the record you choose to 
use, you will be responsible for paying to have the 
official record of the oral proceedings prepared (unless 
you are indigent) or for preparing an initial draft of the 
record yourself. If you do not take care of these 
responsibilities, a record of the oral proceedings in the 
trial court will not be prepared and sent to the appellate 
division. If the appellate division does not receive the  

 

   

  u

   

      Y

 

_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 3 of 8 

                Information on Appeal Procedures 

for Infractions 

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

•  A summary of the testimony of each witness and 
other evidence that is relevant to the issues you 
are raising on appeal.  

(See rule 8.916 of the California Rules of Court for 
more information about what must be included in a 
statement on appeal and the procedures for preparing 
a statement. You can get a copy of this rule at any 
courthouse or county law library or online at 
www.courts.ca.gov/rules.) 

Preparing a proposed statement: If you choose to 
use a statement on appeal, you must prepare a 
proposed statement. If you are not represented by a 
lawyer, you must use Proposed Statement on Appeal 
(Infraction) (form CR-143) to prepare your proposed 
statement. You can get form CR-143 at any 
courthouse or county law library or online at 
www.courts.ca.gov/forms. 

Serving and filing a proposed statement: You must 
serve and file your proposed statement within 20 
days after you file your notice of appeal. “Serve and 
file” means that you must:  

•  Have somebody over 18 years old mail, deliver, 
or electronically send (“serve”) the proposed 
statement to the prosecuting attorney and any 
other party in the way required by law. If the 
proposed statement is mailed or personally 
delivered, it must be by someone who is not a 
party to the case—so not you. If the prosecuting 
attorney did not appear in your case, you do not 
need to serve the prosecuting attorney. 

•  Make a record that the proposed statement has 
been served. This record is called a “proof of 
service.” Proof of Service (Appellate Division) 
(form APP-109) or Proof of Electronic Service 
(Appellate Division) (form APP-109E) can be 
used to make this record. The proof of service 
must show who served the proposed statement, 
who was served with the proposed statement, 
how the proposed statement was served (by 
mail, in person, or electronically), and the date 
the proposed statement was served.  

clerk to stamp this copy to show that the original 
has been filed. 

You can get more information about how to serve 
court papers and proof of service from What Is Proof 
of Service? (form APP-109-INFO) and on the 
California Courts Online Self-Help Center at 
www.courts.ca.gov/selfhelp-serving.htm. 

Review and modifications: The prosecuting attorney 
and any other party have 10 days from the date you 
serve your proposed statement to serve and file 
proposed changes (called “amendments”) to this 
statement. The trial judge then reviews both your 
proposed statement and any proposed amendments 
filed by the prosecuting attorney and any other party. 
The judge will then make or order you to make any 
corrections or modifications to the proposed 
statement that are needed to make sure that the 
statement provides a complete and accurate 
summary of the relevant testimony and other 
evidence. 

Completion and certification: If the judge makes or 
orders you to make any corrections or modifications 
to the proposed statement, the corrected or modified 
statement will be sent to you, the prosecuting 
attorney, and any other party for your review. If you 
disagree with anything in the judge’s statement, you 
will have 10 days from the date the statement is sent 
to you to serve and file objections to the statement. 
The judge then reviews any objections, makes any 
additional corrections to the statement, and certifies 
the statement as a complete and accurate summary 
of the relevant testimony and other evidence. 

Sending the statement to the appellate division: 
Once the trial judge certifies the statement on 
appeal, the trial court clerk will send the statement to 
the appellate division along with the clerk’s 
transcript. 

b.  Official electronic recording or transcript 

from official recording 

•  File the original proposed statement and the 

When available: In some infraction cases, the trial 
court proceedings are officially recorded on 
approved electronic recording equipment. If your 
case was officially recorded, you can ask to have a 
transcript prepared for the appellate division from 
the official electronic recording of the proceedings. 
You should check with the trial court to see if your 
case was officially electronically recorded before 
you choose this option. Some courts also have local  
_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 4 of 8 

proof of service with the trial court. You should 
make a copy of the proposed statement you are 
planning to file for your own records before you 
file it with the court. It is a good idea to bring or 
mail an extra copy of the proposed statement to 
the clerk when you file your original and ask the 

                Information on Appeal Procedures 

for Infractions 

 

 
Information on Appeal Procedures for Infractions 
 

CR-141-INFO 

 

   

isconduct in your case that harmed you, that is 
generally enough to show that you need a transcript. 
If you ask for a transcript, the court may ask you 
what issues you are raising on appeal and may 
decide that a statement on appeal or a transcript of 
only some of the oral proceedings will be a good 
enough record to consider the issues you are raising. 

  m

If the court finds that you are not indigent, it will 
send you a notice and you will have a chance to use 
a statement on appeal instead or take one of the other 
actions listed in rule 8.917. 

