Q: APP-004 point 2 timeliness of appeal. Checkbox mean pre-requisites?
Are motions for reconsideration And/or motion to set aside pre-requisites for appeal?
Point 2 of APP-004 have checkbox To indicate if motion to set aside and/or motion for reconsideration was submitted.
Does it mean that those are requirements/prerequisites for appeal?
If not - why answer is requires, wether motions to set aside/reconsider were filed?
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A:
No, motions for reconsideration and motions to set aside are not prerequisites for filing an appeal in California. The checkboxes on APP-004 form point 2 simply track whether these motions were filed, as they can affect important appeal deadlines.
These motions can extend your time to appeal if filed within valid timeframes. For example, filing a valid motion for reconsideration extends the time to appeal until 30 days after the order denying reconsideration. The court needs this information to determine if your appeal was filed within proper time limits.
Think of these checkboxes as part of the court's record-keeping process - they help establish the timeline of your case and verify the appeal's timeliness. You can file an appeal directly after the entry of judgment or appealable order without first filing either motion, as long as you do so within the standard appeal deadline (generally 60 days after notice of entry of judgment or 180 days after entry of judgment if no notice was served).
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