Misdemeanor appeal: notice of election of record of oral proceedings (20 days after notice of appeal)

20 days after date the notice of appeal was filed (no application for appointed counsel), under Cal. Rules of Court, rule 8.864(b)(1).

Rule text

(b) Time for filing election The notice of election required under (a) must be filed no later than the following: (1) If no application for appointment of counsel is filed, 20 days after the notice of appeal is filed; or

Cal. Rules of Court, rule 8.864(b)(1), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Date the notice of appeal was filed (no application for appointed counsel)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
  3. That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Rules applied
Cal. Rules of Court, rule 8.864(b)(1)
(b) Time for filing election The notice of election required under (a) must be filed no later than the following: (1) If no application for appointment of counsel is filed, 20 days after the notice of appeal is filed; or
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
  • If no election is filed, rule 8.874 applies. CRC 1.10 computation.
  • 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 notice of appeal was filed (no application for appointed counsel) on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date the notice of appeal was filed (no application for appointed counsel)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).

Notes

If no election is filed, rule 8.874 applies. CRC 1.10 computation.

Related deadlines

All California appeals and writs deadlines

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.