Refresher on Filing Notices of Appeal

                In a recent family law case, In re Marriage of Lin (2014) _ Cal.App.4^th _, the appellate court described the actual time limits for civil appeals.  According to California Rules of Court, rule 8.104(a), the time limit is 60 days from when the appealable order or judgment is served by a party or clerk’s notice of entry of judgment or through service by the clerk or party of a file-stamped copy of the order.  Even if a party waives notice of ruling in court, this waiver will not cut down the 60-day period.  If no such notice of entry of judgment has been given, then the outside limit is 180 days from entry of the judgment.  If the court record does not reflect the shortened time, the 180- day period will apply.             

 Since the notice of entry of judgment has the effect of cutting down an appellant’s time to appeal from 180 to 60 days, thus shaving off 120 days, I would expect a prevailing party, especially one represented by an attorney, would want to eliminate the uncertainty of facing a long appeal period by taking this quick, extra step. 

                If a party is served with a printed form or document entitled “Notice of Entry of Judgment,” then I know the 60-day rule applies.  But a file-stamped copy of the order or judgment, without something to announce it is a Notice of Entry of Judgment, also complies and is often overlooked.  As noted in Lin, the “triggering document” must show the date on which it was served.  (C.R.C., rule 8.104(a)(1).)

                If a party is not sure, take the shortest time period, usually the entry of the judgment or order, and calculate 60 days from that date.  That way you will never be late. Don’t wait until the last day.  I gave myself a couple of extra days because I worry about getting into a car accident and fighting with the ambulance to make a quick stop at the Court of Appeal before I go to the Emergency Room.  (I figure worrying about filing a notice of appeal while I undergo surgery will cut down my chances of survival.)