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2014 California Rules of Court

Rule 8.822. Time to appeal

(a) Normal time

(1)Unless a statute or rule 8.823 provides otherwise, a notice of appeal must be filed on or before the earliest of:

(A)30 days after the trial court clerk serves the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date it was served;

(B)30 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 file-stamped copy of the judgment, accompanied by proof of service; or

(C)90 days after the 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 file-stamped copy of the judgment to start the time period under (1)(A) or (B).

(Subd (a) amended effective March 1, 2014; previously amended effective January 1, 2011, and July 1, 2012.)

(b) 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 date of entry 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 order that is not entered in the minutes is the date the signed order is filed.

(c) 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 appellate division may treat a notice of appeal filed after the trial court has announced its intended ruling, but before it has rendered judgment, as filed immediately after entry of judgment.

(d) Late notice of appeal

If a notice of appeal is filed late, the appellate division must dismiss the appeal.

Rule 8.822 amended effective March 1, 2014; adopted effective January 1, 2009; previously amended effective January 1, 2011, and July 1, 2012.

Advisory Committee Comment

Under rule 8.804(23), the term "judgment" includes any order that may be appealed.

Subdivision (d). See rule 8.817(b)(5) for provisions concerning the timeliness of documents mailed by inmates or patients from custodial institutions.

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