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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.
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