When to File a Notice of Appeal:

Breaking Down California Rules of Court, Rule 8.104

This article discusses one of the first—and most important—questions to ask when considering an appeal:

What is the deadline to file a Notice of Appeal?

California Rules of Court, Rule 8.104 states that a Notice of Appeal must be filed “on or before the earliest of” the following:

  •   “60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served”;

  • “60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service”; or

  • “180 days after entry of judgment”

The 60-day deadline described in the first two bullet points applies when a party or the court clerk provides notice. But the type of notice must be specific—there are different ways to provide notice that will trigger the 60-day deadline:

  1. The clerk or party serves a document titled “Notice of Entry.”
    — Note that the document must literally be titled “Notice of Entry”; if not, the 60-day period will not be triggered. (Sunset Millennium Associates, LLC v. Le Songe, LLC (2006) 138 Cal.App.4th 256.)

  2. The clerk or party serves a file-stamped copy of the order/judgment in question.

When both the clerk and party fail to provide notice, the 60-day period is replaced by a 180-day period. (Gassner v. Stasa (2018) 30 Cal.App.5th 346.)

Extreme caution should be used when relying on a 180-day deadline. It can often be difficult to determine whether notice has been provided (court dockets are not infallible), so the safest option is to assume that the 60-day deadline applies. The last thing you want to do is miss your deadline based on the mistaken belief that you have more time. An untimely notice of appeal is fatal—the courts lack jurisdiction to consider an untimely appeal.

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.