Glossary of
Appellate Terms
The
appeals process can be complex and
daunting. As your appellate attorney, it's our job to provide the
expertise and experience needed to help you navigate successfully
through the legal system. Below, we explain some of the key terms used
to describe the appellate process.
Appellant: The party seeking relief from the
Court of Appeal.
Appellant's Brief:
The document prepared by the Appellant that summarizes the facts of the
case and the reasons why the decision of the trial court is erroneous.
This brief is the single most important document in an appeal. The
outcome of the appeal depends on the arguments set forth in this
brief. 
Appellate
Record:
The written material that informs the Court of Appeal about the trial
court proceedings. It usually consists of a Reporter's Transcript, and
a Clerk's Transcript or Appendix.
Appellee:
The party defending the trial court's judgment or order in federal
Courts of Appeal.
Appendix: One or more bound volumes consisting of copies of all or most of the
documents filed with the trial court. It is an alternative to the
Clerk's Transcript and is a component of the Appellate Record.
Clerk's
Transcript:
One or more bound volumes consisting of copies of all or most of the
documents filed with the trial court. It is a component of the
Appellate Record.
Decision: The Court of Appeal's written decision, briefly explaining its reasons
for affirming or reversing the order or judgment. Some decisions are
published, which means that others can cite the case as binding legal
authority.
District
Court: The trial court in
the Federal court system.
Federal
Ninth Circuit Court of Appeals: The court that hears
appeals from Federal District Courts in California and other western
states.
Notice
of Appeal: The document
that begins the appeal process.
Opinion: See Decision.
Oral
Argument:
The hearing before the panel of appellate judges that will decide the
appeal. All parties have a right to oral argument in state appellate
cases. In the Federal appellate system, the Court holds oral argument
only if it is necessary to assist the Court in deciding the case. 
Petition
for Certiori:
A petition to the United States Supreme Court requesting that it accept
the case. Most Petitions are denied. The Supreme Court takes only cases
that have a broad impact on federal law or federal constitutional
rights. 
Petition
for Rehearing:
A request that the Court of Appeal reconsiders its Decision. Such
petitions are rarely granted. 
Petition
for Review:
A petition to the California Supreme Court requesting that it accept
the case. Most Petitions are denied. The Supreme Court takes only cases
that have a broad impact on California law or state constitutional
rights. 
Remittitur: The document issued by the Court of Appeal, after the Decision is
final, which returns the case to the Superior Court. 
Reply
Brief: The second and final brief filed by the Appellant,
responding to the arguments contained in the Respondent's Brief. 
Reporter's
Transcript: The verbatim record of the hearing or trial,
as transcribed by the court reporter. It is a component of the
Appellate Record. 
Respondent: The party defending the trial court's judgment or order in the Court of
Appeal.
Respondent's
Brief:
The document filed by the party defending the trial court's judgment or
order, setting forth the facts and legal arguments supporting the
validity of that order or judgment. 
Stay: The suspension of the trial court's judgment or order pending the
outcome of the appeal. Such stays are usually not automatic, and the
Appellant must take steps to protect themselves during the appeal
process. 
Superior
Court: The trial court in the state court system. Each
California County has its own Superior Court.
Writ
Petition: A special
request that the Court of Appeal grant immediate relief from a trial
court order. Writ Petitions are rarely granted. 
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