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The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. [1] The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.
The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts. The policymaking body of the California courts is the Judicial Council and its staff. [2]
Today, the California Code of Civil Procedure is comprehensive only with regard to trial court procedure. As a result of a bill pushed through the legislature at the suggestion of Chief Justice Phil S. Gibson in 1941, appellate procedure in California is governed primarily by the California Rules of Court (specifically, Title 8, Appellate Rules).
Appellate review of the decisions of the Agricultural Labor Relations Board, [37] the Public Utilities Commission, [38] and the Workers Compensation Appeals Board of the Department of Industrial Relations [39] is available only by petition for writ of review (California's modern term for certiorari) to the relevant California Court of Appeal ...
The Court currently chooses to publish all opinions as a matter of public policy, as disclosed in rule 8.1105(a) of the California Rules of Court. [2] The original California Constitution of 1849 authorized the Court to publish all opinions that it "may deem expedient," and the current California Constitution of 1879 authorizes the Court to ...
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
However, the appellate divisions of the superior courts (which hear appeals from infractions, misdemeanors, and "limited civil" cases) occasionally certify opinions for publication, which appear in a "Supplement" to the California Appellate Reports. The California Court Case Management System (CCMS) is the court case management and electronic ...
An appellate court, commonly called a court of appeal(s), [1] appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court.