Am I reading these rules correctly...I have the courts order do I then wait 30 days. In that the date is March 2, 2012, I have to wait until April 2, 2012 before I can file and serve the notice?
Is your unlawful detainer lawsuit a LIMITED jurisdiction case, or an UNLIMITED jurisdiction case?
In unlimited civil cases (such as civil cases involving an amount over $25,000), you must file your notice of appeal by the earliest of the following times:
60 days after the trial court clerk serves you with notice that the judgment has been entered in your case or with a copy of the judgment stamped "Filed," or
60 days after the other side serves you with notice that the judgment has been entered or with a copy of the judgment stamped "Filed," or
180 days after the entry of the judgment.
In a limited civil case (civil cases involving an amount that is $25,000 or less), you must file your notice of appeal by the earliest of the following times:
30 days after the trial court clerk serves you notice that the judgment has been entered in your case or a copy of the judgment stamped "Filed," or
30 days after the other side serves you with notice that the judgment has been entered or with a copy of the judgment stamped "Filed," or
90 days after the entry of the judgment.
Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
You are misreading the rules. That 30 day period is your deadline, that is, the last possible day for you to file a notice of appeal, not first possible day. You may file the Notice of Appeal anytime once judgment is entered, up to that 30th day. This is a jurisdictional deadline, which means that if the 30 days pass and you have not filed, you will forever lose your right to appeal.
You file the notice of appeal with at the appeals window of the clerks office of the trial court where you case was heard.
Finally, it is important that you understand that the filing of the notice of appeal does not mean that the judgment is stayed (i.e., frozen so that you do not have to vacate the premises and/or pay the money set forth in the judgment. You will have to take additional steps if you want to stay the enforceability of the judgment.
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