CRC Rule 8.104 - Time for filing appeal

To Read More About Family Court and Divorce Appeals, Visit Us Here!


California Rules of Court

Normal time for Appeal

CRC 8.104

a)

(1) Unless a statute, rule 8.108, or rule 8.702 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A) 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;

(B) 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

(C) 180 days after entry of judgment.

(2) Service under (1)(A) and (B) may be by any method permitted by the Code of Civil Procedure, including electronic service when permitted under Code of Civil Procedure section 1010.6 and rules 2.250-2.261.

(3) If the parties stipulated in the trial court under Code of Civil Procedure section 1019.5 to waive notice of the court order being appealed, the time to appeal under (1)(C) applies unless the court or a party serves notice of entry of judgment or a filed-endorsed copy of the judgment to start the time period under (1)(A) or (B).

(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007, January 1, 2010, July 1, 2012, and July 1, 2014.)

b) No extension of time; late notice of appeal

Except as provided in rule 8.66, no court may extend the time to file a notice of appeal. If a notice of appeal is filed late, the reviewing court must dismiss the appeal.

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2005.)

(c) What constitutes entry

For purposes of this rule:

  1. The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5, or the date it is entered in the judgment book.
  2. The entry date of an appealable order that is entered in the minutes is the date it is entered in the permanent minutes. But if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed; a written order prepared under rule 3.1312 or similar local rule is not such an order prepared by direction of a minute order.
  3. The entry date of an appealable order that is not entered in the minutes is the date the signed order is filed.
  4. The entry date of a decree of distribution in a probate proceeding is the date it is entered at length in the judgment book or other permanent court record.

(Subd (c) relettered effective January 1, 2011; adopted as subd (c); relettered as subd (d) effective January 1, 2005; previously amended effective January 1, 2007.)

(d) Premature notice of appeal

(1) A notice of appeal filed after judgment is rendered but before it is entered is valid and is treated as filed immediately after entry of judgment.

(2) The reviewing court may treat a notice of appeal filed after the superior court has announced its intended ruling, but before it has rendered judgment, as filed immediately after entry of judgment.

(Subd (d) relettered effective January 1, 2011; adopted as subd (d); previously relettered as subd (e) effective January 1, 2005.)

(e) Appealable order

As used in (a) and (d), "judgment" includes an appealable order if the appeal is from an appealable order.


Testimonials & Endorsements

  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.
  • “Thurman is that rare attorney who promotes cooperative, non-adversarial divorce. Where many attorneys exacerbate conflict because it inevitably results in legal fees, Thurman promotes resolution and ...”

    - Stephen J.
  • “Just wanted to thank you for your website. It's encouraging to find attorneys who seem to care. I am working at organizing a conference in Las Vegas to train attorneys to 'do it right for the ...”

    - Danielle D.
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Yelp
  • Super Lawyers - Thurman
  • Avvo Rating - Superb Top Divorce Attorney
  • AV Preeminent - 2015
  • Super Lawyers - Michael
  • AAML
  • Coachella Valley's Top lawyers
  • Client Distinction - Thurman
  • California Certified (CBLS)