Completion and delivery: Once you deposit the 
estimated cost of the transcript or official electronic 
recording with the clerk or show the court you are 
indigent and need a transcript, the clerk will have the 
transcript or copy of the recording prepared. When 
the transcript is completed or the copy of the official 
electronic recording is prepared, the clerk will send 
the transcript or recording to the appellate division 
along with the clerk’s transcript. 

When available: In some infraction cases, a court 
reporter is there in the trial court and makes a record 
of the oral proceedings. If a court reporter made a 
record of your case, you can ask to have the court 
reporter prepare a transcript of those oral 
proceedings, called a “reporter’s transcript.” You 
should check with the trial court to see if a court 
reporter made a record of your case before you 
choose this option. Some courts also have local rules 
that establish procedures for deciding whether a 
statement on appeal or a transcript of only some of 
the oral proceedings will be a good enough record to 
consider the issues you are raising on appeal. You 
should check whether the court has such a local rule. 

Cost: Ordinarily, the appellant must pay for 
preparing a reporter’s transcript. The court reporter 
will provide the clerk of the trial court with an 
estimate of the cost of preparing the transcript, and 
the clerk will notify you of this estimate. If you want 
the reporter to prepare a transcript, you must deposit 
this estimated amount or one of the substitutes 
allowed under rule 8.919 with the clerk within 10 
days after the clerk sends you the estimate. 
However, under rule 8.919 you can decide to use a 
different form of the record or take other action 
instead of proceeding with a reporter’s transcript. 

c.  Reporter’s transcript 

ules that establish procedures for deciding whether 
a statement on appeal or a transcript of only some of 
the oral proceedings will be a good enough record to 
consider the issues you are raising on appeal. You 
should check whether the court has such a local rule. 

If the court has a local rule for the appellate division 
permitting this and all the parties agree (“stipulate”), 
a copy of the official electronic recording itself can 
be used as the record of these oral proceedings 
instead of preparing a transcript. You should check 
with the trial court to see if your case was officially 
electronically recorded and check to make sure that 
there is a local rule permitting the use of the 
recording itself before choosing this option. If you 
choose this option, you must attach a copy of your 
agreement with the other parties (called a 
“stipulation”) to your notice regarding the oral 
proceedings.  

Cost: Ordinarily, the appellant must pay for 
preparing the transcript or making a copy of the 
official electronic recording. The court will send you 
an estimate of the cost for this transcript or the copy 
of the electronic recording. If you still want this 
transcript or recording, you must deposit this amount 
with the court. However, you can also choose to use 
a statement on appeal instead, or take one of the 
other actions listed in rule 8.917.  

If, however, you are indigent (you cannot afford to 
pay the cost of the transcript or electronic 
recording), you may be able to get a free transcript 
or official electronic recording. You can complete 
and file Defendant’s Financial Statement on 
Eligibility for Appointment of Counsel and 
Reimbursement and Record on Appeal at Public 
Expense (form CR-105) to show that you are 
indigent. You can get form CR-105 at any 
courthouse or county law library or online at 
www.courts.ca.gov/forms. The court will review this 
form to decide whether you are indigent. 

If you are indigent, an official electronic recording 
of your case was made, and you show that you need 
a transcript, the court must provide you with a free 
transcript. Whether you need a transcript depends on 
the issues you are raising on appeal. If the issues you 
are raising on appeal include that there was not 
substantial evidence supporting the judgment, order, 
or other decision you are appealing or that there was  

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

 

 

_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 5 of 8 

                Information on Appeal Procedures 

for Infractions 

  r

 

   

 

  Documents filed in the trial court: The trial court 
clerk is responsible for preparing a record of the 
written documents filed in your case, called a 
“clerk’s transcript,” and sending this to the appellate 
division. (The documents the clerk must include in 
this transcript are listed in rule 8.912 of the 
California Rules of Court. You can get a copy of this 
rule at any courthouse or county law library or 
online at www.courts.ca.gov/rules.) 

