Appeals

An appeal is a request to a higher court to review a decision made by a lower court. It is important to understand that in all cases, except small claims matters, an appeal is not a new trial and the appellate court will not retry the case. The appellate court will not consider new evidence or reassess conflicting evidence. The appellate court will not hear from witnesses and only evidence presented at trial will be considered. The Appellate Division’s job is to review a record of what happened in the trial court and the decision of the trial court to see if there are certain legal errors made in the case.

In Kern County, the appellate court for a given type of matter is as follows: