Defendant-appellant found not indigent: deposit or new election within 10 days after clerk sends notice of determination

10 days after date the clerk sent notice that the appellant is not indigent, under Cal. Rules of Court, rule 8.919(a)(2)(D); rule 8.917(e)(2)(C).

Rule text

(D) If the trial court determines that the appellant is not indigent, within 10 days after the date the clerk sends notice of this determination to the appellant, the appellant must do one of the following: (i) Deposit with the clerk an amount equal to the estimated cost of preparing the transcript; (ii) File with the clerk a waiver of the deposit signed by the reporter; (iii) File a certified transcript of all of the proceedings required to be included in the reporter's transcript under rule 8.918. ... (iv) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. ... (v) Notify the clerk by filing a new election that he or she now elects to proceed without a record of the oral proceedings in the trial court; or (vi) Notify the clerk that he or she is abandoning the appeal by filing an abandonment in the reviewing court under rule 8.904.

Cal. Rules of Court, rule 8.919(a)(2)(D); rule 8.917(e)(2)(C), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the clerk sent notice that the appellant is not indigent): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Rules of Court, rule 8.919(a)(2)(D); rule 8.917(e)(2)(C)
(D) If the trial court determines that the appellant is not indigent, within 10 days after the date the clerk sends notice of this determination to the appellant, the appellant must do one of the following: (i) Deposit with the clerk an amount equal to the estimated cost of preparing the transcript; (ii) File with the clerk a waiver of the deposit signed by the reporter; (iii) File a certified transcript of all of the proceedings required to be included in the reporter's transcript under rule 8.918. ... (iv) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. ... (v) Notify the clerk by filing a new election that he or she now elects to proceed without a record of the oral proceedings in the trial court; or (vi) Notify the clerk that he or she is abandoning the appeal by filing an abandonment in the reviewing court under rule 8.904.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "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." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." 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." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."
Official source
  • Rule 8.917(e)(2)(C) has the parallel 10-day period for electronic recordings. Periods in the infraction appeal rules run from filing or from the date a clerk 'sends' a notice; CCP 1013 extensions are not applied (extensions 'none'). AMBIGUITY: no rule in this chapter addresses mail extensions for clerk notices; calendar the unextended date. Computation under Cal. Rules of Court, rule 1.10.
  • 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 sent notice that the appellant is not indigent on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date the clerk sent notice that the appellant is not indigent): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

Rule 8.917(e)(2)(C) has the parallel 10-day period for electronic recordings. Periods in the infraction appeal rules run from filing or from the date a clerk 'sends' a notice; CCP 1013 extensions are not applied (extensions 'none'). AMBIGUITY: no rule in this chapter addresses mail extensions for clerk notices; calendar the unextended date. Computation under Cal. Rules of Court, rule 1.10.

Related deadlines

All California special proceedings deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.