Civil appeal settled: file abandonment (record not filed) or request to dismiss (record filed) within 45 days after filing notice of settlement
45 days after date the appellant filed the notice of settlement in the court of appeal, under Cal. Rules of Court, rule 8.244(a)(1), (3), (4).
Rule text
(3) Within 45 days after filing a notice of settlement-unless the court has ordered a longer time period on a showing of good cause-the appellant who filed the notice of settlement must file either an abandonment under (b), if the record has not yet been filed in the Court of Appeal, or a request to dismiss under (c), if the record has already been filed in the Court of Appeal. (4) If the appellant does not file an abandonment, a request to dismiss, or a letter stating good cause why the appeal should not be dismissed within the time period specified under (3), the court may dismiss the appeal as to that appellant and order each side to bear its own costs on appeal.
Cal. Rules of Court, rule 8.244(a)(1), (3), (4), official source
Calculate this deadline
- Trigger (Date the appellant filed the notice of settlement in the Court of Appeal): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Cal. Rules of Court, rule 8.244(a)(1), (3), (4)
(3) Within 45 days after filing a notice of settlement-unless the court has ordered a longer time period on a showing of good cause-the appellant who filed the notice of settlement must file either an abandonment under (b), if the record has not yet been filed in the Court of Appeal, or a request to dismiss under (c), if the record has already been filed in the Court of Appeal. (4) If the appellant does not file an abandonment, a request to dismiss, or a letter stating good cause why the appeal should not be dismissed within the time period specified under (3), the court may dismiss the appeal as to that appellant and order each side to bear its own costs on appeal.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- The notice of settlement itself must be served and filed 'immediately' after settlement (8.244(a)(1)); no day count, not modeled. A letter stating good cause filed by this date also avoids dismissal under (a)(4). Does not apply to settlements requiring Court of Appeal findings under CCP 128(a)(8) (8.244(a)(5)). Abandonment is filed in the superior court (8.244(b)(1)); a request to dismiss in the Court of Appeal (8.244(c)(1)). Rule amended eff. Jan. 1, 2007.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the appellant filed the notice of settlement in the Court of Appeal on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date the appellant filed the notice of settlement in the Court of Appeal): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Notes
The notice of settlement itself must be served and filed 'immediately' after settlement (8.244(a)(1)); no day count, not modeled. A letter stating good cause filed by this date also avoids dismissal under (a)(4). Does not apply to settlements requiring Court of Appeal findings under CCP 128(a)(8) (8.244(a)(5)). Abandonment is filed in the superior court (8.244(b)(1)); a request to dismiss in the Court of Appeal (8.244(c)(1)). Rule amended eff. Jan. 1, 2007.
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.