Kowal Law Group Logo
The California Appellate Law Podcast

The absolute-no-matter-what jurisdictional deadline to appeal… and its five exceptions

Tim Kowal     April 13, 2023

Everyone knows two things about the deadline to appeal:

  1. The deadline is 60 days.
  2. You can get an extension if certain posttrial motions are filed.

But the 60-day rule is only partly correct. The posttrial timing can be slippery. And there are more complexities besides.

In this 5-minute clip, Jeff Lewis and I discuss how to calculate the deadline to appeal. We also discuss that while the deadline to file an appeal is jurisdictional, and thus not subject to any equitable or discretionary exceptions, there are in fact at least five official exceptions to the jurisdictional deadline to appeal. (As well as unofficial exception that the court may simply ignore the fact that an appeal is untimely.)

The five official exceptions are:

  1. Public emergency. (Rules 8.66, 8.104(b).)
  2. Clerk wrongly rejects a timely notice of appeal. (Rules 8.25(b)(1), 8.100(b)(3).)
  3. Prison-guard rule. (Rule 8.25(b)(5).)
  4. Ineffective assistance of counsel in filing an untimely appeal (in criminal and juvenile dependency appeals). (In re A.R. (2021) 11 Cal.5th 234, 243, 276.)
  5. Failure in the e-filing system. (Rule 8.77(d). Garg v. Garg (2022) 82 Cal.App.5th 1036, 1051.)

Watch the clip here.

This is a clip from episode 78 of the California Appellate Law Podcast. Listen to the full episode here.

Tim Kowal is an appellate specialist certified by the California State Bar Board of Legal Specialization. Tim helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at CALpodcast.com, and publishes summaries of cases and appellate tips for trial attorneys. Contact Tim at [email protected] or (949) 676-9989.
Get “Not To Be Published,” a weekly digest of these articles, delivered directly to your inbox!
Subscribe

"Upon putting laws into writing, they became even harder to change than before, and a hundred legal fictions rose to reconcile them with reality."

— Will Durant

"Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws."

— Plato (427-347 B.C.)

"So far as the beginnings of law had theories, the first theory of liability was in terms of a duty to buy off the vengeance of him to whom an injury had been done whether by oneself or by something in one's power. The idea is put strikingly in the Anglo-Saxon legal proverb, 'Buy spear from side or bear it,' that is, buy off the feud or fight it out."

— Roscoe Pound, An Introduction to the Philosophy of Law

"At common law, barratry was 'the offense of frequently exciting and stirring up suits and quarrels' (4 Blackstone, Commentaries 134) and was punished as a misdemeanor."

Rubin v. Green (1993) 4 Cal.4th 1187

"Counsel on the firing line in an actual trial must be prepared for surprises, including requests for amendments of pleading. They cannot ask that a judgment afterwards obtained be set aside merely because their equilibrium was slightly disturbed by an unexpected motion."

Posz v. Burchell (1962) 209 Cal.App.2d 324, 334

“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

— James Madison, Federalist 62

"God made the angels to show Him splendor, … Man He made to serve Him wittily, in the tangle of his mind."

— Sir Thomas More in Robert Bolt's A Man for All Seasons

Show neither partiality to the weak nor deference to the mighty, but judge your fellow men justly.

Leviticus

"A judge is a law student who grades his own papers."

— H.L. Mencken

"It may be that the court is thought to be excessively legalistic. I should be sorry to think that it is anything else."

— Hon. Sir Owen Dixon, Chief Justice of Australia

"Moot points have to be settled somehow, once they get thrust upon us. If an assertion cannot be proved, then it must be settled some other way, and nearly all of these ways are unfair to somebody."

—T.H. White, The Once and Future King

Copyright © 2024 Kowal Law Group
menuchevron-down
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram