What happens if the appeal isn filed in time?
In California, a late notice of appeal is ineffective. Once the time to appeal runs, the appellate court loses the power to hear an appeal. There are a few situations in which the normal time to appeal can be extended. If one party appeals, all other parties are given an additional 20-day period in which they can also appeal. The time to appeal can also be extended up to 30 days for certain motions, such as a motion for new trial or for reconsideration. And, as noted under Filing the Notice of Appeal, if the last day to appeal falls on a Saturday, Sunday or holiday, the appeal can be filed the next day that the clerk’s office is open. But, in California, once the time, including any of those extensions, has run, it is no longer possible to appeal. Federal courts may let a party file a late notice of appeal. The federal rules allow a party to appeal up to 30 days late, but only if the district court finds that the appeal was not filed in time because of “excusable neglect or good cause.
