appellant

The party who takes an appeal from one court or jurisdiction to another. Counterpart to respondent. A party’s status as appellant or respondent does not necessarily bear any relation to the party’s status as plaintiff or defendant in the trial court.

appellant’s opening brief

A document setting forth the legal arguments in support of the appellant.

appellant’s reply brief

A document setting forth the appellant’s reply to the respondent’s brief.

appellate case number

The case number assigned by the appellate court. Each appellate case number has seven characters—a letter indicating the appellate court followed by six digits. Example: A012345.

appellate court

A California state court that hears appeals stemming from lower court actions. The Courts of Appeal and the Supreme Court are appellate courts.

appellate district

One of the six appellate districts into which the 58 California counties are grouped as defined by statute. For example, the Court of Appeal for the Sixth Appellate District, located in San Jose, has appellate jurisdiction for the counties of Monterey, San Benito, Santa Clara, and Santa Cruz. The Courts of Appeal for the First, Second, and Fourth Appellate Districts are further divided into divisions.

appointed counsel

An attorney who is appointed by the appellate court to represent an indigent party in a criminal case.

brief

A document filed with the appellate court that sets forth the legal arguments in support of a party to the appeal.

calendar

The appellate court schedules oral arguments for its cases on a calendar. The calendar is also referred to as the court calendar or oral argument calendar.

case caption

The short title of a case. The case caption typically includes the last names of the parties. Examples: Smith v. Jones; The People v. Anderson.

cross-appellant

The party who initiates a cross-appeal against an opponent who has already initiated his or her own appeal.

cross-respondent

The party who responds to a cross-appeal.

disposition

A decision of the court adjudicating the entire appeal or a portion of it. The disposition is the court’s official ruling on the case.

district

See appellate district.

division

A subdivision of an appellate district. The First, Second, and Fourth Appellate Districts are divided into divisions. Each division consists of a presiding justice and two or more associate justices.

docket

The register of actions for an appellate case. The list of official recorded activities that have taken place and are scheduled to take place in the case.

motion

A document filed with the appellate court asking the court to make a decision on a procedural matter.

non-published opinion

An opinion of the Court of Appeal that does not meet the criteria for publication in the California Official Reports.

notice of appeal

A document filed with a trial court that initiates an appeal in the appellate court.

opinion

The court’s written decision. In the Courts of Appeal, the opinion is issued by a panel of three justices, one of whom is the opinion’s author.

oral argument

Argument made by counsel, in open court, at the court’s calendar session.

order

A document signed by a justice of the court that sets forth any preliminary decisions, instructions, or mandates to the parties, other entities, or the trial court.

petition for rehearing

A document filed by a party to the appeal after the court’s opinion has been rendered which asks the court to change or modify its opinion.

petition for review

A document filed with the California Supreme Court that asks the Supreme Court to change or modify a Court of Appeal decision.

petition for writ

A document filed with the appellate court that initiates an original writ proceeding.

petitioner

The party who initiates an original writ proceeding in the appellate court.

published opinion

An opinion of the Court of Appeal that meets certain criteria and is published in the California Official Reports.

real party in interest

The party responding to an original writ proceeding that has been filed by an opposing party.

record on appeal

The clerk’s and/or reporter’s transcripts that are filed as the appellate record with the Court of Appeal.

remittitur

A document issued at the end of an appeal that returns jurisdiction to the trial court.

respondent

The party against whom an appeal is taken. Counterpart to appellant. A party’s status as appellant or respondent does not necessarily bear any relation to the party’s status as plaintiff or defendant in the trial court.

respondent’s brief

A document setting forth the legal arguments in support of the respondent.

trial court

The superior court or municipal court where the original lawsuit was litigated. For example, San Francisco County Superior Court is a trial court.

trial court case number

The case number assigned by the trial court. The trial court case number may be numeric or alphanumeric.