True statement? Calculation of time to appeal denied motion for reconsideration

Question

Unless time prescribed by rule 8.104(a) is longer, time for appeal to motion for reconsideration  
is 30 DAYS - pursuant to rule 8.108 (e). 
 
Rule 8.104(a) calculation is based on date of decision on Motion to Set Aside Dismissal, but does not shorten dated calculated per rule 8.108. 
Rule 8.108 is based on date when motion for reconsideration was denied.

James L. Arrasmith · Answer

This statement is generally correct regarding appeal timing in California courts. Let's break down the key points: 
 
The time to appeal a denied motion for reconsideration is indeed 30 days under California Rules of Court, rule 8.108(e), unless rule 8.104(a) would provide a longer time period. Your understanding of how these rules work together is accurate. 
 
The crucial distinction you've identified is that rule 8.104(a)'s timeframe is calculated from the date of the decision on the Motion to Set Aside Dismissal, while rule 8.108's timeframe runs from when the motion for reconsideration was denied. This creates two separate potential deadlines, and you get the benefit of whichever gives you more time. 
 
Remember that calculating appeal deadlines requires extreme precision - even a one-day mistake can be fatal to your appeal rights. When dealing with multiple possible deadline calculations like this, it's prudent to calendar all potential deadlines and use the most conservative approach. Consider consulting with an appellate attorney to verify your specific deadline calculations, as the consequences of missing an appeal deadline are severe.

Q: True statement? Calculation of time to appeal denied motion for reconsideration