self help for non-lawyers
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- SELF-HELP FOR NON-LAWYERS IN NON-CAPITAL FELONY CRIMINAL, JUVENILE DELINQUENCY, AND CIVIL COMMITMENT CASES
This ADI web page deals with appeals in California non-capital felony criminal, juvenile delinquency, and civil commitment cases.
- SELF-HELP FOR NON-LAWYERS IN DEPENDENCY AND FAMILY CODE SECTION 7800 APPEALS AND WRIT
This ADI web page deals with appeals and writs in California dependency cases and cases under California Family Code sections 7800 etc.
What these Appellate Defenders, Inc. (ADI), self-help web pages cover:
These web pages are designed to give basic information to persons involved in the types of appeals handled through the Appellate Defenders, Inc. (ADI), program. The ADI program covers appointed-counsel appeals from San Diego, Imperial, Riverside, San Bernardino, Inyo, and Orange Counties. They include non-capital felony criminal, juvenile delinquency, juvenile dependency, Family Code section 7800 etc., civil commitment, and other cases in which the Court of Appeal appoints counsel.
What these web pages do NOT cover:
The ADI web self-help pages do NOT apply to cases in federal court or another state. (Exception: there is brief discussion of appeal to the U.S. Supreme Court and federal habeas corpus.) They also do not cover:
- Criminal cases other than California state non-capital felony appeals: That means the ADI self-help pages do not cover death penalty, misdemeanor, or infraction (traffic violation) appeals.
- California civil cases where the Court of Appeal does not appoint attorneys: That means the ADI self-help pages do not cover ordinary civil and small claims appeals, among others.
- Writs, with brief exceptions: These ADI pages do not have self-help guidance on writs, for the most part. They do briefly talk about habeas corpus petitions and juvenile writs under Welfare and Institutions Code section 366.26 or 366.28.
Many of the cases not covered have different deadlines, procedures, and rules from those on the ADI self-help pages. Make sure the instructions you are following are the right ones for your kind of case. Ask the court clerk's office if you are unsure. See the section below on "Court Self-Help Guidance for Appeals Not Covered by the ADI Web Pages Above" for some links to information provided by the California courts.
How the Appellate Defenders, Inc. (ADI), program works:
ADI runs the system of court-appointed lawyers on appeal. After a notice of appeal is filed, the court informs ADI. ADI contacts you for any necessary information and, once you have provided the information, helps the Court of Appeal select your lawyer. In appeals from other California counties, another district appellate project will do that.
COURT SELF-HELP GUIDANCE FOR APPEALS NOT COVERED BY THE ADI WEB PAGES ABOVE
IMPORTANT: The California courts' self-help guides listed below should NOT be followed in felony criminal, juvenile delinquency, juvenile dependency, Family Code section 7800 etc., civil commitment, and other cases in which the Court of Appeal appoints counsel. As explained on the ADI self-help web pages, different rules, procedures, and deadlines often apply in those cases. Make sure the instructions you are following are the right ones for your kind of case. Ask the court clerk's office if you are unsure.
The California courts provide guidance for these appeals (external site links):
- Title 8 of the California Rules of Court deals with appeals.
- Judicial Council information and forms include:
- Misdemeanor appeal information and forms
- Infraction (traffic) appeal information
- Unlimited civil appeal information and forms (more than $25,000 at issue)
- Limited civil appeal information and forms ($25,000 or less at issue)
- Small claims appeal information
- Other appeal forms
- Online Self-Help Center of the California courts gives guidance for civil cases.
- Fourth Appellate District self-help resources web pages give guidance for unlimited civil appeals (where more than $25,000 is at issue) from San Diego, Imperial, San Bernardino, Riverside, Inyo, and Orange Counties.
- Clerks of the court can be very helpful. Court of Appeal and Supreme Court clerks can provide information about procedures in those courts. Superior court clerks can help you with notices of appeal and records, as well as procedures in the superior court appellate division, which decides appeals in limited civil cases (where $25,000 or less is at issue) and misdemeanors. They also can tell you about appeals in small claims and infraction (traffic) cases.