The Effect of A Reconsideration Motion on the Deadline to Appeal a Dismissal

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This article discusses the California Court of Appeal's recent decision in Payne v. Rader, C055242 (3d Dist., November 4, 2008). Payne underscores the importance of party using the statutorily proper type of motion to seek reconsideration of a Superior Court judgment if the party wishes to rely on the filing of that motion to extend the jurisdictional deadline imposed by California Rule of Court 8.104(a) for appealing the judgment. It also is a reminder that, if there is any conceivable doubt or ambiguity about what the jurisdictional deadline is or whether it has been extended by the filing of a post-judgment motion in the Superior Court, counsel should err on the side of filing a notice of appeal by the earliest deadline that the rules could be construed to impose.

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Sidley Austin, LLP on:

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