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Appellate Practice
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Briefs
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Effective January 1, 2014

Briefs in the Court of Appeal
Petitions for Review
Briefs in the Supreme Court
Petitions for Extraordinary Relief
Motions Concerning the Record
Other Motions


Briefs in the Court of Appeal

Appellant’s Opening Brief

WORD LIMIT:

 

25,500 words; must include a certificate of word count (Rule 8.360(b)(1), 8.412(a))

NOTE:

 

Must generally comply with rules 8.200 and 8.204 (Rule 8.360(a))

DEADLINE:

 

40 days from the filing of the record. In the Sixth District, this is regardless of when the panel attorney was selected to represent the client (except for conflict appointments). (Rule 8.360(c)(1), 8.3412(b)(1)) 30 days from the filing of the record in cases concerning the termination of parental rights. (Rule 8.416(e)) If appellant misses the deadline, the brief must be filed within 30 days after the deadline (rules 8.220(a), 8.360(c)(5), 8.412(b)(5)), 15 days in cases concerning the termination of parental rights (rule 8.416(g)).

COVER:

 

Green (Rule 8.40(b)). Phoenix H. briefs in the Sixth District must be letter briefs.

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Phoenix H. briefs in the Sixth District must be letter briefs. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))


Respondent’s Brief

WORD LIMIT:

 

25,500 words; must have certificate of word count (Rule 8.360(b)(1))

NOTE:

 

Must generally comply with rules 8.200 and 8.204 (Rule 8.360(a))

DEADLINE:

 

30 days from filing of the opening brief (Rule 8.360(c)(2)) If respondent misses the deadline, the brief must be filed within 30 days after the deadline (rules 8.220(a), 8.360(c)(5)), 15 days in cases concerning the termination of parental rights (rule 8.416(g)). In dependency cases, minor's brief is due 10 days after the respondent's brief. (Rule 8.412(b)(4))

COVER:

 

Yellow (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, briefs must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))


Reply Brief

WORD LIMIT:

 

25,500 words; must have certificate of word count (Rule 8.360(b)(1))

NOTE:

 

Must generally comply with rules 8.200 and 8.204 (Rule 8.360(a))

DEADLINE:

 

20 days from the filing of respondent's brief. (Rules 8.360(c)(3), 8.412(b)(3)) There is no default time. (See rules 8.220(a), 8.360(c)(5))

COVER:

 

Tan (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, briefs must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))

Supplemental Brief

WORD LIMIT:

 

25,500 words; must include a certificate of word count (rule 8.360(b)(1), 8.412(a)), unless the court specifies otherwise.

NOTE:

 

Must generally comply with rules 8.200 and 8.204. (Rule 8.360(a))

DEADLINE:

 

Supplemental briefs can be filed only with leave of court. Unless the court requested supplemental briefing on its own, counsel must concurrently file a motion to permit the filing of the supplemental brief.

COVER:

 

Green for appellant, yellow for respondent (rule 8.40(b)), unless the court requested a letter brief.

BINDING:

 

Unless the court requested a letter brief, bind on the left edge with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, briefs must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))

Rehearing Petition

GROUNDS:

 

(1) The opinion was based on an issue not briefed. (See Gov. Code, § 68081)
(2) An omission or misstatement of an issue or material fact. (See rule 8.500(c)(2))
(3) New authority not previously considered.
Cannot file petition for rehearing after the summary denial of a writ petition. (Rules 8.264(b)(2)(A), 8.268(a))

WORD LIMIT:

 

14,000 words (Rules 8.204(c), 8.268(b)(3))

NOTE:

 

Must generally comply with rule 8.204 (Rule 8.268(b)(3))

DEADLINE:

 

15 days after the issuance of the court opinion or order of publication or a modification that affects the judgment. (Rule 8.268(b)(1)) There are no extensions of time, but you can seek relief from filing a late petition before the decision is final. (Rule 8.268(b)(4))

COVER:

 

Orange (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, it must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))


Answer to Petition for Rehearing

WORD LIMIT:

 

14,000 words (Rules 8.204(c), 8.268(b)(3))

NOTE:

 

Must generally comply with rule 8.204 (Rule 8.268(b)(3))

DEADLINE:

 

Cannot file an answer unless requested by the court. 8 days after the filing of the petition for rehearing or as directed by the court. (Rule 8.268(b)(2))

