United States · California Rules of Court
When is a California civil Court of Appeal decision final?
Rule 8.264 ordinarily makes a civil appeal decision final in that court 30 days after filing, with specific immediate-finality and restart branches.
- Period
- Ordinary thirty-day finality, immediate-finality decisions and publication, judgment-changing modification, consent or rehearing branches
- Trigger
- Decision filing and each legally relevant finality-changing event
- Rule
- Cal. Rules of Court, rule 8.264(b)(1)
Official 2026 Rules of Court reviewed. Rule 8.264 amended effective January 1, 2018; repealed and adopted as rule 24 effective January 1, 2003; previously amended and renumbered as rule 8.
Source guide · No automated date
When is a California civil Court of Appeal decision final?
Ordinary thirty-day finality, immediate-finality decisions and publication, judgment-changing modification, consent or rehearing branches
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Which event starts this Cal. Rules of Court, rule 8.264(b)(1) inquiry?
Decision filing and each legally relevant finality-changing event
A thirty-day period is the ordinary branch. A judicial holiday does not automatically postpone finality for the petition-for-review calculation under rule 8.500(e)(1).
Responsible actor. The court determines finality; a party must establish it before using a finality-triggered procedure. Identify the kind of civil decision, all publication and modification orders, any conditional affirmance consent and any actual rehearing grant or emergency order.
Cal. Rules of Court, rule 8.264(b)(1)Which comparisons must be resolved before counting?
- Decision filing and each legally relevant finality-changing event
- A thirty-day period is the ordinary branch. A judicial holiday does not automatically postpone finality for the petition-for-review calculation under rule 8.500(e)(1).
- Resolve all stated events, qualifications and comparisons. This source guide supplies no computed or paid date.
- Preserve the opinion and all subsequent orders, with filing dates and the actual finality determination. Finality is not an act completed by serving or filing a party document.
Civil decision finality follows the specific branches of rule 8.264. Rule 8.500(e)(1) does not postpone finality for a closed clerk office. Party filing deadlines have their separate final-holiday treatment. CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.
Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.
CCP 12, exclusion of the first dayWhat distinguishes the statutory branches?
Two modifications filed on the same date can have different finality effects because only one changes the appellate judgment. A closed ordinary finality day does not become the next open day for review timing. No single opinion-filing input resolves these branches.
Ordinary thirty-day finality, immediate-finality decisions and publication, judgment-changing modification, consent or rehearing branches
Which qualifications change this procedure?
- Final on filing
- Supersedeas denials and dismissals on request or stipulation are final on filing under rule 8.264(b)(2).
- Publication and judgment-changing modification
- A qualifying publication order restarts finality. A modification changing the appellate judgment restarts it; a modification not changing judgment does not.
- Conditional affirmance consent
- Filing the consent described in rule 8.264(d) starts the identified thirty-day finality period.
- Rehearing petition versus grant
- A mere rehearing petition does not automatically postpone finality. If not ruled on before finality, it is deemed denied; a rehearing grant vacates the decision.
- Closed clerk office
- The court's next-open-day authority to modify under rule 8.264(c)(1) does not establish a general postponement of finality. Rule 8.500(e)(1) expressly denies that postponement for review timing.
- Actual emergency order
- Rule 8.66 permits specified emergency tolling or extensions and renewals. Check the order's scope and dates; the rule does not add time merely because an emergency occurred.
- Service methods and distinct statutory additions
- Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.
- Edition and calendar coverage
- Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.
- Identify the kind of civil decision, all publication and modification orders, any conditional affirmance consent and any actual rehearing grant or emergency order.
- Ordinary thirty-day finality, immediate-finality decisions and publication, judgment-changing modification, consent or rehearing branches
Which acts and evidence must be preserved?
Questions about Cal. Rules of Court, rule 8.264(b)(1)
When is a California civil Court of Appeal decision final?
Does every modification restart thirty days?
No. Rule 8.264(c)(2) distinguishes whether the modification changes the appellate judgment.
Cal. Rules of Court, rule 8.264(c)(2)Does filing a rehearing petition itself extend finality?
No. Rule 8.268(c) deems an unresolved petition denied at finality. A granted rehearing has the separate vacating effect.
Cal. Rules of Court, rule 8.268(c)-(d)Can I move finality to Monday before counting review time?
No. For rule 8.500, finality is not extended because the clerk's office is closed.
Cal. Rules of Court, rule 8.500(e)(1)Official California sources and edition review
Provisions used (21)
| Provision | Purpose |
|---|---|
| Cal. Rules of Court, rule 8.264(b)(1) | The particular actor, event, period and required act |
| Cal. Rules of Court, rule 8.264(b)(2) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.264(b)(3) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.264(d) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.268(c)-(d) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.500(e)(1) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.66 | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.264(c)(2) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.10 | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.25 | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 8.77 | The separately identified counting, filing, holiday or procedural qualification |