Appellate Insights

✅ The Deadline to File a Notice of Appeal

An aggrieved party can file a notice of appeal as soon as the superior court judge signs the judgment or appealable order that the party wants to challenge, and the court clerk stamps it “Filed.”  When it is stamped “Filed,” the judgment has been “entered.”  This is also called the “entry of judgment.”

⌚️ The notice of appeal MUST be filed no later than the following deadlines ⌚️

• • • • For a limited civil case (involving an amount that is $25,000 or less), the notice appeal must be served and filed on or before the earliest of:

1. 1. 1. 1. 1. 30 days after either the trial court clerk or the other side mails notice that the judgment has been entered or a copy of the judgment is stamped “Filed”; or
            2. 90 days after the entry of the judgment.

• • • • For an unlimited civil case (involving an amount over $25,000 or a family law case), the notice appeal must be served and filed on or before the earliest of:

1. 1. 1. 1. 1. 60 days after either the trial court clerk or the other side serves notice that judgment has been entered or a copy of the judgment stamped “Filed”; or
            2. 180 days after the entry of the judgment.

🛑 IMPORTANT:  Filing a late notice of appeal results in the court dismissing the appeal. 🛑

➡️ There is a timely motion:

• • • • For a new trial,
      • To vacate (cancel) or set aside the judgment,
      • For judgment notwithstanding the verdict (JNOV), or
      • To reconsider an appealable order.

➡️ The deadline can also be extended if a public entity was the defendant at trial and it asks the trial court to take certain other actions.

➡️ If one of these motions or requests has been filed, the parties should carefully read California Rules of Court, rule 8.108 (for unlimited civil case appeals or family law cases), or California Rules of Court, rule 8.823 (for limited civil case appeals) to find out the deadline for filing a Notice of Appeal.