When a trial doesn’t go as planned, the California appeals process provides an opportunity to correct legal errors and seek a fair outcome. However, appeals are very different from trial proceedings — they are complex, technical, and require a strategic understanding of how appellate courts review decisions.

At Law Offices of David C. Beavans, APC, we represent individuals and businesses throughout San Diego County in civil appeals. Whether you’re considering filing an appeal or defending a favorable judgment, our team offers the experience and insight you need to protect your rights and pursue justice.

📞 Call 619-234-7848 to schedule a consultation with an appeals attorney in San Diego, California.

What Is an Appeal?

An appeal is not a retrial. Instead, it is a formal request for a higher court — the appellate court — to review a decision made by the trial court to determine whether legal errors occurred.

Appellate courts do not hear new evidence, call witnesses, or re-examine facts. Their role is to ensure the law was correctly applied and proper procedures were followed during the trial.

1. Determining If You Have Grounds for an Appeal

Not every unfavorable ruling qualifies for an appeal. To succeed, an appellant (the party appealing) must show that the trial court made a prejudicial legal error — meaning the mistake likely affected the outcome of the case.

Common grounds for appeal include:

• Incorrect application or interpretation of the law
• Improperly admitted or excluded evidence
• Errors in jury instructions
• Violations of procedural rules

Our attorneys carefully review the trial record to identify valid appellate issues and determine whether an appeal is likely to succeed.

2. Filing a Notice of Appeal

The appeals process formally begins with filing a Notice of Appeal — a simple but crucial document that must be submitted within a strict deadline (typically 60 days after the trial court enters judgment). Missing this deadline can permanently bar your right to appeal.

Timely filing is critical, which is why consulting with an appellate attorney early is so important.

3. Preparing the Record on Appeal

The “record” includes all documents, transcripts, and evidence presented in the trial court. This record is what the appellate court uses to evaluate the case.

Our team ensures the record is complete and properly formatted, since the appellate court’s review is strictly limited to what’s contained within it — no new evidence can be added at this stage.

4. Writing and Filing Appellate Briefs

The written briefs are the most important part of any appeal. Both parties submit detailed legal arguments explaining why the trial court’s decision should be upheld or reversed.

• The Appellant’s Opening Brief outlines the errors made at trial and argues for reversal.
• The Respondent’s Brief explains why the trial court’s ruling should stand.
• The Appellant’s Reply Brief responds to the other side’s arguments and clarifies key points.

Each brief must cite specific evidence from the record and reference established legal precedents. Crafting these documents requires precision, legal insight, and strong analytical writing.

5. Oral Argument Before the Appellate Court

After reviewing the briefs, the appellate panel may schedule an oral argument. This hearing allows attorneys to clarify complex issues and answer the judges’ questions.

Oral arguments are typically short — lasting around 15 to 30 minutes — and focus on specific legal points rather than facts. While it’s the final opportunity to persuade the judges, most appellate decisions are heavily influenced by the written briefs submitted beforehand.

6. The Appellate Decision

Once oral arguments conclude, the case is submitted for a decision. The appellate panel — usually consisting of three justices — issues a written opinion explaining the outcome.

Possible results include:

• Affirming the judgment (agreeing with the trial court)
• Reversing the judgment (overturning the trial court’s decision)
• Remanding the case (sending it back for further proceedings)

In San Diego, appellate decisions typically take 12 to 15 months from the time the appeal is filed.

7. After the Decision

If the appellate court reverses or remands the case, the trial court will carry out the instructions in the appellate ruling. If the decision is unfavorable, you may have the right to request a rehearing or petition the California Supreme Court for review.

Our team advises clients through every stage, including enforcement of appellate decisions or subsequent proceedings in the trial court.

Why Work With an Experienced San Diego Appeals Attorney

Appeals demand a different skill set than trial litigation. Success depends on legal precision, thorough review of the record, and persuasive written advocacy.

Attorney David C. Beavans brings years of experience in both trial and appellate law, ensuring each case is handled with meticulous attention and strategic foresight. Whether you’re appealing a civil judgment or defending one, our firm provides the dedicated representation you need for this complex process.

Contact The Law Offices of David C. Beavans, APC

If you’re considering an appeal in California, time is critical. Contact our office to discuss your case, explore your options, and begin the appellate process with confidence.