California Rules of Court 8.104: Notice of Appeal Deadlines

In a California civil case, the notice of appeal deadline is set by Rule 8.104 of the California Rules of Court: 60 days after you are served with a proper notice that the judgment has been entered, or 180 days after entry of the judgment if no one serves that notice, whichever comes first.¹ The deadline is jurisdictional. If the notice arrives a day late, the Court of Appeal must dismiss the appeal, regardless of the reason.

The Two Deadlines and Which One Controls

Rule 8.104 runs two clocks at once, and the earlier expiration wins.

The 60-day clock starts only when specific notice documents are served after entry of judgment. The 180-day clock runs from the date the judgment is entered with the court, no matter what else happens. If nobody serves the required notice, 180 days is all you get. If notice is served, the 60-day period will almost always end first and becomes the effective deadline.¹

Count actual days. 180 days is not the same as six months; depending on which months the period crosses, the two can differ by a day or two.

What Starts the 60-Day Clock

Two events can trigger the 60-day period, and the technical details of each matter.

Service by the Court Clerk

The clock starts when the superior court clerk serves you with a document titled “Notice of Entry” of the judgment, or with a file-endorsed copy of the judgment itself. The clerk’s service must also show the date it was served. If the document isn’t properly titled or the service date is missing, it may fail to trigger the 60-day period.¹

Service by Another Party

The 60-day period also starts when any party serves you with a document titled “Notice of Entry” of the judgment or a file-endorsed copy of the judgment, together with a proof of service. Prevailing parties often do this deliberately to shorten the losing side’s window from 180 days down to 60.¹

The title on the document matters. A paper that conveys the same information but is not titled “Notice of Entry” may not start the clock. Technical compliance is the whole point of the rule.

When a Judgment Is Considered “Entered”

Both clocks depend on the entry date, and Rule 8.104(c) defines it by situation:

For a standard judgment, the entry date 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.
For an appealable order recorded in the court’s minutes, the entry date is the date the order goes into the permanent minutes. If the minute order itself directs that a formal written order be prepared, the entry date shifts to the date the signed written order is filed.
For an appealable order not entered in the minutes, the entry date is the date the signed order is filed.
An electronically signed order has the same effect as one signed on paper.¹

A routine written order drafted by the prevailing party under local-rule practice does not count as a written order “directed” by the minute order. If the minute order doesn’t specifically require a written order, the entry date is the date of the minute order, not the date a written order is later filed.

The same deadlines apply when the appeal is from an appealable order rather than a final judgment. Rule 8.104 uses “judgment” throughout, but the term includes any appealable order for purposes of the rule.¹

Weekends and Holidays

If your last day to file falls on a Saturday, Sunday, or legal holiday, the deadline rolls forward to the next day that isn’t a holiday.² Code of Civil Procedure section 12a confirms the same rule for statutory deadlines and defines “holiday” to include Saturdays and every holiday listed in section 135.³ The extension is automatic. It is not a planning tool.

Filing Too Early Is Safe; Filing Too Late Is Not

You can file a notice of appeal before the judgment is formally entered. If you file after the court has rendered judgment but before entry, the notice is valid and treated as if filed immediately after entry. If you file after the court announces its intended ruling but before judgment is formally rendered, the Court of Appeal has discretion to treat the notice as timely, though it isn’t required to.¹

Late is different. The deadline is jurisdictional. A notice filed one day late must be dismissed. The court has no authority to weigh the equities, forgive a good-faith mistake, or extend time for a clerk’s error, a courier failure, or any other reason.¹

One narrow exception exists outside Rule 8.104 itself. Under Rule 8.66, the Chief Justice as Chair of the Judicial Council may toll or extend filing deadlines by up to 30 days during a public emergency such as an earthquake, fire, or public health crisis, and may renew the order for additional 30-day periods. This rule was used during the COVID-19 pandemic. Absent a declared emergency, no court has the power to extend the time to file a notice of appeal.⁴

Post-Judgment Motions That Extend the Deadline

Rule 8.108 lets certain post-judgment motions push the appeal deadline back for every party in the case. These extensions only lengthen the time; they never shorten it. Each motion type runs on its own schedule.⁵

New Trial or Judgment Notwithstanding the Verdict

If any party files a valid motion for a new trial or for judgment notwithstanding the verdict and the motion is denied, the appeal deadline for everyone extends to the earliest of:

30 days after the clerk or a party serves the order denying the motion or a notice of entry of that order
30 days after the motion is denied by operation of law
180 days after entry of the judgment

Both motions carry statutory deadlines for the trial court to rule. If the court doesn’t rule in time, the motion is denied by operation of law, and the 30-day appeal clock starts running from that date.⁵

Motion to Vacate the Judgment

A motion to vacate extends the appeal deadline to the earliest of:

30 days after the clerk or a party serves the order denying the motion or a notice of entry of that order
90 days after the first motion to vacate is filed
180 days after entry of the judgment⁵

Motion to Reconsider an Appealable Order

If the appeal is from an appealable order rather than a judgment, a motion to reconsider that order under Code of Civil Procedure section 1008(a) extends the appeal deadline to the earliest of:

30 days after the clerk or a party serves the order denying the motion or a notice of entry of that order
90 days after the first motion to reconsider is filed
180 days after entry of the appealable order

This extension reaches only motions directed at appealable orders. A motion to reconsider a final judgment does not extend the time to appeal that judgment.⁵

Cross-Appeals Get Extra Time

When one party files a timely appeal, Rule 8.108(g) gives every other party at least 20 days after the clerk sends notification of that first appeal to file their own notice. This holds even if the cross-appealing party’s original Rule 8.104 deadline has already passed, so long as the first appeal was timely. The same 20-day window applies when someone timely appeals an order granting a new trial, an order granting a motion to vacate filed within 150 days of judgment entry, or a judgment notwithstanding the verdict.⁵

Where and How to File

File the notice of appeal with the superior court that decided the case, not with the Court of Appeal. For unlimited civil cases, use Judicial Council form APP-002. A proof of service showing that every other party received a copy must accompany the filing.⁶

The filing fee for an appeal to the Court of Appeal is $775 as of January 1, 2026, payable to the Court of Appeal. Fees for limited civil appeals and small claims appeals are lower and scale with the amount in controversy.⁷ Filing methods vary by county; some superior courts require electronic filing and others accept paper. Confirm the local requirements before your deadline, not on it.

1
Judicial Branch of California. California Rules of Court 8.104 – Time to Appeal
2
Judicial Branch of California. California Rules of Court 1.10 – Time for Actions
3
California Legislative Information. California Code CCP – Section 12a
4
Judicial Branch of California. California Rules of Court 8.66 – Tolling or Extending Time Because of Public Emergency
5
Judicial Branch of California. California Rules of Court 8.108 – Extending the Time to Appeal
6
California Courts Self Help. Step 2 – File the Notice of Appeal
7
Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026