Appeal Rights: Family Court Process

Preserving your Appeal Rights

If you do not have a Court Reporter at your hearing-your chances of REVERSAL are slim to known-Appeals Court has what is called a "Judgement Roll".


1   Court Reporter-Transcript
2   Minimum of 3 Objective Observers
3   Motion to Strike
4   Objections    (Make a script)
5   Ask the JUDGE for a Statement of desision BEFORE the hearing   concludes-(hearing are approximately 15 minutes)

It’s not error that will get you a reversal, it’s prejudicial error that will get you a reversal.

(you will see something like this when you go to the Law Library)

2. [16:265] Appealable Orders and Judgments:


An appeal may only be taken from an appealable judgment or order. In California, the right to appeal is wholly statutory—i.e., the court of appeal has no jurisdiction to entertain an appeal from a judgment, order or ruling not made appealable by the Legislature.



[Powers v. City of Richmond (1995) 10 C4th 85, 89–90, 115, 40 CR2d 839, 840, 857; see Enrique M. v. Angelina V. (2004) 121 CA4th 1371, 1377, 18 CR3d 306, 310;



Marriage of Hafferkamp (1998) 61 CA4th 789, 793–794, 71 CR2d 761, 763—no right of appeal from court’s tentative decision]

(Google Scholar - >http://scholar.google.com/ 
Check Legal documents -
ENTER >Marriage of Hafferkamp)



Conversely, if a judgment or order is appealable, aggrieved parties must file a timely appeal or forever lose the opportunity to obtain appellate review. Appellate courts have no jurisdiction to review appealable judgments or orders from which a timely appeal was not taken.

[CCP § 906; Kinoshita v. Horio (1986) 186 CA3d 959, 967, 231 CR 241, 246; see also ¶ 16:27]

( California Law >http://www.leginfo.ca.gov/calaw.html 
Check Code of Civil Procedure >906      SEARCH)

 

Go to the Law Library

 

http://www.saclaw.lib.ca.us/index.aspx 

Sacramento County Public Law Library
609 9th Street
Sacramento, CA 95814

Library Hours:
Monday-Thursday 8AM - 8PM
Friday 8AM - 5PM
Saturday 9AM - 4PM

Phone: 916-874-6012