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Overview of Appeals

The Appellate Division of the Stanislaus County Superior Court processes appeals filed by parties for review of any verdict or decision and any intermediate ruling, proceeding, order or decision which involves the merits or necessarily affects the judgment or order appealed.

The Appellate Division is the reviewing court for appeals involving misdemeanor criminal, traffic infractions, and limited civil actions, as well as, writs of mandate, certiorari, or prohibition, or other writs within the original jurisdiction of the appellate division. The superior court, not appellate division, has original jurisdiction in habeas corpus proceedings. A Small Claims appeal is heard as a Trial de Novo before one of three Civil judges.

The Fifth District Court of Appeals in Fresno is the reviewing court for appeals involving felony criminal cases, unlimited civil actions, family law, probate, juvenile, and other matters pursuant to CCP 904.1. The Supreme Court of California is the reviewing court for appeals of death penalty cases.

Note: A felony reduced to a misdemeanor is treated as a felony for appeals purposes.

Appellate rules are covered in Title 8 of the California Rules of Court. Refer to CRC 8.100-8.642, for upper jurisdiction appeals, CRC 8.800-8.966 for lower jurisdiction appeals.  Additional information on filing lower jurisdiction appeals is located under Rule 6 of the Local Rules of Court, available on this website.

The status of appeals under review with the Court of Appeals or the California Supreme Court is available at http://appellatecases.courtinfo.ca.gov.

Fees
Fees are required for appeals for Civil, Family Law, and Probate cases. Please see Fee Schedule.

You can also visit the Self-Help Center at the California Courts website at http://www.courtinfo.ca.gov/reference/guide.htm .

Forms
All appeals forms are judicial council forms and can be found at http://www.courtinfo.ca.gov


Mailing Address and Phone Number

Stanislaus County Superior Court
Attn: Appellate Division
PO Box 1098
Modesto, CA 95353

Fed-Ex, Airborne Express, UPS Deliveries:
800 11th St, Rm 100
Modesto, CA 95354

Telephone number is (209) 525-6417

Last Updated: 04/27/2009 03:14:43 PM

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