What Are the Deadlines for Filing an Appeal?

California Court of Appeal (State)
The California Court of Appeal has very strict rules regarding how and when appeals may be filed, and does not have the authority to give parties extensions to file the appeal. This is not because the Court of Appeal is such a bear for details, but because the timeliness of filing a notice of appeal is jurisdictional– and must be raised by the Court of Appeal on its own if it is not raised by the opposing party.

Civil:
In state court, the notice must be filed either (a) 60 days after service of notice of entry by either the clerk or a party, or (b) 180 days after entry of judgment, whichever comes first. Cal. R. Ct. 2(a). This period is not extended for service of notice of entry by mail, overnight delivery or fax. Cal. Civ. Proc. Code sec. 1013(a),(c),(e).

The state deadline is extended by 30 days if any of the following post-trial motions are made and denied: for a new trial, for judgment notwithstanding the verdict (but only if accompanied by denial of a new trial motion), to vacate the judgment, or for reconsideration. However, the deadline cannot be so extended for more than 180 days after entry of the judgment. Cal. R. Ct. 3. The grant of any of those motions would effectively wipe out the judgment, and would itself be independently appealable. Cal. Civ. Proc. Code sec. 904.1(a)(2),(4). The denial of a motion for judgment notwithstanding the verdict is itself independently appealable. Cal. Civ. Proc. Code sec. 904.1(a)(4).

Criminal:
A notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule CRC 8.66, no court may extend the time to file a notice of appeal.

Juvenile:
Appeals on juvenile delinquency or dependency may be presented to the Juvenile Clerk's Office. The document will be received and forwarded to the Superior Court Appeals Division. To appeal from an order or judgment, you must file written notice of appeal within 60 days after rendition of the judgment or making of the order or, in matters heard by a referee, within 60 days after the order of the referee becomes final.

If you wish to preserve your right to appeal the court's decision of the order setting a hearing date pursuant to Welfare and Institutions Code §366.26 a petition for extraordinary writ must be filed.

The main difference between Juvenile appeals and Civil/Criminal appeals is that the court requires a form (JV-800) per CRC 8.480, or for writs, form (JV-820) per CRC 8.482 to be filed with the Juvenile Clerk’s office.



United States Court of Appeal (Federal)
Following a trial or plea, you may appeal your case to the United States Court of Appeals provided you file a Notice of Appeal within the time limits prescribed by statute and the Circuit rules. Also, be sure that as part of a plea agreement, you did not waive your right to appeal. This is why appellate counsel is critical to preserving and defending your rights in the Court of Appeal.

Criminal:
in a criminal case, a defendant shall file the notice of appeal in the district court within 10 days after the entry either of the judgment or order appealed from, or of a notice of appeal by the Government. A notice of appeal filed after the announcement of a decision, sentence, or order - but before entry of the judgment or order - is treated as filed on the date of and after the entry.

If a defendant makes a timely motion specified immediately below, in accordance with the Federal Rules of Criminal Procedure, an appeal from a judgment of conviction must be taken within 10 days after the entry of the order disposing of the last such motion outstanding, or within 10 days after the entry of the judgment of conviction, whichever is later. This provision applies to a timely motion:
(1) for judgment of acquittal;
(2) for arrest of judgment;
(3) for a new trial on any ground other than newly discovered
evidence; or
(4) for a new trial based on the ground of newly discovered
evidence if the motion is made before or within 10 days after
entry of the judgment.

A notice of appeal filed after the court announces a decision, sentence, or order but before it disposes of any of the above motions, is ineffective until the date of the entry of the order disposing of the last such motion outstanding, or until the date of the entry of the judgment of conviction, whichever is later.


Civil:
In federal court the notice must be filed "within 30 days after the judgment or order appealed from is entered." Fed. R. App. P. 4(a). Note that the rule says 30 days from entry, not from service of notice of entry. While, the clerk is supposed to serve notice of entry by mail, the clerk's failure to do so does not affect the time to appeal. Fed. R. Civ. P. 77(d) (but see below with respect to relief from an untimely notice of appeal).

Upon the making of any of the following motions the time for appeal runs from entry of the order disposing of the last such motion: for judgment under Rule 50(b, to amend or make factual findings under Rule 52(b), for attorney's fees under Rule 54 if the district court extends the time to appeal, to alter or amend the judgment under rule 59, for a new trial under Rule 59, or for relief from judgment under Rule 60. Fed. R. App. P. 4(a)(4).

If a notice of appeal has been filed between the entry of a judgment and the filing of one of those motions, it does not become "effective" until after the last motion has been determined.



Relief from an Untimely Notice of Appeal
In state appeals, the deadline for filing a notice of appeal is "mandatory" and the court of appeal is "without jurisdiction" to proceed if the notice of appeal is untimely. Hollister Convalescent Hosp., Inc. v. Rico, 15 Cal. 3d 660, 542 P.2d 1349, 125 Cal. Rptr. 757 (1975); see also Cal. R. Ct. 45(c),(e). However, in criminal cases where the defendant asked and the attorney promised the defendant a timely notice of appeal would be filed but failed to do so within the statutory time limits, a writ of habeas corpus will lie for ineffective assistance of counsel. If the writ is granted, the Court of Appeal will consider the appeal timely filed.

Under Federal Rule of Appellate Procedure 4(a)(5) the district court may extend the time for filing upon a showing of excusable neglect or good cause provided that an appropriate motion is filed not later than 30 days after the deadline.

If a party does not in fact receive notice of entry of the judgment within 30 days of the entry, the district court may reopen the time for filing a notice of appeal provided that an appropriate motion is filed within 7 days of receipt of the notice of entry or within 180 days of entry of judgment, whichever is earlier. Fed. R. App. P. 4(a)(6).