The procedure questions clients actually ask.

For most civil judgments, 60 days from the earliest of (1) service of a "Notice of Entry" of judgment by the clerk, (2) service of a Notice of Entry by a party, or (3) 180 days after entry — whichever comes first. (Cal. Rules of Court 8.104.)

Some post-trial motions (new trial, JNOV, motion to vacate) extend the deadline if filed in time. Family-law and limited-civil cases have shorter deadlines. The safest move is to assume the shortest possibility and confirm in writing.

In federal court, the notice of appeal is generally due 30 days after entry of judgment in civil cases (60 days when a U.S. agency is a party). Certain post-trial motions toll the time. The deadline is jurisdictional — late filings cannot be cured.

Maybe — but not many tools, and most are narrow. A motion to vacate under CCP § 473 may restart certain clocks. A motion to set aside under § 473(b) requires affidavits of mistake or excusable neglect. In federal practice, FRCP 60 has a much higher bar. If the deadline was truly jurisdictional, no excuse — even a good one — fixes it.

The first hour of any "missed deadline" call is reviewing the order, the proof of service, and any post-trial filings to confirm the deadline is in fact gone. Sometimes it isn't.

Roughly 12 to 24 months from notice of appeal to decision in the Court of Appeal, depending on the district and how long the record takes to prepare. Federal appeals run similarly. Writs move much faster — sometimes resolved within weeks — but most are summarily denied.

Not automatically. A money judgment is enforceable on appeal unless you post an undertaking (bond) — typically 1.5 times the judgment amount for individuals, 2 times for entities. Non-money judgments may be stayed by operation of law or by court order. This is one of the first things to plan for in any appeal involving an enforceable judgment.

Almost never. The Court of Appeal decides the case on the record made in the trial court. Limited exceptions exist (judicial notice, post-judgment matters under CRC 8.252), but they are narrow. If a key piece of evidence wasn't in the trial-court record, the appeal usually can't rely on it.

Usually no — at least not directly. The Court of Appeal will defer to the trial court on factual findings unless no substantial evidence supports them. That is a very deferential standard. Appeals are typically won by reframing a "wrong facts" complaint as a legal error: wrong jury instruction, wrong evidentiary ruling, wrong burden of proof.

It's the lens the Court of Appeal applies to each issue. Three main standards: de novo (no deference, used for pure legal questions), abuse of discretion (the trial court wins unless the ruling was outside the bounds of reason — used for evidentiary and many family-law calls), and substantial evidence (factual findings stand if any credible evidence supports them).

It is the single biggest predictor of whether an appeal is winnable. The same trial-court ruling can be easy or hard to overturn depending entirely on which standard applies.

For most appeals, the justices have read the briefs and the record and have a tentative decision in mind before argument begins. Oral argument's real job is to surface unresolved questions and pressure-test the case. Strong argument can swing close calls and rarely loses a clear winner — but it almost never rescues a clear loser. The briefs do the heavy lifting.

Depends on the ruling. The Court of Appeal can reverse outright (you win), reverse and remand for further proceedings (often a new trial or new hearing on specific issues), or modify the judgment. Most reversals are with remand. Outright reversals — "judgment is reversed; appellant shall recover costs" — happen but are less common.

An appeal challenges a final judgment after the case is over in the trial court. A writ petition asks the Court of Appeal to intervene before final judgment — usually because waiting would cause irreparable harm. Appeals are a matter of right; writ review is discretionary, and the vast majority of writ petitions are denied summarily.

Most commonly: overbroad discovery orders, privilege rulings, disqualification orders, class-certification orders, and orders affecting trial readiness on the eve of trial. The petition has to show two things: legal error and why ordinary post-judgment appeal can't fix it.

In California, the notice of appeal is due 60 days after sentencing in a felony case (Cal. Rules of Court 8.308) and 30 days in a misdemeanor case (Rule 8.853). Federal criminal appeals run 14 days from entry of judgment (Fed. R. App. P. 4(b)). These clocks are jurisdictional — if you miss them, the direct appeal is gone and your only path is post-conviction. Call before the clock runs out.

A direct appeal challenges errors that appear on the face of the trial record — wrong jury instructions, evidentiary rulings, insufficient evidence, sentencing error. A habeas petition raises claims that depend on facts outside the record — ineffective assistance of counsel, newly discovered evidence, Brady violations, juror misconduct. Many cases need both: the direct appeal for record-based issues, and a separate habeas for everything else. Filing one doesn't waive the other.

