Legal Question in Appeals and Writs in California
In most cases, the code states that when served with an order by the court, by mail, 5 extra days are added, to make it effective or time extra for one to file a responsive pleading. But what about in the Appeals court .,,, For example, if the Appeals court dismisses an Appeal, and they serve notice via standard mail, and that Notice states that Appellant has 30 days from the date of that order to file motion to vacate, reconsider appeal,,, does Appellant really have 30 days to respond or does Appellant have 35 days (5 days added extra, cause Appellant was served notice by standard mail) to respond?
2 Answers from Attorneys
I believe the notice will state that you have 30 days from the date of the notice. Therefore, the 5 day extension does not apply. I do not know if service on matters before the court of appeal ever is extended, but that would take some research. Be safe and assume there is no extension. That does not mean the court Court of Appeals will not accept a late filed motion, but I would not push it.
The five day extension does not apply to stuff on appeal. I have never liked the fact that this rule is not well known, as it seems a way that the appellate courts dispose of litigation without hearing them on the merits. It is kind of a cheap shot.
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