Q: Appealing denied motion for reconsideration. Due date to appeal calculation
Due date for appealing is counted from data when motion to set aside dismissal was denied, or from date when motion for reconsideration was denied?
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A:
In California, the time to file a notice of appeal typically runs from the date the motion for reconsideration was denied, not from the denial of the motion to set aside dismissal. This is because filing a valid motion for reconsideration extends the time to appeal until the order denying reconsideration is served with notice.
You should check California Rules of Court, Rule 8.108(e), which provides that if you serve and file a valid motion to reconsider an appealable order, the time to appeal from that order is extended until the earliest of: 30 days after the superior court clerk or party serves an order denying the motion or notice of entry of that order; 90 days after you file the first motion to reconsider; or 180 days after entry of the appealable order.
Keep in mind that strict compliance with timing requirements is crucial in appeals - missing a deadline could result in your appeal being dismissed. You might want to consult with an attorney who can review your specific case details and confirm the exact deadline, as various factors can affect appeal timelines.
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