It's possible but uncommon. Bail pending appeal in California is governed by Penal Code § 1272.1 and requires a showing that you're not likely to flee or pose a danger, and that the appeal raises a substantial legal question. The motion is typically made first in the trial court; if denied, it can be renewed in the Court of Appeal. For most felony convictions, the realistic answer is no — but we evaluate it case by case.

Often you shouldn't. California's appellate projects — CAP, FDAP, ADI, SDAP — employ excellent appellate specialists who handle the bulk of criminal appeals in the state at no cost to the defendant. We'll tell you honestly when court-appointed counsel is the right call. Private representation makes sense when the case calls for parallel work the appointed lawyer can't do (a complementary habeas, a resentencing motion, federal habeas in the Ninth Circuit), when there's a conflict, or when you want to keep continuity with counsel you've worked with.

Several recent statutes opened resentencing for people already serving sentences. The main ones: Penal Code § 1172.6 (formerly § 1170.95) lets people convicted under felony-murder or natural-and-probable-consequences theories petition to be resentenced; § 1170.91 covers veterans with service-related conditions; § 745 (Racial Justice Act) lets defendants challenge convictions or sentences tainted by racial bias; and § 1170(d) covers various recall-and-resentence pathways. Eligibility is fact-specific, and the procedure is petition-based with strict pleading requirements. Send us the abstract of judgment and the operative information — we can usually tell you within a week whether you have a viable petition.

Sometimes on direct appeal, but usually better on habeas. To win on ineffective assistance (the Strickland standard), you have to show both that counsel's performance fell below an objective standard and a reasonable probability the result would have been different. If the basis is something visible on the record — a missed objection during a critical exchange — it can go in the appeal. But most IAC claims depend on evidence outside the record (what trial counsel knew, why they made certain choices, what investigation they did or didn't do). Those belong in a habeas petition with a declaration from prior counsel and supporting evidence. Filing them on direct appeal on a silent record is usually a losing move.

It's a special motion to strike that California allows when a lawsuit targets someone's speech or petitioning activity. Two steps: the defendant shows the claim arises from protected activity; the plaintiff then has to show the claim has minimal merit. If the motion wins, the case (or that claim) is dismissed and the defendant gets attorneys' fees. The motion is filed within 60 days of service. Denials are immediately appealable.

Honestly, no. Some discovery motions you let go to preserve credibility on the ones that matter. Some demurrers you concede with a stipulated amendment because amending is faster than briefing. Picking which motions to fight — and which to settle on the courthouse steps — is part of the strategy work we do at intake.

In a California summary judgment motion, the separate statement lists each material fact and the evidence supporting (or disputing) it, line by line. Judges read it before the brief. The opposition's separate statement is usually where the motion is won or lost — if you can show even one genuinely disputed material fact, the MSJ has to be denied. A sloppy separate statement is a self-inflicted wound.

Most engagements are flat fee, capped fee, or hybrid. Appeals are usually quoted in three phases: opening brief, reply, oral argument. Writs are quoted as a single fee for the petition. Motions are typically flat fee for the brief plus an hourly cap for argument prep. Every engagement letter spells out scope before we start.

Pure contingency on appellate work is rare and case-specific. Hybrid arrangements — reduced flat fee plus a contingent piece tied to a fee-shifting statute or recovery — are more common, especially in anti-SLAPP, civil rights, and certain consumer cases. We're happy to discuss.

Often, yes. A common structure is to bring us in as appellate or brief-only co-counsel while your trial attorney continues the rest of the work. We can appear "of counsel" on filings or stay ghost-written. The arrangement is whatever serves the case and is consistent with your engagement letter with your existing counsel.

For an appeal: the judgment and notice of entry, the operative pleading, and any post-trial orders. For a motion: the operative pleading, the motion (or opposition) you're responding to, and case-management dates. We'll send a short conflicts form. Most matters can be assessed within one to three business days of receiving these.

The firm is admitted to practice in California state courts, the U.S. District Courts for the Central, Northern, Eastern, and Southern Districts of California, and the Ninth Circuit. For out-of-state matters, we can sometimes appear pro hac vice or refer to local counsel.