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§ 936.1.Notice of Appeal In Civil Commitment Or Other Proceeding Wherein Appellant Entitled to Appointment of Counsel On Appeal

Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Enacted 1978 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 936.1 requires that an appeal from a judgment or order in a civil commitment or other proceeding where an indigent appellant would be entitled to appointed counsel on appeal be initiated by filing a notice of appeal that conforms to the requirements of Penal Code § 1240.1.

Full Text of § 936.1

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An appeal from any judgment or order in any civil commitment or other proceeding wherein the appellant would be entitled to the appointment of counsel on appeal if indigent shall be initiated by the filing of a notice of appeal in conformity with the requirements of Section 1240.1 of the Penal Code.

Plain-English Summary

Civil commitment appeals sit at the edge of civil and criminal procedure, and this section reflects that. It applies to any civil commitment proceeding, or other civil proceeding, where an appellant who is indigent would be entitled to have counsel appointed for the appeal.

Rather than following the ordinary civil notice-of-appeal procedure described elsewhere in this title, an appeal in one of these proceedings has to be initiated by filing a notice of appeal that conforms to Penal Code § 1240.1 — the provision that governs appointment of appellate counsel in the criminal and quasi-criminal context. That cross-reference keeps the mechanics of starting the appeal aligned with the right to appointed counsel the appellant may have.

Frequently Asked Questions

What kind of proceedings does § 936.1 cover?

Civil commitment proceedings and other civil proceedings where an indigent appellant would be entitled to appointment of counsel on appeal.

How must the appeal be initiated in these cases?

By filing a notice of appeal that conforms to the requirements of Penal Code § 1240.1, rather than the ordinary civil notice-of-appeal procedure alone.

Why does this section point to a Penal Code provision instead of a Code of Civil Procedure rule?

Because Penal Code § 1240.1 governs appointment of appellate counsel, and these civil proceedings carry a right to appointed counsel comparable to the criminal context.

Amendment History

Added by Stats. 1978, Ch. 1385.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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