COVER:

 

Blue (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Briefs electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies. (Rule 8.44(b)(1)) In the Sixth District, it must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, briefs must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), superior court (rule 8.360(d)(4)), defendant and SDAP (rule 8.360(d)(1), (2)). In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. (Rules 8.412(d)(1) & (2), 8.25(a))


Petitions for Review

Petition for Review

GROUNDS:

 

(1) To secure uniformity of decision or to settle an important question of law (Rule 8.500(b)(1))
(2) The court of appeal acted without jurisdiction or cause (Rule 8.500(b)(2))
(3) The court of appeal did not form a majority (Rule 8.500(b)(3))
(4) To transfer to the court of appeal (Rule 8.500(b)(4))
(5) To exhaust state remedies in criminal case (Rule 8.508(a))

WORD LIMIT:

 

8400 words (Rule 8.504(e)(1)) Must include a certificate of word count. (Rule 8.504(e)(1)) 30 pages for a pro per petitioner who uses a typewriter. (Rule 8.504(e)(2))

NOTE:

 

Must generally comply with rules 8.204 and 8.504. (See rule 8.504(a)) Must attach the DCA opinion and any modification or order granting publication as an appendix. (Rules 8.504(b)(4), 8.508(b)(2))
In rule 8.508 petitions, do not need to state issues for review or grounds for granting review, but must give the facts and federal authority for the claim. (Rule 8.508(b)(2), (3).) Must clearly state in the petition that the case presents no grounds for review under rule 8.500(d) and the petition is filed solely to exhaust state remedies for federal corpus purposes. (Rule 8.508(b)(3)(A).)

DEADLINE:

 

10 days after the court of appeal decision is final. (Rule 8.500(e)(1)) A "decision" includes an "interlocutory order" on a motion in the court of appeal. (Rule 8.500(a)(1))

*

 

An opinion is final 30 days after issuing the opinion (rules 8.264(b)(1) [civil], 8.366(b)(1) [criminal]), modifying the judgment or issuing a new opinion after granting rehearing (rules 8.264(c)(2), 8.366(b)(4)), or granting publication (rule 8.264(b)(3), 8.366(b)(3)). Modifying the opinion in a manner which does not modify the judgment does not extend the deadline for filing a petition for review!

*

 

An order on a motion is final 30 days after issuing the ruling. (Rule 8.264(b)(1), 8.366(a)) But voluntary dismissal is final immediately. (Rule 8.264(b)(2)(B), 8.366(b)(2)(B)) Denial of bail pending appeal or a motion to reduce bail pending appeal is final immediately. (Rule 8.366(b)(2)(A))

*

 

A decision granting relief on a habeas corpus petition is final 30 days after the decision (rule 8.387(b)(1)), and a decision denying relief after issuing an OSC is final 30 days after the decision (rule 8.387(b)(2)(A)), unless the court in its discretion makes the decision final sooner (rule 8.387(b)(3)(A)). If the court later orders the decision published, it is final 30 days after the court makes the publication order, unless the court states otherwise. (Rule 8.387(b)(3)(B)) Unless the court states otherwise, a decision is final 30 days after the opinion is modified only if the modification changes the judgment. (Rue 8.387(d)(2)) The summary denial of a habeas corpus petition on a day separate from issuing the opinion is final immediately. (Rule 8.387(b)(2)(A)) The denial of a habeas corpus petition made on the same day as the opinion is final when the opinion is final. (Rule 8.387(b)(2)(B)) One must file one petition for review if the habeas matter is formally consolidated with the appeal. (Rule 8.500(d)) Otherwise, one must file separate petitions for review. (Rule 8.500(d))

*

 

A decision granting relief on a petition for writ of mandate, prohibition, or certiorari is final 30 days after the decision (rule 8.490(b)(2)), unless the court in its discretion makes the decision final sooner (rule 8.490(b)(3)). Unless the court states otherwise, a decision denying relief after issuing an OSC is final 30 days after the decision. If the court later orders the decision published, it is final 30 days after the court makes the publication order, unless the court states otherwise. (Rule 8.490(b)(4)) Unless the court states otherwise, a decision is final 30 days after the opinion is modified only if the modification changes the judgment. (Rue 8.387(b)(5)) The summary denial of a petition is final immediately. (Rule 8.490(b)(1))

*

 

The denial of a petition for writ of supersedeas is always final immediately. (Rule 8.264(b)(2)(A).)

