California Notice of Appeal
California measures this deadline from service of Notice of Entry rather than from the judgment itself, with separate clocks for limited civil and small claims appeals.
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Introduction
California requires a notice of appeal in an unlimited civil case within the earliest of three points: 60 days after the superior court clerk serves the appellant a document titled Notice of Entry of judgment or a filed-endorsed copy of the judgment, 60 days after the appellant serves or is served by a party with a Notice of Entry of judgment or a filed-endorsed copy along with proof of service, or 180 days after entry of judgment, an outside limit that applies even when notice is served (Cal. Rules of Court, rule 8.104(a)(1)). Rule 8.104(b) states that, apart from one narrow exception, no court may extend this time and that a late notice must be dismissed. Separately, rule 8.108 extends, but never shortens, the deadline after a timely motion for new trial, a motion to vacate the judgment, a motion for judgment notwithstanding the verdict, or a motion to reconsider an appealable order under Code of Civil Procedure section 1008(a), each under its own formula capped at 180 days after entry. A limited civil case, where the amount demanded is $35,000 or less, runs on a separate 30-day-or-90-day clock to the Appellate Division of the Superior Court under rule 8.822(a)(1), and a small claims appeal is a new hearing in superior court, where the plaintiff cannot appeal the judgment on the plaintiff's own claim but the defendant can, filed within 30 days after the clerk delivers or mails notice of entry (Code Civ. Proc. sections 116.710(a), 116.750(b)). Filing this notice does not by itself stop collection of the judgment: an appeal generally stays enforcement under Code of Civil Procedure section 916(a), but for a money judgment the appellant must post an undertaking under section 917.1 or enforcement is not stayed. The notice is filed with the superior court that entered the judgment, not the Court of Appeal, and California's Judicial Council publishes an optional-use form, APP-002 for unlimited civil cases and SC-140 for small claims; if you use one, the court's form and rule 8.100 control its content. This page builds a California notice of appeal, with attorney review available before you file it.
Key Things to Know
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In an unlimited civil case, the notice of appeal is due on the earliest of 60 days after the superior court clerk serves the appellant a Notice of Entry of judgment or a filed-endorsed copy of the judgment, 60 days after the appellant serves or is served by a party with a Notice of Entry or a filed-endorsed copy of the judgment with proof of service, or 180 days after entry of judgment, whichever comes first (Cal. Rules of Court, rule 8.104(a)(1)). Rule 8.104(b) states that, apart from one narrow exception, no court may extend this time and a late notice must be dismissed. Rule 8.108 extends, but never shortens, the deadline after a timely motion for new trial, a motion to vacate the judgment, a motion for judgment notwithstanding the verdict, or a motion to reconsider an appealable order under Code of Civil Procedure section 1008(a), each under its own formula capped at 180 days after entry. It also covers certain public-entity motions (rule 8.108(f)) and gives any other party until 20 days after the superior court clerk serves notification of the first appeal to file a cross-appeal (rule 8.108(g)).
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A limited civil case, where the amount demanded is $35,000 or less, does not use the 60/180-day clock. Rule 8.822(a)(1) gives 30 days after the clerk or a party serves a Notice of Entry or a filed-endorsed copy of the judgment, or 90 days after entry of judgment, whichever is earliest, and the appeal goes to the Appellate Division of the Superior Court, not the Court of Appeal.
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A small claims appeal is a new hearing (trial de novo) in the superior court, not a review of the record, and only the defendant may appeal a judgment on the plaintiff's claim (Code Civ. Proc. section 116.710(a)). The deadline is 30 days after the clerk delivers or mails notice of entry of the judgment (section 116.750(b)), and the superior court's decision after that hearing is final.
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The notice of appeal is filed with the clerk of the superior court that entered the judgment, not with the Court of Appeal, and it does not need to name the appellate court (Cal. Rules of Court, rule 8.100(a)(1)).
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California's Judicial Council publishes optional-use forms: APP-002, Notice of Appeal/Cross-Appeal (Unlimited Civil Case), and SC-140 for small claims appeals. Neither form is mandatory, but if you use one, the court's form and rule 8.100 control what it must contain.
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Filing the notice does not by itself stop collection of the judgment. An appeal generally stays enforcement under Code of Civil Procedure section 916(a), but for a money judgment, enforcement is not stayed unless the appellant posts an undertaking under section 917.1, generally double the judgment, or 1.5 times the judgment if given by an admitted surety insurer.
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Filing an unlimited civil appeal costs $775 payable to the Court of Appeal plus a $100 clerk's transcript deposit payable to the superior court; a limited civil appeal costs $225 or $370 depending on the amount demanded, and a small claims appeal costs $75 (confirm the current fee with the clerk). A fee waiver is available on Judicial Council form FW-001.
Key decisions before you file
Before you file a Notice of Appeal in California, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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California Requirements for Notice of Appeal
60-Day Deadline From Service of Notice of Entry
California Rules of Court rule 8.104(a)(1) requires a notice of appeal in an unlimited civil case within the earliest of 60 days after the clerk serves the appellant a Notice of Entry of judgment or a filed-endorsed copy, 60 days after the appellant serves or is served by a party with either document with proof of service, or 180 days after entry of judgment.
No Court May Extend the Filing Deadline
Rule 8.104(b) states that, apart from one narrow exception, no court may extend the time to file a notice of appeal and that a late notice of appeal must be dismissed by the reviewing court.
Rule 8.108 Extensions After Post-Trial Motions
Rule 8.108 extends, but never shortens, the rule 8.104 deadline after a timely motion for new trial, a motion to vacate the judgment, a motion for judgment notwithstanding the verdict, or a motion to reconsider under Code of Civil Procedure section 1008(a), each capped at 180 days after entry, and also covers certain public-entity motions and cross-appeals (rule 8.108(f)-(g)).
Limited Civil Appeals Use a 30/90-Day Clock
Under rule 8.822(a)(1), a limited civil case, where the amount demanded is $35,000 or less, is appealed to the Appellate Division of the Superior Court within 30 days after service of a Notice of Entry or filed-endorsed copy of the judgment, or 90 days after entry, whichever is earliest.
Small Claims Appeal Is a New Trial in Superior Court
Under Code of Civil Procedure section 116.710, the plaintiff cannot appeal the judgment on the plaintiff's own claim; the defendant may appeal it, the plaintiff may appeal a judgment on the defendant's claim, and the defendant's insurer may appeal in limited cases (section 116.710(c)). The appeal is a new hearing (trial de novo) before a different judicial officer, filed within 30 days after the clerk delivers or mails notice of entry (section 116.750(b)).
File With the Superior Court, Not the Court of Appeal
Rule 8.100(a)(1) requires the notice of appeal to be filed with the superior court that entered the judgment. The notice does not need to name the appellate court.
Optional Judicial Council Forms APP-002 and SC-140
The Judicial Council publishes form APP-002 for an unlimited civil appeal and form SC-140 for a small claims appeal, both approved for optional use. If used, the court's form controls its content.
Money-Judgment Stay Requires an Undertaking
Code of Civil Procedure section 916(a) generally stays enforcement of a judgment on appeal, but section 917.1 requires the appellant to post an undertaking, generally double the judgment, or 1.5 times the judgment if given by an admitted surety insurer, before enforcement of a money judgment is stayed.
Record Designation Due 10 Days After Filing
Rule 8.121(a)-(b) requires the appellant to serve and file a notice designating the record on appeal in the superior court within 10 days after filing the notice of appeal; it may be combined with the notice of appeal.