TL;DR:
Yes, you can settle a civil case while an appeal is pending in California. Appeals review legal errors, not facts. It usually takes 9–18 months, during which parties can negotiate a settlement. California law permits settlements at any stage of litigation, including after judgment and while an appeal is underway. Settling during an appeal can save time, cut legal costs, and offer emotional and reputational closure. Once parties agree, they must promptly notify the court, dismiss the appeal, or request a delay while finalizing terms. Strategic timing and understanding procedural steps are key to a successful settlement.
You just lost a case you truly believed you’d win. You’re not ready to accept the result, but you’re also not eager to spend another year fighting. So, here’s the short answer: Yes, you can settle a civil case even after filing an appeal in California. It’s more common than most people think.
We’ll walk you through what that means, when settlement is possible. What hoops need jumping? And how to protect your position while still moving toward closure. This guide might offer the way forward if you’re staring down a long appeal.
How Appeals Work In California Civil Cases
Appeals aren’t “do-overs.” You can’t simply ask another court to take a second look and vote again. The appeals court checks whether the application of the law is correct the first time. It’s a legal review, not a fresh trial.
What Is An Appeal?
An appeal asks a higher court to examine the lower court’s decision for legal errors. It’s not a new trial. You don’t bring in new witnesses or evidence. Instead, you argue over what happened with the law.
For example, if the judge misread a contract or gave the wrong jury instruction, that’s appeal material. If new evidence pops up or you just didn’t like the outcome, that won’t cut it. Appeals focus only on the record from the original trial.
Timeline & Process
Appeals take time, often over a year. Here’s what usually happens:
- File a notice of appeal within a short window, usually 60 days.
- The trial court prepares records and transcripts.
- Both sides file legal briefs explaining their arguments.
- Sometimes there’s an oral argument.
- The appeals court issues a written decision.
During this time, enforcement of the judgment may continue unless a bond is posted to pause it. That makes timing critical. Knowing this flow helps you see when a settlement can take place. It sets the stage for what’s possible and when.
Next, let’s determine whether the system allows you to settle while this process unfolds.
The Possibility Of Settlement During An Appeal
Here’s the good news: Settlement doesn’t shut down just because you’re appealing. Many cases find resolution during this stage. Why? Both sides often reassess risks once the dust settles.
Is Settlement Allowed?
Absolutely. California law lets parties settle at any stage, including after trial, during appeal, or post-judgment. The court just needs to be notified promptly. The appeal process doesn’t block the parties from resolving things privately.
Courts encourage parties to settle. If you do, you’ll need to file a formal notice of settlement with the court. It allows the appellate court to pause its proceedings while you finalize the agreement.
Benefits Of Settling During Appeal
When both sides are exhausted but unsure about pressing forward, a settlement offers a way out with fewer unknowns. When done right, settlement can end the fight without sacrificing what matters most.
- Save Time & Money. Appeals are slow and expensive. Settling avoids future legal bills and lost time.
- Control The Outcome. A settlement means both sides agree on terms. You’re not stuck waiting on a judge to decide.
- Emotional Closure. Appeals can feel like emotional quicksand. Settlement is often the rope out.
- Avoid Further Damage. A prolonged appeal can strain reputations and business operations. Settlement helps keep things contained and confidential.
- Flexible Terms. Courts can only grant specific remedies. Settlements, however, allow creative solutions that meet both parties’ needs.
Both sides have seen each other’s cards when an appeal rolls around. That makes negotiating more focused. Plus, nobody wants to stay in legal limbo longer than necessary. When both sides agree, settling during an appeal can transform a lengthy dispute into a quicker, mutually acceptable resolution.
However, to pull that off, you need to understand how the process works, and that’s what we’re covering next.
Procedures For Settling During An Appeal
Settling during an appeal involves more than a handshake and a sigh of relief. There’s paperwork. There are timelines. And the court still plays a role, though smaller than before.
Notifying The Court
Once you’ve agreed to settle, you must inform the appellate court. It isn’t optional. You’ll need to file a Notice of Settlement right away. Then, within 45 days, you must either:
- File a request to dismiss the appeal.
- Ask for an extension if the settlement isn’t finalized yet.
Failing to follow through could lead to sanctions or court-imposed dismissal. Remember that until you dismiss the appeal, the court can still rule. So don’t wait too long after reaching terms.
Types Of Settlements
There are two primary flavors of settlement during appeal:
|
Type
|
Description
|
Impact On Appeal
|
|---|---|---|
|
Unconditional
|
All terms agreed upon.
|
Appeal is dismissed.
|
|
Conditional
|
Dependent on future events (e.g., payment, compliance).
|
Dismissal after condition met.
|
For conditional settlements, requesting more time from the court while parties fulfill the terms is common. That way, the appeal doesn’t move forward unnecessarily.
