Q: True statement? 60 day calculation per 8.104(a) rule.
True statement? 60 day calculation per 8.104(a) rule.
In case when motion for reconsideration was denied, after motion to set aside dismissal was denied.
60 days are calculated from date when motion to set aside dismissal was denied.
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A:
This is incorrect regarding California Rule of Court 8.104(a) timing calculations.
When dealing with multiple post-judgment motions, the 60-day period to file a notice of appeal runs from the earliest of: the date of entry of denial of the motion for reconsideration, or the date of entry of denial of the motion to set aside dismissal. The time is calculated from whichever ruling came first, not automatically from the motion to set aside dismissal.
The rationale behind this rule is to prevent indefinite extensions of the appeal deadline through sequential post-judgment motions. You'll want to carefully check the exact dates when each motion was denied to determine your deadline. If you're unsure about the timing, consulting with a litigation attorney would be wise since missing appeal deadlines can have serious consequences.
Remember that filing a second post-judgment motion does not extend or restart the time to appeal from the denial of the first motion. The safest approach is to calendar your appeal deadline from the earliest denial date to ensure compliance with Rule 8.104(a).
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