Alameda County Superior Court
Traffic Court Self Help

Appeals – Forms and Information

1. What Is an Appeal and Who Can File One?

Following a traffic trial, you may appeal the Court's decision to the appellate department of the court. An appeal is NOT a new trial or a retrial. It is a review of the evidence (testimony and exhibits) presented at the original trial. There only ground for appeal is if errors of law were committed during or before the trial that harmed the appealing party.

2. Where Do I File an Appeal?
   

   An appeal must be filed in the clerk's office where the trial was held.

3. What Are the Time Limits for Filing an Appeal?
1. Filing Notice of Appeal:
   You must file an appeal within 30 days of entry of judgment or court order. This time limit is jurisdictional (it has to be met, or the court no longer has the authority to hear the appeal). If it is not met, you lose your right to appeal. An appeal does not stop the execution of the sentence given by the court unless the court enters an order to stay execution of the sentence pending appeal.

2. Filing of Proposed Statement on Appeal:
   A proposed statement on appeal must be filed within 15 days after filing the notice of appeal. This statement must contain the grounds on appeal. It may be filed at the same time as the "Notice Of Appeal." The Statement of Appeal must be served on the respondent.

3. Filing of Proposed Amendments to the Statement:
   The respondent has 10 days after service of the proposed statement on appeal to file and serve proposed changed (amendments) to the statement.

4. Settlement of the Statement:
   The court must set a time for settlement of the statement as soon as the business of the court permits. Following settlement of the statement, an "endorsed" statement on appeal will be prepared and the court will certify the record on appeal to the appellate department.

© 2004 Superior Court of California County of Alameda