CA Appellate Specialist cheat sheet

California Court of Appeal review is triggered by timely filing of a notice of appeal; the normal deadline is 60 days after clerk mails the file-stamped judgment or a party serves a document entitled "Notice of Entry" (Cal. Rules of Court, rule 8.104).

A notice of appeal filed after the deadline is untimely and must be dismissed; the deadline is jurisdictional and cannot be extended by the court or stipulation, though relief may be sought under rule 8.60 for good cause.

The notice of appeal must identify the judgment or order appealed from and the date of entry; a premature notice filed after judgment but before entry is treated as filed immediately after entry (rule 8.104(d)).

A cross-appeal must be filed within the same deadline as the appeal, measured from the same triggering document; failure to cross-appeal forfeits the right to seek affirmative relief on review.

The record on appeal is designated by the appellant (rule 8.121); the clerk's transcript and reporter's transcript are prepared per the notice designating the record, and omissions may waive issues unsupported by the record.

The opening brief is due 40 days after the record is filed (rule 8.212(a)); respondent's brief 30 days after opening brief; reply brief 20 days after respondent's brief; extensions require court order or stipulation under rule 8.212(b).

The Court of Appeal may treat an appeal from a nonappealable order as a petition for writ of mandate if the circumstances warrant (rule 8.54; see also case law on the "tantamount to appeal" doctrine).

After decision, a party may seek rehearing within 15 days of the filing of the opinion (rule 8.268); review by the California Supreme Court is by petition filed within 10 days after the Court of Appeal decision becomes final (rule 8.500).

Questions of law are reviewed de novo; findings of fact are reviewed for substantial evidence; discretionary rulings are reviewed for abuse of discretion - the applicable standard governs the depth of review.

Substantial evidence review asks whether any reasonable trier of fact could find the fact based on the whole record; the reviewing court does not reweigh evidence or resolve credibility.

Pure questions of law arising from undisputed facts are reviewed de novo even where the trial court applied a deferential standard.

To preserve an issue for appeal, a party must have raised a timely objection or argument in the trial court; failure to do so generally forfeits the issue, subject to exceptions for pure questions of law and matters affecting fundamental rights.

A party must obtain a ruling on objections to evidence; an unrebutted objection or failure to secure a ruling may forfeit the evidentiary challenge on appeal.

The doctrine of invited error bars a party from complaining on appeal about an error it induced or invited in the trial court.

Adequacy of the record: an appellant challenging sufficiency of the evidence must present the entire relevant record; where the record is incomplete, the reviewing court presumes the missing portions support the judgment.

New theories not raised below are generally not considered on appeal; the reviewing court may decline to address arguments first presented on appeal absent exceptional circumstances.

The opening brief must contain a statement of the case, statement of appealability, statement of facts, and argument with citations to the record and authority (rule 8.204(a)).

Each point in the argument must be supported by citation to the record (volume and page) and to legal authority; unsupported contentions may be treated as waived (rule 8.204(a)(1)(C)).

The statement of facts must be supported by record citations and presented in the light most favorable to the judgment, not as an advocacy narrative unsupported by the record.

The table of contents and table of authorities are required for briefs exceeding specified length (rule 8.204(a)(1)); the certificate of interested entities or persons is filed with the first brief (rule 8.208).

Word and page limits: opening and respondent briefs are limited (e.g., 14,000 words or 50 pages under rule 8.204(c)); a certificate of compliance must state the word count.

Oral argument: each side typically receives 30 minutes unless the court orders otherwise (rule 8.256); the court may decide without argument, and the presiding justice controls argument time.

Persuasive brief writing leads with the standard of review, frames the issue as a question the court can answer, and connects each fact to record cites and each legal rule to controlling authority.

Answering questions at oral argument: concede weak points directly, redirect to the central issue, and avoid arguing facts not in the record; the court's questions signal the dispositive issues.

Appellate jurisdiction over a judgment requires a final judgment; interlocutory orders are generally not appealable absent statutory authorization (e.g., injunctions under Code Civ. Proc. § 904.1(a)(6)).

The notice of appeal deadline is jurisdictional; the Court of Appeal lacks power to extend it, but rule 8.60 permits relief from default for good cause shown.

Writ of mandate (Code Civ. Proc. § 1085) lies to compel performance of a legal duty; writ of prohibition (§ 1102) restrains a tribunal exceeding jurisdiction; administrative mandamus (§ 1094.5) reviews adjudicatory administrative decisions.

A petition for writ of mandate in the Court of Appeal is filed under rule 8.490; the petition must include a verified statement of facts, points and authorities, and a supporting record, and the court has discretion to issue an alternative writ or order to show cause.

Writ review is discretionary and typically requires showing absence of an adequate remedy at law and a beneficial interest; the court weighs whether the issue is of public importance or likely to recur.

A party may seek writ review of a nonappealable order; the Court of Appeal may treat the writ petition as a notice of appeal or vice versa where the interests of justice require (rule 8.54).

The California Supreme Court has original jurisdiction to issue writs (Cal. Const. art. VI, § 10); such petitions are filed under rule 8.490 and are rarely granted absent extraordinary circumstances.

A stay pending appeal may be sought from the trial court or the Court of Appeal; the appellant must generally post an undertaking or show entitlement under rule 8.112.