Legal Question in Business Law in California

Civil Trial, Appeal, Motions:

Is the Notice of Entry of Judgment typically the starting point for all post-trial timelines? The trial ended 3.5 weeks ago. I believe the judge asked both sides to stipulate that all post-trial motions would be filed within 30 days of trial. I intend to appeal on one cause of action and motion for new trial on the issue of damages. It appears motion for new trial must be filed within 15 days of Notice of Judgment and Notice of Appeal must be filed within 30 days of judgment. Although its been 3.5 weeks since the verdict which was entered in the Minute order, we do not yet have a Notice of Judgment. Further, I still need to get copies of the Reporters' Transcripts for Motion for new trial and to file an Appeal. Any feedback on any of this and is the Notice of Entry of Judgment typically the starting point for all post-trial timelines? Thank you, MJ


Asked on 9/23/14, 6:00 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It is easier if you think of appellate time first. If you are appealing from a judgment in an unlimited civil case, then you need to first familiarize yourself with "normal time. (See California Rules of Court, rule 8.104.) The starting point under normal time is a judgment. The deadline to file an appeal is 180 days from the judgment, unless the clerk or a party serves a document that is captioned or titled "notice of entry of judgment." If that happens, the party appealing only has 60 days from the date of service of the notice of entry of judgment. Note, there is no five (5) day extension if this is served by mail.

California Rules of Court rule 8.108 deals with extended time. It is a special rule that extends "normal" time when certain post-trial motions are filed. Motions for a new trial extend the time to appeal as noted in subpart (b) of rule 8.108.

Note that rule 8.108 uses the term "valid." An untimely notice of intent to move for a new trial is not a valid motion for a new trial.

Motions for a new trial are not like other motions. A motion for a new trial actually involves giving notice first, then the court sets the hearing time and briefing scheduling.

The time frame for filing a notice of intention to move for a new trial relies on a similar, albeit shortened time frame. A party has 180 days to file a notice of intent to move for a new trial, unless the clerk or a party serves a notice of entry of judgment. If that happens, the party only has 15 days to file the notice of intent. (See Code of Civil Procedure section 659.)

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Answered on 9/24/14, 8:39 am


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