Although a Notice of Appeal is typically a simple one page document, the failure to file it on time will forever bar you from prosecuting an appeal from the adverse judgment or order. In California courts, the deadline is jurisdictional, which means there is absolutely no relief possible: if the Notice of Appeal is just one day late, you will have forfeited all of your rights to appeal. Complicating matters further is that a premature Notice of Appeal can deprive the trial court of jurisdiction to rule on certain post-trial motions that may affect your rights. Thus a Notice of Appeal should not be filed too early or too late.

In the 9th Circuit (Federal Court of Appeals) you can, under some circumstances, obtain leave to file the Notice of Appeal late, but it is very risky to rely on that special procedure.

Thus determining the deadline for filing your Notice of Appeal is the first – and most important – step in the appellate process. Unfortunately, determining that deadline is not always easy. There are two variables at play, each of which is fluid: When does the clock start to tick, and how many days do you have to file once it does?

In civil cases, the deadlines for filing your Notice of Appeal can range from 30 days to 180 days, depending on a variety of factors including which court you are appealing from; the language contained in the judgment or order that you wish to appeal; whether the court or a party served certain documents on the other parties; and whether certain post-judgment or post-order motions are properly filed (which can extend your time).

Notice of Appeal deadlines are a trap for the unwary and the inexperienced. If you or your attorney has the slightest doubt as to when you should – or must – file your Notice of Appeal, please consult an appellate law specialist.