When appealing a family court judgment, it is of paramount importance that you file your appeal on time. Failure to do so will mean that the appellate court will simply not consider your case at all. If you don’t make the deadlines for appealing, your appeal is dead and can never be revived. Many people find the deadline rules confusing and even intimidating. Let’s take a closer look at the deadlines for appealing family court judgments.
Deadline to file a notice of appeal
The notice of appeal must be filed within 60 days of receiving or serving a document called a Notice of Entry, or a stamped judgment. Once the court clerk has served these documents to you and/or the other party, the clock starts ticking, and you must file your Notice of Appeal within the 60 days allowed.
There is another way of measuring the deadline, and this is where things get confusing. In cases where a Notice of Entry has not been served, the deadline extends to 180 days. This gives you much more time to consider your appeal and gather the resources you need. Once the Notice of Entry is served, the time window closes drastically.
How do I find out what the appeal period is in my case?
The answer to this question is on your Notice of Entry or judgment. Check the written and stamped dates on whichever of these documents you have. You have 60 days from that date to file your appeal. Where no Notice of Entry is served, you will need to get your attorney to check the date on which the judgment was entered – you will have 180 days from that date.
Westover Law Group is a company of family law attorneys serving Southern California. Our appellate lawyers are capable of taking your appeal through the appellate system, provided you have a strong case. Contact us to see how our appellate lawyers can help you with your family law appeals and related questions, including deadlines for appealing and other factors.