Step 2: File the notice of appeal

When to file a notice of appeal

You can file a notice of appeal after there is a final judgment or appealable order in your case. When this happens, there will be

• a document called a Notice of Entry, which signals a trial court judgment or appealable order in your case
  or
• a document with the judgment or appealable order that is (1) signed by the judge, and (2) stamped “filed” by the court clerk
  or
• in some situations, a clerk’s minute order may be considered an appealable order.

Make sure you don’t file a notice of appeal before there is a final judgment or appealable order in your case because your appeal may be dismissed for being filed too soon.

The deadline to file a notice of appeal

You must file a notice of appeal on time with the trial court or your appeal will be dismissed.

You must file and serve the notice of appeal by the earliest deadline that applies:

1. 60 calendar days after you are served notice of judgment by the trial court clerk or another party. This can be either a Notice of Entry or a copy of the judgment that’s signed by the judge and stamped “filed”
   or
2. 180 calendar days after the court’s decision is made if you aren't served notice of judgment by the trial court clerk or another party.

How to serve and file a notice of appeal

Here are the steps to serve and file a notice of appeal in an unlimited civil case.

1. Complete the notice of appeal form APP-002.
   You must complete a notice of appeal form APP-002. The form is also available at any courthouse. Information can be typed directly into the form on the computer. The form should be saved and printed so that it can be given to the trial court and the other parties in the case. Note: You can only file handwritten documents with the court if you do not have an attorney and you are not a licensed attorney.
2. Serve a copy of the notice of appeal form APP-002 to all other parties.
   You are required to tell the other parties in the case about the appeal. This is the purpose of service.
   Who to serve. Each party must be served with a copy of the notice of appeal.
   If the other party has a lawyer, then the notice of appeal is served to the lawyer. If the other party does not have a lawyer, then the notice of appeal is served to the other party.
   How to serve. There are three ways to serve notice: by mail, in person, or electronically. Anyone can be served by mail or in person, but the other party must agree to be served electronically.
   There are strict rules about who can serve notice. You may serve notice electronically if the other party agrees to receive notice electronically. If the notice of appeal is mailed or personally delivered, it must be done by a person who is over 18 and not a party to the case.
   Proof of service. You must give the court proof that the other parties were served with the notice of the appeal. You can use court form APP-009 (serve by mail or in person) or APP-009E (serve electronically) for proof of service. All sections of the form must be completed and signed by the person who serves notice. You must provide one proof of service for each notice of appeal you had served.
   To save time and money, you can have the notice of appeal form and the form for the next step in the process – notice designating the record – served at the same time, but this isn’t required. You can use either court form APP-009 or APP-009E to provide the court proof that you served both the notice of appeal and the notice designating the record, just list both notices on the form you use.
3. File the original notice of appeal form APP-002 and proof of service with the trial court.
   Generally, to begin an appeal, you must file the original notice of appeal form APP-002 and proof of service for all parties in the case. However, you should contact the trial court to ask about any specific rules they may have for filing your appeal, because every court is different. For example, some courts require electronic filing and others require filing on paper in person at the court. If filing on paper, be sure to keep an extra copy of the documents you file. Ask the court clerk to stamp “filed” on the extra copy of the notice of appeal to show that the original was filed.

Court fees to file notice of appeal

You must pay court fees to file a notice of appeal. While the trial court clerk will tell you how much you owe, you can expect a $775 filing fee to the Court of Appeal and a deposit to the trial court for the record of the case, which the trial court will send to the Court of Appeal.

Filing fees and deposits can be paid by check or money order. Some courts may accept cash or credit card payment. Contact the trial court to see what forms of payment they accept.

If you can’t afford these court fees, you may be able to apply for a fee waiver.

Extra time to file notice of appeal

You can’t ask for more time to file a notice of appeal. If it is filed late, the appeal will be dismissed.

However, the deadline to file a notice of appeal may be extended if one of the following motions is made on time:

• motion for a new trial
• motion to vacate (cancel) or set aside the judgment
• motion for judgment notwithstanding the verdict
• motion to reconsider an appealable order

The deadline to file a notice of appeal is extended so you can decide to appeal based on any changes to the court’s final decision these motions may make.

If one of these motions comes up in your case, review rule 8.108 of the California Rules of Court to figure out if the deadline for filing a notice of appeal has been extended.

The deadline can also be extended if a public entity – like the State of California or a police department – is the defendant in the case and asks the trial court to take certain other actions.