Motion for attorney fees on appeal (unlimited civil): 40 days after issuance of remittitur

40 days after date the court of appeal remittitur issued, under Cal. Rules of Court, rules 3.1702(c)(1), 8.278(c)(1).

Rule text

CRC 3.1702(c): "(1) Time for motion A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case." CRC 8.278(c): "(1) Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700."

Cal. Rules of Court, rules 3.1702(c)(1), 8.278(c)(1), official source

Calculate this deadline

Deadline
Wednesday, December 16, 2026
  1. Trigger (Date the Court of Appeal remittitur issued): Friday, November 6, 2026.
  2. Exclude the trigger day and count 40 calendar days: Wednesday, December 16, 2026.
Rules applied
Cal. Rules of Court, rules 3.1702(c)(1), 8.278(c)(1)
CRC 3.1702(c): "(1) Time for motion A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case." CRC 8.278(c): "(1) Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700."
Official 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
  • Filed in the superior court. Runs from ISSUANCE of the remittitur (not from the clerk's sending or receipt; the task description's 'clerk sends' wording applies only to the limited-civil rule 8.891). Parties may stipulate (filed before expiration) to extend up to 60 more days (3.1702(c)(2)); trial judge may extend for good cause (3.1702(d)). No service extension.
  • 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 Court of Appeal remittitur issued on Monday, March 15, 2027, personal service: due Monday, April 26, 2027.

  1. Trigger (Date the Court of Appeal remittitur issued): Monday, March 15, 2027.
  2. Exclude the trigger day and count 40 calendar days: Saturday, April 24, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, April 26, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Notes

Filed in the superior court. Runs from ISSUANCE of the remittitur (not from the clerk's sending or receipt; the task description's 'clerk sends' wording applies only to the limited-civil rule 8.891). Parties may stipulate (filed before expiration) to extend up to 60 more days (3.1702(c)(2)); trial judge may extend for good cause (3.1702(d)). No service extension.

Related deadlines

All California civil 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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.