How does the appeals process work in civil litigation?

The appeals process in civil litigation in California works as follows. First, after the court renders a decision in a case, either party may appeal the decision to a higher court—a Court of Appeal—within 30 days of the judgment. The party wishing to appeal must file a Notice of Appeal with the court that issued the decision as well as submit written briefs to the Appellate Court that explain the errors in the lower court’s decision. The Appellate Court reviews the briefs and may also hear oral argument from both parties. After hearing both sides, the Appellate Court will issue a decision either affirming or reversing the lower court’s decision. If the Appellate Court upholds the lower court’s decision, the losing party may appeal to the California Supreme Court. However, the California Supreme Court is not required to hear every appeal and will only do so if certain criteria are met. In some cases, parties may also appeal to the United States Supreme Court, but the U.S. Supreme Court also has its own criteria for agreeing to hear a case. If the Appellate Court reverses the lower court’s decision, that decision may be appealed back to the lower court for further proceedings or, in rare cases, the Appellate Court may issue a final decision itself. Ultimately, unless the decision of the Appellate Court is appealed to a higher court or it issues a final decision itself, the lower court must still issue a final judgment in the case.

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