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How to File a Motion to Reinstate a Dismissed Appeal in the California Court of Appeal (Step-by-Step)

You can usually move to reinstate a dismissed appeal in the California Court of Appeal by filing a motion in the same appellate case—often within 30 days of the dismissal order—showing good cause and curing the default. Reinstatement is most commonly sought after dismissals for procedural defaults like failing to file a brief, pay fees, or designate the record. This guide explains when reinstatement is available, what to file, how to serve it, and what happens after the court rules.

When a California Court of Appeal Will Consider Reinstating a Dismissed Appeal

A dismissal in the California Court of Appeal is often procedural rather than merits-based. The most common scenario is a dismissal after the appellant fails to cure a default—such as missing a deadline to file an opening brief, failing to pay required fees, or failing to complete record preparation steps after receiving a notice of default.

In many of those situations, the Court of Appeal has discretion to vacate the dismissal and reinstate the appeal if the appellant promptly files a motion, explains the default, and fixes the problem that caused the dismissal. The key ideas are: (1) act quickly, (2) cure the default, and (3) provide a credible, documented showing of good cause.

Common procedural reasons an appeal gets dismissed

While each district and division may have local practices, dismissals frequently follow these defaults:

• Failure to file the opening brief after notice and an opportunity to cure.
• Failure to deposit costs or pay fees (or failure to secure a fee waiver when required).
• Failure to designate the record (or to take steps needed for transcripts).
• Failure to comply with an order (e.g., to file a civil case information statement, proof of service, or other required document).
• Failure to timely correct a defective filing after the clerk issues a notice.

Dismissals that are harder (or impossible) to “reinstate” by motion

Not every dismissal is a candidate for reinstatement. If the appeal was dismissed because the notice of appeal was untimely, or because the order is nonappealable, reinstatement by motion typically will not solve the jurisdictional defect. Likewise, if the Court of Appeal issues the remittitur, options narrow significantly, and you may need different relief (including potential recall of remittitur in rare circumstances).

Critical Timing: Know the Court’s Post-Dismissal Jurisdiction Window

Timing is the make-or-break issue. As a practical rule, many attorneys treat 30 days from the dismissal order as the outside target to move for reinstatement because the Court of Appeal’s authority to modify its dismissal order is limited by its jurisdiction after entry of the dismissal. If you wait, the court may deny the motion as untimely regardless of the merits.

Practice tip: Do not rely on “we’re still within 60 days.” For reinstatement, file as soon as you discover the dismissal—ideally within days, not weeks—especially if you need time to correct the underlying default.

Step-by-Step: How to File a Motion to Reinstate a Dismissed Appeal

Step 1: Pull and calendar the dismissal order and the last default notice

Start with the docket and the actual dismissal order. Identify:

• The dismissal date (your jurisdictional clock).
• The stated reason for dismissal (missed brief deadline, fees, record issue, etc.).
• Any prior default notice and the cure date the court gave you.
• Any related clerk correspondence (rejected filings, missing proof of service, etc.).

This will drive the relief you request and the “cure” you must complete before (or with) the motion.

Step 2: Identify and cure the default before filing (or file concurrently)

Courts are far more receptive when the default is already cured. The motion should either:

• Attach the cured item (e.g., the opening brief lodged for filing, fee receipt, fee waiver application, corrected designation), or
• Explain precisely when and how it will be cured and why it cannot be cured immediately (less ideal).

Example: If the appeal was dismissed for failure to file the opening brief, submit the brief (conforming to the California Rules of Court) at the same time as the motion, or as an attachment/exhibit if the clerk will not accept it without reinstatement. If the problem involved transcripts, include proof you ordered them and paid required deposits, or provide a signed reporter’s transcript order/estimate documents as applicable.

Step 3: Choose the correct vehicle: “Motion to Reinstate” (and related relief)

Caption the document as a Motion to Reinstate Appeal (or “Motion to Vacate Dismissal and Reinstate Appeal”). Your motion typically requests:

• An order vacating the dismissal
• Reinstatement of the appeal
• Relief from default (if the court uses that terminology)
• A new deadline for the opening brief/required step (or an order deeming the tendered document filed)

Be precise: tell the court exactly what order you want, and what deadline structure you propose.

Step 4: Draft the motion with a clear, evidence-backed “good cause” narrative

A persuasive motion is short, organized, and supported by declarations and exhibits. Use this structure:

(1) Introduction and requested relief
State the dismissal date, the reason given, and the exact relief requested.

(2) Procedural history
List key dates: notice of appeal, record deadlines, default notice, dismissal date, and what you did immediately after learning of the problem.

(3) Showing of good cause/excusable neglect
Explain what happened, why it happened, and why it should not forfeit appellate review. Strong showings often include:

• A calendaring error with documented corrective steps
• Serious illness, family emergency, or other unforeseen event supported by declaration
• Breakdowns in service or notice (with proof)
• Transition of counsel (substitution/withdrawal timing issues) with evidence of diligence

(4) Diligence and lack of prejudice
Emphasize how quickly you acted after the dismissal and why reinstatement will not prejudice the respondent. “No prejudice” is not a magic phrase; tie it to the record (e.g., short delay, respondent already aware, record complete).

(5) Cure of the default
Explain exactly how the default has been cured and attach proof.

(6) Conclusion and proposed order
Ask for reinstatement and specify any deadlines you want reset.

Step 5: Support it with declarations and exhibits

Most reinstatement motions rise or fall on credibility and documentation. Include:

• Declaration of counsel describing the default, circumstances, and diligence.
• Declaration of the client when helpful (e.g., communication issues, medical emergency, incarceration logistics).
• Exhibits such as the default notice, dismissal order, proof of fee payment, lodged opening brief, transcript order confirmations, email chains showing diligence, or other corroboration.

Step 6: Comply with appellate motion formatting and filing rules

Follow the California Rules of Court governing motions in the Court of Appeal, including:

• Proper caption and case number
• Proof of service on all parties (and any required service on the trial court clerk/reporter depending on the relief sought)
• E-filing requirements in the district (most civil appeals are e-filed; verify local requirements and exemptions)
• Word/page limits and attachments (ensure your brief and exhibits comply)

Also check for local rules and any district-specific motion cover sheets or preferences. Many clerk’s offices post motion guidance on their websites.

Step 7: File the motion quickly—then follow up the right way

After filing, monitor the docket for:

• A request for opposition (sometimes the court acts without it).
• An order setting deadlines (e.g., “opening brief due in X days”).
• A denial that invites further action (rare but possible).

Avoid informal calls seeking legal advice from the clerk, but it is appropriate to confirm receipt of filings, whether a tendered brief was lodged, and whether any technical e-filing issue needs correction.

What “Good Cause” Looks Like in Practice (Examples)

Example A: Opening brief missed due to calendaring error

Facts: Counsel mis-calendared the due date after an extension and missed the deadline; the court issued a default notice; counsel did not see the notice due to a spam filter rule; the appeal was dismissed.

Strong motion: Counsel files within a week of dismissal, attaches the completed opening brief, provides a declaration describing the calendaring mistake, attaches proof of the corrected office procedure (e.g., revised calendaring protocol), and explains that respondent suffers no meaningful prejudice from a short delay.

Example B: Record preparation delay (transcripts)

Facts: Appellant did not timely arrange for reporter’s transcript deposits; dismissal followed.

Strong motion: Appellant includes proof deposits were paid, transcript orders were submitted, and the delay was caused by misunderstanding of the reporter’s estimate process or a documented hardship; requests reinstatement and a revised briefing schedule tied to transcript completion.