Extended time to appeal after a motion for new trial

When a valid motion for new trial is denied, rule 8.108(b) extends the time to appeal until the earliest of 30 days after the denial order is served, 30 days after denial by operation of law, or 180 days after entry of judgment.

  • CRC 8.108(b)
  • CRC 8.104
  • CCP 12a

Find your appeal deadline

After a motion for new trial is denied.

The date the clerk or a party served the order or notice of entry.

Used for the 180-day outside limit.

Holidays and court closures

California judicial holidays under CCP 135 are always skipped, including Lincoln's Birthday, Cesar Chavez Day and Native American Day.

For weather or emergency closures. Check the court's notice to confirm it extends deadlines.

How the deadline is counted

  1. Count 30 days from the denial. Use the date the order denying the motion, or notice of its entry, was served. If the court did not rule in time, use the date of denial by operation of law.
  2. Count 180 days from entry of judgment. This is the outside limit.
  3. Take the earliest. The notice of appeal is due on the earlier of the two dates.
  4. Keep the normal time if it is later. Rule 8.108 can only extend, never shorten, the time under rule 8.104.

Worked examples

ExampleDenial servedDeadline
Denial served, judgment entered 3 months earlierThu, Oct 1, 2026Mon, Nov 2, 2026
Denial served, judgment entered 6 months earlierThu, Oct 1, 2026Wed, Oct 7, 2026

The motion must be valid. The extension applies only if the notice of intention to move for a new trial was valid and timely. Mail or electronic service extensions under CCP 1013 do not apply to the time to file a notice of appeal.

Common questions

Does a motion for new trial extend the time to appeal in California?

Yes, if the motion is valid. Rule 8.108(b) extends the time to the earliest of 30 days after the denial is served, 30 days after denial by operation of law, or 180 days after entry of judgment.

What if the normal deadline is later?

Then the normal rule 8.104 deadline applies. Rule 8.108 never shortens it.

Do mailing extensions add days?

No. CCP 1013 does not extend the time to file a notice of appeal.

Sources

  • California Rules of Court, rule 8.108(b)
  • California Rules of Court, rule 8.104

Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.

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