When 60 Days Is Too Late

By: Benjamin G. Shatz
– Daily Journal

"Most lawyers know that filing a timely notice of appeal is crucial because an untimely appeal is a dead appeal. And most lawyers have the notion in the back of their mind that they have 60 days to appeal from a California superior court judgment. The good lawyer knows that 'judgments' include 'appealable orders' and that the 60-day is triggered by service of a 'notice of entry.' The great lawyer knows that this 60-day can be triggered by notice by the court or any party (including the party who wishes to appeal), and that it can also be triggered by service of a file-stamped copy of the judgment or order showing the date of service. The smart lawyer further knows that absent any service, there is still always a backstop deadline of 180 days after entry of judgment. All of this comes from the 'Time the Appeal' rule, Rule of Court 8.104(a), addressing the 'normal time' to appeal. But the Exceptional Lawyer knows all this and more."

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