Legal Question in Appeals and Writs in California

In civil court, is there ever a situation when an appeal can be filed after the deadlines have been passed?


Asked on 1/28/12, 9:19 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No. The timelines to appeal are jurisdictional, and the appellate court itself does not have the authority to relieve a party of their mistake in filing an untimely appeal.

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Answered on 1/29/12, 9:36 am
Herb Fox Law Office of Herb Fox

Mr.Roach is correct,at least for the state court of appeal. How do you know that you deadline has lapsed? There are many exceptions to the general rule, and the time frame can run from 60 to 180 days in unlimited jurisdiction cases. If you are simply assuming that your deadline has passed, you might consider confirming that with an experienced appellate lawyer, just to make sure one way or the other.

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Answered on 2/01/12, 9:24 pm


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