COVER:

 

White. (Rule 8.40(b)) If it is a rule 8.508 petition, must state prominently on the cover "Petition for Review to Exhaust State Remedies." (Rule 8.508(b)(1))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court acceptss-eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Original + 8 copies if it is a rule 8.508 petition. (Rule 8.44(a)(4)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) Need not serve superior court if it is a rule 8.508 petition. (Rule 8.508(c)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1)). The Sixth District Court of Appeal can be electronically served.


Answer to Petition for Review

WORD LIMIT:

 

8400 words. (Rule 8.504(e)(1)) Must include a certificate of word count. (Rule 8.504(e)(1)) 30 pages for a pro per petitioner who uses a typewriter. (Rule 8.504(e)(2))

NOTE:

 

Must generally comply with rules 8.204, 8.504 (See rule 8.504(a))

DEADLINE:

 

20 days after the filing of the petition for review (Rule 8.500(e)(4))

COVER:

 

Blue (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court acceptse-eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1))


Reply to Answer to Petition for Review


WORD LIMIT:

 

4200 words. (Rule 8.504(e)(1)) Must include a certificate of word count. (Rule 8.504(e)(1)) 15 pages for a pro per petitioner who uses a typewriter. (Rule 8.504(e)(2))

NOTE:

 

Must generally comply with rules 8.04 and 8.504 (See rule 8.504(a))

DEADLINE:

 

10 days after the filing of the answer to the petition for review (Rule 8.500(e)(5))

COVER:

 

White (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court accepts eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1))


Briefs in the Supreme Court

Opening Brief on the Merits

WORD LIMIT:

 

14,000 words (Rule 8.520(c))

NOTE:

 

Must comply with rule 8.204. (Rule 8.520(b)(1)) Shall recite the issues granted for review. (Rule 8.520(b)(2))

DEADLINE:

 

30 days after granting review (Rule 8.520(a)(1))

COVER:

 

White (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court accepts eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1))


Answer Brief on the Merits

WORD LIMIT:

 

14,000 words (Rule 8.520(c))

NOTE:

 

Must comply with rule 8.204 (Rule 8.520(b)(1))

DEADLINE:

 

30 days after petitioner's opening brief (Rule 8.520(a)(2))

COVER:

 

Blue (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court accepts eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1))


Reply Brief on the Merits

WORD LIMIT:

 

8400 words (Rule 8.520(c))

NOTE:

 

Must comply with rule 8.204 (Rule 8.520(b)(1))

DEADLINE:

 

20 days after filing of respondent's brief on the merits (Rule 8.520(a)(3))

COVER:

 

White (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding.

FILE:

 

Original + 13 copies. The supreme court accepts eSubmission with the original + 8 copies filed in the court. (Rule 8.44(a)(1)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General, district attorney, defendant, SDAP, superior court, court of appeal. (Rules 8.212(c)(1), 8.500(f), 8.25(a)(1)) In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court, court of appeal. (Rules 8.500(f), 8.412(d), 8.25(a)(1))


Petitions for Extraordinary Relief

Petition for Writ of Habeas Corpus in the Appellate Courts

WORD LIMIT:

 

14,000 words (Rules 8.204(c), 8.384(a)(2))

NOTE:

 

Pro per petitioner should use form MC-275. (Rule 8.380(a)) Petitions prepared by attorneys must comply with rules 8.204(a) & (b), 8.40(b) & (c), and 8.490(b)(6). (Rule 8.384(b)(1)) For rules concerning exhibits, see rules 8.490(d) and 8.384(b)(3) - (b)(5).

DEADLINE:

 

No formal deadline

COVER:

 

Red (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Petitions electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) If exhibits are filed in a separate volume, file only the original exhibits in the Sixth District Court of Appeal. (Rule 8.44(b)(5)) In the Sixth District, the petition may be e-submitted and the original and 2 copies filed in the court of appeal; separately bound exhibits may then be e-submitted with no copies or originals filed in the court of appeal. (Misc. Order 12-4). In the Sixth District, petitions and exhibits must be e-filed, and the court must receive only the original within two days. If an immediate stay is sought, the original must be lodged the necxt day. (Local Rule 2.)
Original + 10 copies to the supreme court (rule 8.44(a)(2)), and original + 2 copies of the exhibits if they are in a separate volume (rule 8.44(a)(3)). The supreme court accepts e-submission with the original + 8 copies of the petition filed in the court; the same number of separately bound exhibits must be filed. (Rule 8.44(a)(2) & (a)(3)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General (rule 8.25(a)(1)), district attorney (Pen. Code, § 1475), defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, and SDAP.

