Appellate Insights

Apr 18, 2022 Gary J. Wax
How To File An Appeal In California

✅ The Notice of Appeal

 

The Notice of Appeal is the document that an aggrieved party files in the trial court to begin the entire appeals process.  Filing a notice of appeal notifies the court and the opposing side that an appealable order or final judgment is being challenged.

 

        Counsel can prepare the notice of appeal or fill out the court’s preprinted form.

 

      • The court’s approved form for unlimited civil cases (involving an amount over $25,000) is available HERE (the image above).

 

      • The court’s approved form for limited civil cases (involving an amount that is $25,000 or less) is available HERE.

✅ 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.”

 

**Note the short window of time permitted after entry of judgment to file a notice of appeal**

 

⌚️ 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. 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. 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. 🛑

 


✅ The Deadline to File a Notice of Appeal Is Extended ONLY If:

➡️ 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.

 

📌📌 ► Better yet, to help you determine whether your case is appealable and to help you file a timely notice of appeal, please call (310-859-7811), email (gwax@gmsr.com), or contact any other lawyer at GMSR for a free consultation with an experienced appellate attorney.