If you’ve ever sought the advice of an appellate attorney, or have any experience with appellate law, you probably already know that timely filing of the notice of appeal is critical. In a civil appeal, allowances for a tardy notice are limited to public emergencies, such as earthquake, fire, or the destruction of the courthouse. (Cal. Rules of Court (“CRC”) 8.66.) Otherwise, the appellate court must dismiss a late filed appeal. (CRC 8.104; see also CRC 8.60 [appellate court may not relieve a party from failure to file a timely notice of appeal].)
The deadline to file a notice of appeal is ordinarily governed by CRC 8.104 (re “normal deadline”). However, there are scenarios under which an extended deadline applies under CRC 8.108 (“extended deadline”). In particular, the denial of certain valid post-trial motions—motion for new trial, motion to vacate judgment, motion for judgment notwithstanding the verdict—will allow all parties extended time to file a notice of appeal of the underlying judgment.