Figure out if you can appeal
To figure out if you can appeal, there are 3 questions to consider.
1. Are you a person who can appeal the decision?
Only a person or entity that was a party in the trial court case can appeal a decision made in that case. You may not appeal on behalf of a friend, a spouse, a child, or another relative unless you are a legally appointed representative for that person (such as a guardian or conservator).
2. Can the decision in your case be appealed?
You can appeal the trial court's final judgment in a case. The final judgment is the decision at the end that decides the whole case. The final judgment usually says what 1 or more parties must do (like pay money to the other party). This judgment may be a decision by the judge or by a jury. All final judgments are appealable.
You can also appeal most orders that the trial court makes after the final judgment. For example, a child custody order made after the divorce is final. In most cases, however, decisions made by the trial court before the final judgment cannot be appealed right away. These decisions can only be reviewed as part of an appeal of the final judgment.
There are some exceptions to this rule. In family law and probate cases, many of the orders made in a case can be appealed right away (even if they are made before the final judgment).
For the other types of orders that can be appealed right away (before final judgment), read Code of Civil Procedure sections 904.1 and 904.2.
3. Do you still have time to appeal?
In a limited civil case (civil cases involving an amount that is $25,000 or less), you must file your notice of appeal by the earliest of the following times:
- 30 days after either the trial court clerk or the other side serves you with (i) notice that the judgment or appealable order has been entered in your case, or (ii) a copy of the judgment or appealable order stamped "Filed"; or
- 90 days after the entry of the judgment or appealable order.
In unlimited civil cases (such as civil cases involving an amount over $25,000 or family law cases), you must file your notice of appeal by the earliest of the following times:
- 60 days after either the trial court clerk or the other side serves you with (i) notice that the judgment or appealable order has been entered in your case or (ii) a copy of the judgment or appealable stamped "Filed"; or
- 180 days after the entry of the judgment or appealable order.
Make sure you meet these deadlines. You cannot ask for more time to file your notice of appeal. If your notice of appeal is late, your appeal will be dismissed.
The time to file a notice of appeal is extended if there is a timely motion:
- For a new trial
- To vacate (cancel) or set aside the judgment
- For judgment notwithstanding the verdict
- To reconsider an appealable order
The deadline can also be extended if a public entity was the defendant in the trial court case and asks the trial court to take certain other actions.
Because these types of motions and actions may result in a change to the judgment or order you may want to appeal, the time to file the notice of appeal is extended until after the court decides these motions or other requests. That way, you can see if the judgment or order was changed before you decide whether to appeal.
If one of these motions or requests has been filed, carefully read rule 8.108 of the California Rules of Court (for unlimited civil case appeals, such as civil cases involving an amount over $25,000 or family law cases) or rule 8.823 of the California Rules of Court (for limited civil case appeals) to find out the deadline for filing a notice of appeal.
Civil appeals
If you decide you want to appeal, you will need to file a notice of appeal by a deadline.