•  Exhibits submitted during trial: Exhibits, such as 

  •

photographs or maps, that were admitted in 
evidence, refused, or lodged (temporarily placed 
with the court) in the trial court are considered part 
of the record on appeal. If you want the appellate 
division to consider an exhibit, however, you must 
ask the trial court clerk to send the original exhibit to 
the appellate division within 10 days after the last 
respondent’s brief is filed in the appellate division. 
(See rule 8.921 of the California Rules of Court for 
more information about this procedure. You can get 
a copy of this rule at any courthouse or county law 
library or online at www.courts.ca.gov/rules.) 

Sometimes, the trial court returns an exhibit to a 
party at the end of the trial. If the trial court returned 
an exhibit to you or another party and you or the 
other party ask for the exhibit to be sent to the 
appellate division, the party who has the exhibit 
must deliver that exhibit to the appellate division as 
soon as possible. 

What happens after the record is 
prepared? 
 

s soon as the record of the oral proceeding is ready, the 

clerk of the trial court will send it to the appellate 
division along with the clerk’s transcript. When the 
appellate division receives this record, it will send you a 
notice telling you when you must file your brief in the 
appellate division. 

15 

       A

16 

      A

f, however, you are indigent (you cannot afford to 
pay the cost of the reporter’s transcript), you may be 
able to get a free transcript. You can complete and 
file Defendant’s Financial Statement on Eligibility 
for Appointment of Counsel and Reimbursement and 
Record on Appeal at Public Expense (form CR-105) 
to show that you are indigent. You can get form CR-
105 at any courthouse or county law library or 
online at www.courts.ca.gov/forms. The court will 
review this form to decide whether you are indigent. 

If the court finds that you are indigent, a court 
reporter made a record of your case, and you show 
that you need a transcript, the court must provide 
you with a free transcript. Whether you need a 
transcript depends on the issues you are raising on 
appeal. If the issues you are raising on appeal 
include that there was not substantial evidence 
supporting the judgment, order, or other decision 
you are appealing or that there was misconduct in 
your case that harmed you, that is generally enough 
to show that you need a transcript. If you ask for a 
reporter’s transcript, the court may ask you what 
issues you are raising on appeal and may decide that 
a statement on appeal or a transcript of only some of 
the oral proceedings will be a good enough record to 
consider the issues you are raising. 

If the court finds that you are not indigent, it will 
send you a notice and you will have a chance to pick 
another form of the record or take other actions 
listed in rule 8.919. 

Completion and delivery: Once you deposit the 
estimated cost of the transcript or one of the 
substitutes allowed under rule 8.919 or show the 
court you are indigent and need a transcript, the 
clerk will notify the reporter to prepare the 
transcript. When the reporter completes the 
transcript, the clerk will send both the reporter’s 
transcript and clerk’s transcript to the appellate 
division. 

What is a brief? 
 

14 

Is there any other part of the record 
that needs to be sent to the appellate 
division? 
 

need to be sent to the appellate division: 

es. There are two other parts of the official record that 

 brief is a party’s written description of the facts in the 
case, the law that applies, and the party’s argument about 
the issues being appealed. If you are represented by a 
lawyer in your appeal, your lawyer will prepare your 
brief. If you are not represented by a lawyer in your 
 
appeal, you will have to prepare your brief yourself. You  
_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 6 of 8 

                Information on Appeal Procedures 

for Infractions 

         Y

 

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

  I

 

   

ou can get more information about how to serve court 

papers and proof of service from What Is Proof of 
Service? (form APP-109-INFO) and at 
www.courts.ca.gov/selfhelp-serving.htm.  

17 

 

What happens after I file my brief? 
 

ithin 30 days after you serve and file your brief, the 

respondent (the prosecuting agency) may, but is not 
required to, respond by serving and filing a respondent’s 
brief. If the respondent does not file a brief, the appellant 
does not automatically win the appeal. The court will 
decide the appeal on the record, the appellant’s brief, and 
any oral argument by the appellant.  

If the respondent serves and files a brief, within 20 days 
after the respondent’s brief was served, you may, but are 
not required to, serve and file another brief replying to 
the respondent’s brief. This is called a “reply brief.” 

18 

What happens after all the briefs have 
been filed? 
 

nce all the briefs have been served and filed or the time 

to serve and file them has passed, the court will notify 
you of the date for oral argument in your case. 

