For information about appeal procedures in other 
cases, see: 

Information on Appeal Procedures for Infractions 
(form CR-141-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. 

nstructions given to the jury, and misconduct by the 
jury 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 jury’s or 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. 

4 

 
Do I need a lawyer to appeal? 
 

ou will probably need a lawyer. You are not allowed to 

represent yourself in an appeal in a misdemeanor case 
unless the appellate division permits you to do so. But 
appeals can be complicated, and you would 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.  

f the appellate division permits you to represent 
yourself, you must put your address, telephone number,  

                     

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What does this information sheet 
cover? 

his information sheet tells you about appeals in 
misdemeanor 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 
misdemeanor cases. To learn more, you should read 
rules 8.800–8.816 and 8.850–8.890 of the California 
Rules of Court, which set out the procedures for 
misdemeanor appeals. You can get these rules at any 
courthouse or county law library or online at 
www.courts.ca.gov/rules. 

What is a misdemeanor? 
 

 misdemeanor is a crime that can be punished by jail 
time of up to one year, but not by time in state prison. 
(See Penal Code sections 17 and 19.2. You can get a 
copy of these laws at http://leginfo.legislature.ca.gov  
/faces/codes.xhtml.) If you were also charged with or 
convicted of a felony, then your case is a felony case, not 
a misdemeanor case. 

What is an appeal? 
 

n appeal is a request to a higher court to review a 
decision made by a lower court. In a misdemeanor 
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. 

t 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 
“prejudicial error”). Prejudicial error can include 
things like errors made by the judge about the law, 
errors or misconduct by the lawyers, incorrect 

 

   

  

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CR-131-INFO 

 
Information on Appeal Procedures for Misdemeanors 

_____________________________________________________________________________ 
Judicial Council of California, www.courts.ca.gov 
 
CR-131-INFO, Page 1 of 9 
Revised September 1, 2020, Optional Form 
Cal. Rules of Court, rules 8.800–8.889 
 

                Information on Appeal Procedures 

for Misdemeanors 

must hire a lawyer at your own expense. You can get 
information about finding a lawyer on the California 
Courts Online Self-Help Center at www.courts.ca.gov 
/selfhelp.htm at the “Getting Started” tab. 
 

 

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. 

he party that is appealing is called the APPELLANT; 

in a misdemeanor case, this is usually the party 
convicted of committing the misdemeanor. The other 
party is called the RESPONDENT; in a misdemeanor 
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). In some cases, the 
government agency is the appellant and the party against 
whom the charges were filed is the respondent. 

6 

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7 

Can I appeal any decision that the trial 
court made? 
 

o. Generally, you may appeal only the final judgment 

—the decision at the end that decides the whole case. 
The final judgment includes the punishment that the 
court imposed. With the exception listed below, rulings 
made by the trial court before final judgment generally 
cannot be separately appealed, but can be reviewed only 
later as part of an appeal of the final judgment. In a 
misdemeanor case, the party convicted of committing a 
misdemeanor usually appeals that conviction or the 
sentence (punishment) ordered by the trial court. In a 
misdemeanor case, a party can also appeal: 

•  Before the trial court issues a final judgment in the 
case, from an order granting or denying a motion to 
suppress evidence (Penal Code section 1538.5(j)) 

  From an order made by the trial court after judgment 
that affects a substantial right of the appellant (Penal 
Code section 1466(2)(B)) 

ou can get a copy of these laws at 

http://leginfo.legislature.ca.gov/faces/codes.xhtml. 

        N

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  Y

     

fax number, and email 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. 

f the appellate division does not permit you to represent 
yourself, you must hire a lawyer at your own expense or 
ask the court to appoint a lawyer to represent you. 

 

5 

How do I get a lawyer to represent me? 
 

The court is required to appoint a lawyer to represent 
you if you are indigent (you cannot afford to pay for a 
lawyer) and: 

•  You were convicted and your punishment includes 
going to jail or paying a fine of more than $500 
(including penalty and other assessments); or 

  You are likely to suffer other negative consequences 

from the conviction (for example, immigration 
problems or inability to get or keep a license or 
permit); or 

  You have not been convicted but you are likely to 
suffer significant harm if you lose the appeal. 

ee rule 8.851 of the California Rules of Court for more 
information about when the court is required to appoint a 
lawyer to represent you. 

he court may, but is not required to, appoint a lawyer to 
represent you on appeal in other circumstances if you are 
indigent. You are automatically considered indigent if 
you were represented by the public defender or other 
court-appointed lawyer in the trial court. You will also 
be considered indigent if you can show that your income 
and assets are too low to pay for a lawyer.  

