Cal. Rules of Court, rule 8.902 · Article 1. Taking Appeals in Infraction Cases
Time to appeal
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Normal time
A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed. If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment.
(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 trial 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 appellate division may treat the notice as filed immediately after the rendition of the judgment or the making of the order.
(d) Late notice of appeal
The trial court clerk must mark a late notice of appeal "Received [date] but not filed" and notify the party that the notice was not filed because it was late.
Notes and commentary — not rule text
History
(Subd (b) amended effective January 1, 2016.)
Rule 8.902 amended effective January 1, 2016; adopted effective January 1, 2009; previously amended effective July 1, 2010.
Advisory Committee Comment
Subdivision (d). See rule 8.817(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_902
- Text hash
- sha256 976009264797709ec0bd14552d49e4194615e5d502266c26eb5da219f67688ce
- 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
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
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.