19 

What is oral argument? 
 

Oral argument” is the parties’ chance to explain their 
arguments to the appellate division judges in person.   

You do not have to participate in oral argument, if you 
do not want to; you can notify the appellate division that 
you want to “waive” oral argument. If all parties waive 
oral argument, the judges will decide your appeal based 
on the briefs and the record that were submitted. But if 
one party waives oral argument and another party or 
parties does not, the appellate division will hold oral 
argument with the party or parties who did not waive it.  

If you do choose to participate in oral argument, you will 
have up to five minutes for your argument, unless the 
court orders otherwise. Remember that the judges will 
already have read the briefs, so you do not need to read 
your brief to the judges. It is more helpful to tell the 
judges what you think is most important in your appeal 

  Y

   

  W

        O

      “

   

hould read rules 8.927–8.928 of the California Rules of 
Court, which set out the requirements for preparing, 
serving, and filing briefs in infraction appeals, including 
requirements for the format and length of these briefs. 
You can get these rules at any courthouse or county law 
library or online at www.courts.ca.gov/rules. 

Contents: If you are the appellant (the party who is 
appealing), your brief, called the “appellant’s opening 
brief,” must clearly explain what you believe are the 
legal errors made in the trial court. Your brief must refer 
to the exact places in the clerk’s transcript and the 
statement on appeal (or other record of the oral 
proceedings) that support your argument. Remember 
that an appeal is not a new trial. The appellate division 
will not consider new evidence, such as the testimony of 
new witnesses or new exhibits, so do not include any 
new evidence in your brief. 

Serving and filing: You must serve and file your brief in 
the appellate division by the deadline the court set in the 
notice it sent you, which is usually 30 days after the 
record is filed in the appellate division. If you do not 
file your brief by the deadline set by the appellate 
division, the court may dismiss your appeal. 

“Serve and file” means that you must:  

•  Have somebody over 18 years old mail, deliver, or 

electronically send (“serve”) the brief to the 
respondent (the prosecuting agency) and any other 
party in the way required by law. If the brief is 
mailed or personally delivered, it must be by 
someone who is not a party to the case—so not you. 

•  Make a record that the brief has been served. This 

record is called a “proof of service.” Proof of Service 
(Appellate Division) (form APP-109) or Proof of 
Electronic Service (Appellate Division) (form APP-
109E) can be used to make this record. The proof of 
service must show who served the brief, who was 
served with the brief, how the brief was served (by 
mail, in person, or electronically), and the date the 
brief was served.  

•  File the original brief and the proof of service with 
the appellate division. You should make a copy of 
the brief you are planning to file for your own 
records before you file it with the court. It is a good 
idea to bring or mail an extra copy of the brief to the 
clerk when you file your original and ask the clerk to 
stamp this copy to show that the original has been 
filed. 

 

   

  s

 

_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 7 of 8 

                Information on Appeal Procedures 

for Infractions 

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

CR-141-INFO 

 
Information on Appeal Procedures for Infractions 
 

r ask the judges if they have any questions you could 

answer. 

20 

What happens after oral argument? 
 

fter oral argument is held (or the date it was scheduled 
passes if all the parties waive oral argument), the judges 
of the appellate division will make a decision about your 
appeal. The appellate division has 90 days after the date 
scheduled for oral argument to decide the appeal. The 
clerk of the court will mail you a notice of that decision. 

21 

 

What should I do if I want to give up 
my appeal? 
 

f you decide you do not want to continue with your 
appeal, you must file a written document with the 
appellate division notifying it that you are giving up (this 
is called “abandoning”) your appeal. You can use 
Abandonment of Appeal (Infraction) (form CR-145) to 
file this notice in an infraction case. You can get form 
CR-145 at any courthouse or county law library or 
online at www.courts.ca.gov/forms.  

If you decide not to continue your appeal and it is 
dismissed, you will (with only very rare exceptions) 
permanently give up the chance to raise any objections 
to your conviction, sentence, or other matter that you 
could have raised in the appeal. If your punishment was 
stayed during the appeal, you may be required to start 
complying with your punishment immediately after your 
appeal is dismissed. 
 

 

   

  o

      A

   

    I

 

_____________________________________________________________________________ 
Revised January 1, 2020 
CR-141-INFO, Page 8 of 8 

                Information on Appeal Procedures 

for Infractions