THE NOTICE OF APPEAL:
THE BASICS
WHO NEEDS TO FILE A NOTICE OF APPEAL?
A party wishing to challenge an appealable adverse ruling must file a notice of appeal. (Click here to learn about which types of rulings are appealable.)
WHAT IS A NOTICE OF APPEAL?
A notice of appeal is a short document filed in the trial court—it provides notice to the court and the parties that a particular ruling is being appealed. Though not mandatory, most litigants use the Notice of Appeal form prepared by the Judicial Council, which is available here.
WHERE IS THE NOTICE OF APPEAL FILED?
Contrary to popular belief, the notice of appeal is filed in the trial court, not the appellate court.
WHEN MUST THE NOTICE OF APPEAL BE FILED?
The timing of a notice of appeal is crucial—and inflexible. The Court of Appeal does not have jurisdiction to consider an untimely appeal. An untimely appeal will be dismissed even if the case has merit.
Though seemingly straightforward, calculating the deadline to file a notice of appeal can be quite challenging. The general deadlines—which, of course, are subject to exceptions and complicated caveats—are as follows:
60 days after service of a notice of entry of judgment or a file-endorsed copy of the judgment showing the date it was filed. The clerk of the trial court or the opposing part may serve the notice or the copy of the judgment.
180 days after entry of judgment/order—if notice was not served. (PROCEED WITH CAUTION—AND CONSIDER APPEALING WITHIN 60 DAYS)
There are, as indicated, exceptions to the foregoing deadlines, the most common of which come into play when one or more of the following motions are filed:
Motion for New Trial (CCP § 657)
Motion for Judgment Notwithstanding the Verdict (CCP § 659)
Motion for Reconsideration (CCP § 1008)
As for how and to what extent these motions extend the notice of appeal deadline, Rule 8.108 of the California Rules of Court provides the (excessively complicated) answer.
Make no mistake: these complicated rules are a trap for the unwary. See, for example, the case of Skromme v. Ocewn Loan Servicing, LLC, where an invalid motion for reconsideration did not extend the notice of appeal deadline, thus rendering the notice of appeal untimely.
HOW IS THE NOTICE OF APPEAL FILED?
Again, the notice of appeal is filed in the trial court, most of which require e-filing.
CLOSING THOUGHTS
When considering an appeal, it is best to act promptly. The notice of appeal is a simple but crucial (and potentially fatal) aspect of an appeal. A mistake with the notice of appeal can cut off your right to challenge even the most egregious ruling. Consider getting in touch with an experienced appellate attorney to navigate the deadlines and guide you through the process! Contact Decker Law to schedule a free consultation today.
Disclaimer: The information on this website is provided for informational purposes only; it should not be construed as legal advice for any particular person, case, or circumstance. Those seeking legal advice should consult an attorney. Nothing on this website is intended to create an attorney-client relationship. Such a relationship is formed only upon executing a written fee agreement with the firm.