* How Long Do I Have To File An Appeal? |
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The question of the time period for filing a notice of appeal from a
judgment or appealable order rendered in the Superior Court seems simple,
but the answer under California law can be very complicated. On this
question, above all others, I strongly recommend you consult with an
appellate practitioner or another experienced litigation attorney. |
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California Rules of Court, rule 2, deals with the time for filing notice of
appeal. Subdivision (a) provides: "[Normal time] Except as otherwise
provided by Code of Civil Procedure section 870 or other statute or rule 3,
a notice of appeal from a judgment shall be filed on or before the earliest
of the following dates: (1) 60 days after the date of mailing by the clerk
of the court of a document entitled "notice of entry' of judgment; (2) 60
days after the date of service of a document entitled "notice of entry" of
judgment by any party upon the party filing the notice of appeal, or by the
party filing the notice of appeal; or (3) 180 days after the date of entry
of the judgment. For the purposes of this subdivision, a file-stamped copy
of the judgment may be used in place of the document entitled "notice of
entry.'" |
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Complications arise in determining, for example, what constitutes the
appealable order or judgment: is it a minute order reflecting the judge's
determination of the issues, or should the appeal be taken from a formal,
signed order? When is the order or judgment considered "entered?" What is
the consequence of filing a notice of appeal prior to entry of the
judgment, but after its rendition, or even one filing a notice before
rendition of the judgment? The time for filing a notice of appeal may be
extended by filing certain motions in the trial court, for example, a
motion for new trial. (See rule 3.) Does a motion to reconsider an
appealable order equate to a motion for new trial for purposes of extending
time? Answering such questions involves rendering legal advice and is
therefore beyond the scope of the basic information provided here. Again,
I recommend you seek the advice of a qualified attorney to assist you in
deciding when you must file a notice of appeal. If you miss the deadline,
the appellate court has no jurisdiction to hear your case. |
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* What color should be used for the covers of my brief? |
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California Rules of Court, rule 44(c), sets forth the colors for various
appellate briefs: |