f you think you are indigent, you can ask the court to 
appoint a lawyer to represent you for your appeal. You 
may use Request for Court-Appointed Lawyer in 
Misdemeanor Appeal (form CR-133) to ask the court to 
appoint a lawyer to represent you on appeal in a 
misdemeanor case. You can get form CR-133 at any 
courthouse or county law library or online at 
www.courts.ca.gov/forms. 

f you want a lawyer and you are not indigent or if the 
court turns down your request to appoint a lawyer, you 
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How do I start my appeal? 
 

for Misdemeanors 

CR-131-INFO 

 
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Information on Appeal Procedures for Misdemeanors 

iling the notice of appeal does NOT automatically 
postpone your punishment, such as serving time in jail, 
paying fines, or probation conditions.   

f you have been sentenced to jail in a misdemeanor 
case, you have a right to be released either with or 
without bail while your appeal is waiting to be decided,  
but you must ask the court to set bail or release you. If 
the trial court has not set bail or released you after your  
notice of appeal has been filed, you must ask the trial 
court to set bail or release you. If the trial court denies 
your release or sets the bail amount higher than you  
think it should be, you can apply to the appellate 
division for release or for lower bail. 

ther parts of your punishment, such as fines or 

probation conditions, will be postponed (“stayed”) only 
if you request a stay and the court grants your request. 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 unjustifiably denied your 
request. If you do not get a stay and you do not pay your 
fine or complete another part of your punishment 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. 

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. You may use Notice Regarding Record 
on Appeal (Misdemeanor) (form CR-134) for this notice. 
(You can get form CR-134 at any courthouse or county 
law library or online at www.courts.ca.gov/forms). You 
must file this notice either: 

 
What do I need to do after I file my 
appeal? 
 
 

12 

       

•  Within 20 days after you file your notice of 

appeal; or, if it is later, 

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First, 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 (Misdemeanor) (form 
CR-132) to prepare and file a notice of appeal in a 
misdemeanor case. You can get form CR-132 at any 
courthouse or county law library or online at 
www.courts.ca.gov/forms. 

CR-131-INFO 

 

   

Is there a deadline for filing my notice 
 
of appeal? 

es. Except in the very limited circumstances listed in 
rule 8.853(b), in a misdemeanor case, you must file your 
notice of appeal within 30 days after the trial court  
makes (“renders”) its final judgment in your case or 
issues the order you are appealing. (You can get a copy 
of rule 8.853 at any courthouse or county law library or 
online at www.courts.ca.gov/rules). The date the trial 
court makes its judgment is normally the date the trial 
court issues its order saying what your punishment is 
(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. 

 

   

     

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9 

 
10 

 

How do I file my notice of appeal? 
 

o file the notice of appeal in a misdemeanor case, you 

must bring or mail the original notice of appeal to the 
clerk of the trial court that made the judgment or issued 
the order you are appealing. 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. 

here is no fee for filing the notice of appeal in a 

misdemeanor case. You can ask the clerk of that court if 
there are any other requirements for filing your notice of 
appeal. 

fter you file your notice of appeal, the clerk will send a 

copy of your notice of appeal to the office of the 
prosecuting attorney (for example, the district attorney, 
county counsel, city attorney, or state Attorney General). 
  
11 

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

   

   

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prepared from that recording; or if the court has a 
local rule permitting this and you and the 
respondent (the prosecuting agency) agree 
(“stipulate”) to this, you can use the official 
electronic recording itself as the record, instead of 
a transcript. 
You can use a statement on appeal. 

ead below for more information about these options. 

.  Reporter’s transcript 

When available: In some misdemeanor 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. 

ost: 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 8.866 
with the clerk within 10 days after the clerk sends 
you the estimate. However, under rule 8.866 you 
can decide to use a different form of the record or 
take other action instead of proceeding with a 
reporter’s transcript.  

  C

If, however, you are indigent (you cannot afford to 
pay the cost of a reporter’s transcript), you may be 
able to get a free transcript. If you were 
represented by the public defender or another 
court-appointed lawyer in the trial court, you are 
automatically considered indigent. If you were not 
represented by a court-appointed lawyer in the 
trial court, you can complete and file Defendant’s 

c. 

  R

  a

 

 

•  Within 10 days after the court decides whether 
to appoint a lawyer to represent you (if you ask 
the court to appoint a lawyer within 20 days 
after you file your notice of appeal).  

13 

In what cases does the appellate 
division need a record of what was 
said in the trial court? 
 

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 oral proceedings must be prepared and 
sent to the appellate division for its review. 

epending 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 this 
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 this 
record, 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. 

14 

 

What are the different forms of the 
record? 
 

here are three ways a record of the oral proceedings in 

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

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

 

If the proceedings were officially electronically 
recorded, the trial court can have a transcript 

 

   

 

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see if your case was officially electronically 
recorded before you choose this option. As with 
reporter’s transcripts, 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. 

