Notice of appeal after motion to vacate denied: 30 days after service of denial order
30 days after date the clerk or a party served the order denying the motion to vacate or a notice of entry of that order, under Cal. Rules of Court, rule 8.108(c)(1).
Rule text
(c) Motion to vacate judgment If, within the time prescribed by rule 8.104 to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment, the time to appeal from the judgment is extended for all parties until the earliest of: (1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order; (2) 90 days after the first notice of intention to move-or motion-is filed; or (3) 180 days after entry of judgment.
Calculate this deadline
- Trigger (Date the clerk or a party served the order denying the motion to vacate or a notice of entry of that order): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Cal. Rules of Court, rule 8.108(c)(1)
(c) Motion to vacate judgment If, within the time prescribed by rule 8.104 to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment, the time to appeal from the judgment is extended for all parties until the earliest of: (1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order; (2) 90 days after the first notice of intention to move-or motion-is filed; or (3) 180 days after entry of judgment.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
- Rule 8.108(a): "This rule operates only to extend the time to appeal otherwise prescribed in rule 8.104(a); it does not shorten the time to appeal. If the normal time to appeal stated in rule 8.104(a) is longer than the time provided in this rule, the time to appeal stated in rule 8.104(a) governs." So the effective deadline is the LATER of (i) the 8.104 deadline and (ii) the EARLIEST of the applicable 8.108 alternatives. Applies only if the motion was 'valid' (procedurally compliant and timely). No CCP 1013/1010.6 extension (notice of appeal). Rule 8.108 last amended eff. Jan. 1, 2016. Covers CCP 663/663a, 473(b) and nonstatutory motions to vacate (Advisory Committee Comment). Motion must be filed within the 8.104 time.
- 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 clerk or a party served the order denying the motion to vacate or a notice of entry of that order on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the clerk or a party served the order denying the motion to vacate or a notice of entry of that order): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Rule 8.108(a): "This rule operates only to extend the time to appeal otherwise prescribed in rule 8.104(a); it does not shorten the time to appeal. If the normal time to appeal stated in rule 8.104(a) is longer than the time provided in this rule, the time to appeal stated in rule 8.104(a) governs." So the effective deadline is the LATER of (i) the 8.104 deadline and (ii) the EARLIEST of the applicable 8.108 alternatives. Applies only if the motion was 'valid' (procedurally compliant and timely). No CCP 1013/1010.6 extension (notice of appeal). Rule 8.108 last amended eff. Jan. 1, 2016. Covers CCP 663/663a, 473(b) and nonstatutory motions to vacate (Advisory Committee Comment). Motion must be filed within the 8.104 time.
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.