Limited civil: notice of appeal 45 days after first motion to vacate filed
45 days after date the first notice of intention to move to vacate or motion to vacate was filed, under Cal. Rules of Court, rule 8.823(c)(2).
Rule text
(2) 45 days after the first notice of intention to move or motion is filed
Calculate this deadline
- Trigger (Date the first notice of intention to move to vacate or motion to vacate was filed): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Cal. Rules of Court, rule 8.823(c)(2)
(2) 45 days after the first notice of intention to move or motion is filedOfficial 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
- Rule 8.823(a): operates only to increase the time under 8.822(a); if 8.822(a) is longer, it governs. Effective deadline = LATER of the 8.822 deadline and the EARLIEST applicable 8.823 alternative. Rule 8.823 last amended eff. Jan. 1, 2016.
- 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 first notice of intention to move to vacate or motion to vacate was filed on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date the first notice of intention to move to vacate or motion to vacate was filed): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Notes
Rule 8.823(a): operates only to increase the time under 8.822(a); if 8.822(a) is longer, it governs. Effective deadline = LATER of the 8.822 deadline and the EARLIEST applicable 8.823 alternative. Rule 8.823 last amended eff. Jan. 1, 2016.
Related deadlines
- Limited civil: notice of appeal 30 days after clerk serves Notice of Entry (30 days after)
- Limited civil: notice of appeal 30 days after party service of Notice of Entry (30 days after)
- Limited civil: notice of appeal outside limit 90 days after entry (90 days after)
- Limited civil: notice of appeal 15 days after service of order denying new trial (15 days after)
- Limited civil: notice of appeal 15 days after new trial denied by operation of law (15 days after)
- Limited civil: notice of appeal after new trial motion, outside limit 90 days after entry (90 days after)
- Limited civil: notice of appeal 15 days after acceptance of additur/remittitur served (15 days after)
- Limited civil: notice of appeal from new trial order 30 days after rejection served (or time to accept expired) (30 days after)
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.