Misdemeanor appeal: record election when counsel application filed (later of 10 days after appointment or denial, or 20 days after notice of appeal)
10 days after date the court appointed appellate counsel or denied the application, under Cal. Rules of Court, rule 8.864(b)(2).
Rule text
(2) If an application for appointment of counsel is filed before the period under (A) expires, either 10 days after the court appoints counsel to represent the defendant on appeal or denies the application for appointment of counsel or 20 days after the notice of appeal is filed, whichever is later.
Calculate this deadline
Deadline
Monday, November 16, 2026
- Trigger (Date the court appointed appellate counsel or denied the application): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Rules of Court, rule 8.864(b)(2)
(2) If an application for appointment of counsel is filed before the period under (A) expires, either 10 days after the court appoints counsel to represent the defendant on appeal or denies the application for appointment of counsel or 20 days after the notice of appeal is filed, whichever is later.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
- Whichever is LATER: compare with misd_record_of_oral_proceedings_election_20_days and use the later date.
- 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 court appointed appellate counsel or denied the application on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the court appointed appellate counsel or denied the application): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Whichever is LATER: compare with misd_record_of_oral_proceedings_election_20_days and use the later date.
Related deadlines
- Notice of appeal: 60 days after clerk serves Notice of Entry or file-endorsed judgment (60 days after)
- Notice of appeal: 60 days after a party serves Notice of Entry or file-endorsed judgment (60 days after)
- Notice of appeal: outside limit 180 days after entry of judgment (180 days after)
- Notice of appeal after new trial motion denied: 30 days after service of denial order (30 days after)
- Notice of appeal after new trial motion denied by operation of law: 30 days (30 days after)
- Notice of appeal after new trial motion: outside limit 180 days after entry (180 days after)
- Notice of appeal after acceptance of additur/remittitur: 30 days (30 days after)
- Notice of appeal from new trial order after rejection of additur/remittitur: 30 days after rejection served (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.