Information


* How Long Do I Have To File An Appeal?

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.

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.'"

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.


* What color should be used for the covers of my brief?

California Rules of Court, rule 44(c), sets forth the colors for various appellate briefs:
Appellant's opening brief (rule 16(a))........................green
Respondent's brief (rule 16(a)) .......................................yellow
Appellant's reply brief (rule 16(a)) .....................................tan
Amicus curiae brief .....................................................gray
Petition for rehearing ................................................orange
Answers to petition for rehearing .......................................blue
Petition for original writ or answer (opposition) to writ petition .......red
Petition for review (rule 28(b)) .......................................white
Answer to petition for review (rule 28(c)) ..............................blue
Reply to answer (rule 28(d)) ...........................................white
Petitioner's brief on the merits (rule 29.3(a)) ........................white
Answer brief on the merits (rule 29.3(a)) ...............................blue
Reply brief on the merits ..............................................white


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By providing this information, we do not establish a lawyer-client relationship as this may not be proper in the internet environment. We have attempted to employ our best efforts to present and maintain the information provided herein but do not warrant that the information is complete or accurate. We do not assume, and hereby disclaim, any liability to any person for any loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or any other cause. The information contained herein is not to be used as a basis for advice to clients or applied to any particular matters. Counsel should be consulted directly as to the current law applicable to particular situations. We therefore issue a general disclaimer but encourage you to seek direct legal advice.


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