New record designation after motion to use settled statement denied: 10 days
10 days after date the superior court clerk sent, or a party served, the order denying the motion to use a settled statement, under Cal. Rules of Court, rule 8.137(b)(2)(B).
Rule text
(B) If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.
Calculate this deadline
- Trigger (Date the superior court clerk SENT, or a party SERVED, the order denying the motion to use a settled statement): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Rules of Court, rule 8.137(b)(2)(B)
(B) If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.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
- Runs from the clerk sending or a party serving the order; no mail extension applied (earlier, safe date). AMBIGUITY: runs from the clerk's sending OR a party's service; if both occur, use the EARLIER as the conservative trigger. CCP 1013 extension applies by its terms only to party service by mail/electronic means; whether it applies to a clerk's mailing is unsettled, so the conservative approach is to calendar the unextended date. Rule 8.137 last amended eff. Apr. 1, 2023.
- 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 superior court clerk SENT, or a party SERVED, the order denying the motion to use a settled statement on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the superior court clerk SENT, or a party SERVED, the order denying the motion to use a settled statement): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Runs from the clerk sending or a party serving the order; no mail extension applied (earlier, safe date). AMBIGUITY: runs from the clerk's sending OR a party's service; if both occur, use the EARLIER as the conservative trigger. CCP 1013 extension applies by its terms only to party service by mail/electronic means; whether it applies to a clerk's mailing is unsettled, so the conservative approach is to calendar the unextended date. Rule 8.137 last amended eff. Apr. 1, 2023.
Related deadlines
- Joint or appellant's appendix: serve and file no later than the opening brief (0 days after)
- Respondent's appendix: serve and file with respondent's brief (0 days after)
- Appellant's reply appendix: serve and file with reply brief (0 days after)
- Party holding document or exhibit for appendix: deliver within 10 days after request notice served (10 days after)
- Return borrowed document or exhibit: 10 days after receipt (10 days after)
- Respondent's election to provide reporter's transcript instead of settled statement: 10 days (10 days after)
- Appellant's proposed settled statement: 30 days after filing 8.137(b)(1) notice (30 days after)
- Appellant's proposed settled statement: 30 days after order granting motion (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.