Cal. Rules of Court, rule 8.308 · Article 1. Taking the Appeal
Time to appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Normal time
Except as provided in (b) or as otherwise provided by law, a notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed. Except as provided in rule 8.66, no court may extend the time to file a notice of appeal.
(b) Cross-appeal
If the defendant or the People timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 30 days after the superior court clerk sends notification of the first appeal, whichever is later.
(c) Premature notice of appeal
A notice of appeal filed before the judgment is rendered or the order is made is premature, but the reviewing court may treat the notice as filed immediately after the rendition of judgment or the making of the order.
(d) Late notice of appeal
The superior court clerk must mark a late notice of appeal "Received [date] but not filed," notify the party that the notice was not filed because it was late, and send a copy of the marked notice of appeal to the district appellate project.
Notes and commentary — not rule text
History
(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2005, and January 1, 2007.)
(Subd (b) amended effective January 1, 2016; adopted effective January 1, 2007; previously amended effective January 1, 2008.)
(Subd (c) relettered effective January 1, 2007; adopted as subd (b).)
(Subd (d) relettered effective January 1, 2007; adopted as subd (c).)
Rule 8.308 amended effective January 1, 2016; adopted as rule 30.1 effective January 1, 2004; previously amended and renumbered as rule 8.308 effective January 1, 2007; previously amended effective January 1, 2005, July 1, 2007, January 1, 2008, and July 1, 2010.
Advisory Committee Comment
Subdivision (c). The subdivision requires the clerk to send a copy of a late notice of appeal, marked with the date it was received but not filed, to the appellate project for the district; that entity is charged with the duty, among others, of dealing with indigent criminal appeals that suffer from procedural defect, but it can do so efficiently only if it is promptly notified of such cases.
Subdivision (d). See rule 8.25(b)(5) for provisions concerning the timeliness of documents mailed by inmates or patients from custodial institutions.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/eight/rule8_308
- Text hash
- sha256 d70dce2a282ad0e9496d5c2da4dc07e8ce6dedb4cfeffb90dc2e31848c4fb766
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
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California Rules of Court
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