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 the 
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 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 a 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 8.868.  

f, however, you are indigent (you cannot afford to 
pay the cost of the transcript or recording), you 
may be able to get a free transcript or recording. If 
you were represented by the public defender or 
another court-appointed attorney in the trial court, 
you are automatically considered indigent. If you 
were not represented by a court-appointed lawyer 
in the trial court, 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. 

  I

   

 

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. 

f 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 8.866. 

  I

Completion and delivery:  Once you deposit the 
estimated cost of the transcript or one of the 
substitutes allowed under rule 8.866 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 the reporter’s 
transcript to the appellate division along with the 
clerk’s transcript. 

.  Official electronic recording or transcript 

from an official recording 

When available: In some misdemeanor 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 from that official electronic 
recording. You should check with the trial court to 

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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 

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

See rule 8.869 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 this rule at any 
courthouse or county law library or online at 
www.courts.ca.gov/rules.htm.) 

  (

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 (Misdemeanor) (form CR-135) to prepare 
your proposed statement. You can get form 
CR-135 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 in the 
trial court within 20 days after you file your notice 
regarding the record of the oral proceedings. 
“Serve and file” means that you must:  

•  Have somebody over 18 years old who is not a 
party to the case—so not you—mail or deliver 
(“serve”) a copy of the proposed statement to 
the prosecuting attorney and any other party in 
the way required by law. 

•  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) can be used to make this 
record. The proof of service must show who  

 

 

  

 

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. As with reporter’s transcripts, 
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 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. 

f 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 8.868. 

ompletion and delivery: Once you deposit the 

estimated cost of the transcript or the 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.  

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Description: A statement on appeal is a summary 
of the trial court proceedings approved by the trial 
court judge who conducted those 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  
 

Statement on appeal 

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

15 

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

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

need to be sent to the appellate division: 

•  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 8.861 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.htm.) 

   

      Y

  Exhibits submitted during trial: Exhibits, such as 
photographs, 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 such 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 8.870 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.  

  •

 

served the proposed statement, who was 
served with the proposed statement, how the 
proposed statement was served (by mail or in 
person), and the date the proposed statement 
was served.  

•  File the original proposed statement and the 
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 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 court 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 statement 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 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. 

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  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) 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 or in person), 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. 

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.  

 

f you do not file your brief by the deadline set by the 
appellate division, the court may dismiss your appeal. 

18 

What happens after I file my brief? 
 
 

Within 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. 

f 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.” 

19 

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 unless 
your case presents no arguable issues for the court to  

   

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16 

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. 

 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 the appellate division has permitted you to 
represent yourself, you will have to prepare your brief 
yourself. You should read rules 8.880–8.891 of the 
California Rules of Court, which set out the 
requirements for preparing, serving, and filing briefs in 
misdemeanor appeals, including requirements for the 
format and length of those briefs. You can get copies of 
these rules at any courthouse or county law library or 
online at www.courts.ca.gov/rules.htm. 

What is a brief? 
 

17 

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ontents: 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 
reporter’s transcript (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. 

erving 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. “Serve and file” 
means that you must:  

•  Have somebody over 18 years old who is not a party 
to the case—so not you—mail or deliver (“serve”) 
the brief to the respondent (the prosecuting agency) 
and any other party in the way required by law.  

CR-131-INFO 

 
Information on Appeal Procedures for Misdemeanors 

 

   

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22 

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

 

 
If 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 (Misdemeanor) (form CR-137) 
to file this notice in a misdemeanor case. You can get 
form CR-137 at any courthouse or county law library or 
online at www.courts.ca.gov/forms.htm.  

f 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 on the appeal. If you were released 
from custody with or without bail or your sentence or 
any probation conditions were stayed during the appeal, 
you may be required to start serving your sentence or 
complying with your probation conditions immediately 
after your appeal is dismissed. 

 

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CR-131-INFO 

 
Information on Appeal Procedures for Misdemeanors 

consider. If your case presents no arguable issues, the 
court will not hold oral argument. 

20  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” (give up) oral argument by serving  
and filing a notice within 7 days after the notice of oral 
argument was sent by the court. You can use Notice of 
Waiver of Oral Argument (Misdemeanor) (form  
CR-138) to waive oral argument.  

f all parties waive oral argument, and the appellate 
division approves the waiver and takes the oral argument 
off calendar, 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 
do not, the appellate division will hold oral argument 
with any party or parties who choose to participate, 
including any party who asked to waive oral argument.  

f you choose to participate in oral argument, each party 
will have up to 10 minutes for argument, unless the court 
orders otherwise. If the appellate division has permitted 
you to represent yourself, 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 
or ask the judges if they have any questions you could 
answer. 

21 

What happens after oral argument? 

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

 

 

   

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Revised September 1, 2020 
CR-131-INFO, Page 9 of 9 

          Information on Appeal Procedures 

for Misdemeanors