Cal. Rules of Court, rule 8.406 · Article 2. Appeals
Time to appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Normal time
(1) Except as provided in (A), (B), and (2), a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.
(A) In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee's order becomes final under rule 5.540(c).
(B) When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 60 days after that order is served under rule 5.538(b)(3) or 30 days after entry of the order denying rehearing, whichever is later.
(2) To appeal from an order transferring a minor to a court of criminal jurisdiction:
(A) Except as provided in (B) and (C), a notice of appeal must be filed within 30 days of the making of the order.
(B) If the matter is heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 30 days after the referee's order becomes final under rule 5.540(c).
(C) When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 30 days after entry of the order denying rehearing.
(b) Cross-appeal
If an appellant 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 20 days after the superior court clerk sends notification of the first appeal, whichever is later.
(c) No extension of time; late notice of appeal
Except as provided in rule 8.66, no court may extend the time to file a 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.
(d) Premature notice of appeal
A notice of appeal is premature if filed before the judgment is rendered or the order is made, but the reviewing court may treat the notice as filed immediately after the rendition of judgment or the making of the order.
Notes and commentary — not rule text
History
(Subd (a) amended effective April 1, 2023; previously amended effective January 1, 2023.)
(Subd (b) amended effective January 1, 2016.)
(Subd (c) relettered effective July 1, 2010; adopted as subd (d) effective July 1, 2010.)
(Subd (d) relettered effective July 1, 2010; adopted as subd (e) effective July 1, 2010.)
Rule 8.406 amended effective April 1, 2023; adopted effective July 1, 2010; previously amended effective July 1, 2010, January 1, 2016, and January 1, 2023.
Advisory Committee Comment
Subdivision (c). See rule 8.25(b)(5) for provisions concerning the timeliness of documents mailed by inmates or patients from custodial institutions.
Formatting
Corrected to the Judicial Council's PDF of the title: the rule page prints the markup remnant “em]” before 3 captions, shown as the Council's PDF prints the caption.
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_406
- Text hash
- sha256 efe4f23bc1a8eebd1c6e094e92008bcb9c968806ca9290038000121e8e417cc8
- 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
BenchPath cards that rely on this text
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
California Rules of Court
- Cal. Rules of Court, rule 5.538Conduct of proceedings held before a referee not acting as a temporary judgePrinted as rule 5.538(b)(3)
- Cal. Rules of Court, rule 5.540Orders of referees not acting as temporary judgesPrinted as rule 5.540(c)
- Cal. Rules of Court, rule 5.542Rehearing of proceedings before refereesPrinted as rule 5.542
- Cal. Rules of Court, rule 8.25Service, filing, and filing feesPrinted as rule 8.25(b)(5)
- Cal. Rules of Court, rule 8.66Tolling or extending time because of public emergencyPrinted as rule 8.66
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.