Some parties use this waiting period to draft mutual releases or finalize payment schedules. The court is usually flexible if both sides act in good faith.
Stipulated Reversals
There’s a third route, too: a stipulated reversal. That means both sides agree the trial court’s judgment should be reversed as part of the deal.
But here’s the catch: the appellate court doesn’t automatically rubber-stamp it. Parties must convince the judges that it serves justice, not just convenience. It’s rare, but it can happen.
These reversals may be helpful when parties want to avoid the legal consequences of a standing judgment. It can include impacts on future litigation or implications for the public record.
Even with a mutual agreement, procedure still counts. These formal steps protect both parties and ensure the case is truly closed. Missing even one deadline or filing the wrong form can delay or derail a settlement.
So getting it right matters. Next, let’s talk strategy, deciding whether to settle can be just as tricky as figuring out how.
Strategic Considerations For Settling On Appeal
An appeal is a second chance, but also a second gamble. That’s why settlement strategy matters. You’ve got leverage now, and how you use it could shift the outcome.
Leverage In Negotiations
Appeals flip the pressure. The winner at trial wants to preserve their judgment. The loser seeks to overturn it. That tension opens the door to meaningful deals.
- If You’re Appealing: Emphasize legal errors that make reversal likely. Use this to push for reduced damages or more favorable terms.
- If You Prevailed at Trial: Highlight the cost and risk of appeal to protect your win, while staying open to a practical settlement.
Many settlements are about risk tolerance more than right and wrong. Appeals amplify that.
Financial Implications
Appeals aren’t free. Here’s what you’re weighing:
- Ongoing Legal Fees. Appeals require detailed briefs, court transcripts, and possibly oral arguments.
- Supersedeas Bonds. If you’re appealing a money judgment, you may need a bond to pause enforcement. That ties up capital.
- Lost Opportunity. Months or years spent in litigation could delay new investments or personal healing.
Settlement may reduce uncertainty and release funds tied up in litigation.
Emotional & Practical Factors
The stress of ongoing litigation is real. You’re reliving old fights, sometimes with people you once trusted, or still need to deal with after court.
And let’s not forget the public side of this. Court decisions become part of the public record. Settlements? Often private. Confidentiality can protect reputations, business interests, or your peace of mind.
Why Strategy Beats Impulse
Rushing into or out of settlement talks can backfire. Strategic thinking means timing discussions right, knowing your legal position, and understanding the other side’s needs. Jumping in too fast can miss key details and weaken your leverage. Planning helps you stay one step ahead and secure a better outcome.
Next, we’ll show you how Los Angeles Civil Litigation Lawyers helps clients turn that strategy into a resolution.
Consider Settlement To Save Time, Money, & Stress
At Los Angeles Civil Litigation Lawyers, we understand that appealing a case can feel like pressing pause on your life. That’s why we offer practical guidance for clients considering settlement mid-appeal.
We start by reviewing your trial outcome and assessing your legal position. Then we walk you through settlement options that protect your time, finances, and peace of mind.
If there’s a chance to resolve the case early, we help you negotiate fair terms. If not, we keep your appeal moving without delay. From drafting filings to advising on next steps, we handle the legal heavy lifting so you don’t have to.
What makes us different is how we communicate. We explain things clearly, with no legal jargon. You’ll know what’s happening and what to expect, every step of the way.
We offer a complimentary consultation to help you understand whether settlement is the right path for you. Let’s talk. You’ve already been through one trial, you shouldn’t have to fight alone the second time.
Smart Settlement Strategies For California Appeals
Settling a civil case during appeal in California is not only allowed, it’s often a smart move. It gives you a say in the outcome, saves resources, and lets you move forward. But timing, paperwork, and legal positioning all matter.
That’s why it helps to have a team like Los Angeles Civil Litigation Lawyers by your side. We work with you, not just for you, to reach a resolution that fits your goals. You don’t have to choose between fighting and folding. There’s a middle path, and we’re here to walk it with you.
Daniel R. Weiner is a licensed attorney and founder of Los Angeles Civil Litigation Lawyers. He advises clients across California on civil litigation, probate, estate planning, and trust administration, including estate tax minimization and special needs planning. A former attorney at global firms Orrick and Freshfields, he also contributes to cryptocurrency law. Mr. Weiner holds degrees from the University of Birmingham and Duke Law, and remains active in the legal community through bar admissions and alumni service.
