Notice of appeal after denial of new trial motion (limited civil): 15 days after service of denial
15 days after date the clerk or a party served the order denying the new trial motion or notice of its entry (or date of denial by operation of law), under Cal. Rules of Court, rule 8.823(a), (b)(1).
Rule text
(1) If the motion is denied, the time to appeal from the judgment is extended for all parties until the earliest of: (A) 15 days after the trial court clerk or a party serves an order denying the motion or a notice of entry of that order; (B) 15 days after denial of the motion by operation of law; or (C) 90 days after entry of judgment
Calculate this deadline
- Trigger (Date the clerk or a party served the order denying the new trial motion or notice of its entry (or date of denial by operation of law)): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Rules of Court, rule 8.823(a), (b)(1)
(1) If the motion is denied, the time to appeal from the judgment is extended for all parties until the earliest of: (A) 15 days after the trial court clerk or a party serves an order denying the motion or a notice of entry of that order; (B) 15 days after denial of the motion by operation of law; or (C) 90 days after entry of judgmentOfficial source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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." 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."Official source
- 8.823 only extends, never shortens, the 8.822(a) time (8.823(a)): the deadline is the LATER of the normal 8.822 deadline and the earliest of the 8.823(b)(1) alternatives (15 days after service or denial by operation of law, or 90 days after entry). Similar extensions: motion to vacate (8.823(c): earliest of 15 days after service of denial, 45 days after first notice of intention or motion filed, 90 days after entry); JNOV (8.823(d)); reconsideration (8.823(e)); cross-appeal 10 days after clerk serves notification of first appeal (8.823(g)).
- 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 new trial motion or notice of its entry (or date of denial by operation of law) on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the clerk or a party served the order denying the new trial motion or notice of its entry (or date of denial by operation of law)): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
Notes
8.823 only extends, never shortens, the 8.822(a) time (8.823(a)): the deadline is the LATER of the normal 8.822 deadline and the earliest of the 8.823(b)(1) alternatives (15 days after service or denial by operation of law, or 90 days after entry). Similar extensions: motion to vacate (8.823(c): earliest of 15 days after service of denial, 45 days after first notice of intention or motion filed, 90 days after entry); JNOV (8.823(d)); reconsideration (8.823(e)); cross-appeal 10 days after clerk serves notification of first appeal (8.823(g)).
Related deadlines
- Notice of appeal, limited civil UD (30 days after service of notice of entry or filed-endorsed judgment) (30 days after)
- Notice of appeal, limited civil UD (90 days after entry of judgment, outer limit) (90 days after)
- Cross-appeal (limited civil): 10 days after clerk serves notification of first appeal (10 days after)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.