Irvine, CA asked in Appeals / Appellate Law for California

Q: I won a large civil money judgment and they are appealing. what do i need to do after they designate record on appeal?

Basically, do i need my original attorney or can this be done without such high costs. thank you

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1 Lawyer Answer
Timothy James Walton
Timothy James Walton
  • Aptos, CA
  • Licensed in California

A: This is not legal advice. You need an attorney to give you legal advice like what you should do.

In general, a judgment creditor will want to try to enforce the judgment while simultaneously defending it on appeal. So setting collection, you are asking how to defend it.

The California Rules of Court set forth specific procedures that have to be followed, including working with opposing counsel on the creation of a joint appendix or choosing which portions of the clerk's transcript you want in the record (rather than just accepting the stuff *they* want in).

Then there is the writing of the brief...

You really need an attorney unless you have specific experience with appeals, even if you are a lawyer yourself. And especially if there is any danger of a huge win being turned into a devastating loss.

However, you may find that hiring an appellate attorney could be cheaper than having your trial counsel learn the appellate rules. (Although, to be fair, your trial attorney is more familiar with the facts and legal issues than anybody else.)

You might consider calling around to attorneys who do appellate work and ask what the rates are...

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