 

Answer or Informal Response

WORD LIMIT:

 

14,000 words (rules 8.204(c), 8.386(c)) or as ordered by the court.

DEADLINE:

 

As directed by court order. Answers are normally due in 30 days. (See rule 4.551(d))

COVER:

 

Red for an answer (rule 8.40(b)); an informal response is often by letter brief.

BINDING:

 

For an answer, on left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape (Rule 8.204(b)(8)). Petitions electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) In the Sixth District, the petition may be e-submitted and the original and 2 copies filed in the court of appeal; separately bound exhibits may then be e-submitted with no copies or originals filed in the court of appeal. (Misc. Order 12-4) In the Sixth District, petitions, answers, and exhibits must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)
Original + 10 copies to the supreme court. The supreme court accepts e-submission with the original + 8 copies filed in the court. (Rule 8.44(a)(2)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, and SDAP.

 

Traverse or Informal Reply

WORD LIMIT:

 

14,000 words (rules 8.204(c), 8.386(d)) or as ordered by the court.

DEADLINE:

 

As directed by court order. A traverse is normally due in 30 days. (See rule 4.551(e))

COVER:

 

Red for a traverse (Rule 44(c)); an informal reply is often by letter brief.

BINDING:

 

For a traverse, on left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape (Rule 8.204(b)(8)). Petitions electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) In the Sixth District, the petition or informal reply may be e-submitted and the original and 2 copies filed in the court of appeal; separately bound exhibits may then be e-submitted with no copies or originals filed in the court of appeal. (Misc. Order 12-4). In the Sixth District, the traverse and exhibits must be e-filed, and the court must receive only the original within two days. (Local Rule 2.)
Original + 10 copies to the supreme court. The supreme court accepts e-submission with the original + 8 copies filed in the court. (Rule 8.44(a)(2)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Attorney General (rule 8.25(a)), district attorney (Pen. Code, § 1475), superior court, defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, and SDAP.

 

Petitions for Writ of Mandate or Prohibition in the Appellate Courts

WORD LIMIT:

 

14,000 words (Rules 8.204(c), 8.486(a)(6))

NOTE:

 

In the first paragraph of the pleading, describe any pending appeal in the first paragraph. (Rule 8.490(b)(3)) If a stay is requested, the petitioner must comply with rule 8.116. (Rule 8.490(b)(7)

DEADLINE:

 

Be aware that some statutes specify certain deadlines.

COVER:

 

Red. (Rule 8.40(b)) Mark "Related Appeal Pending" if filed concurrent with an appeal. (Rule 8.490(b)(3))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Petitions electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) If exhibits are filed in a separate volume, file only the original exhibits in the Sixth District Court of Appeal. (Rule 8.44(b)(5)) In the Sixth District, the petition may be e-submitted and the original and 2 copies filed in the court of appeal; separately bound exhibits may then be e-submitted with no copies or originals filed in the court of appeal. (Misc. Order 12-4). In the Sixth District, petitions and exhibits must be e-filed, and the court must receive only the original within two days. If an immediate stay is sought, the original must be lodged the necxt day. (Local Rule 2.)
Original + 10 copies to the supreme court (rule 8.44(a)(2)), and original + 2 copies of the exhibits if they are in a separate volume (rule 8.44(a)(3)). The supreme court accepts e-submission with the original + 8 copies filed in the court; the same number of separately bound exhibits must be filed. (Rule 8.44(a)(2) & (a)(3)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

 

Superior court and the real parties in interest. (Code Civ. Proc, § 1107) Attorney General or district attorney in criminal and delinquency cases (rule 8.25(a)), client, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court.

 

Petition for Extraordinary Writ From Setting Sec. 366.26 Hearing

WORD LIMIT:

 

14,000 words (See rules 8.204(c), 8.486(a)(6))

DEADLINE:

 

Must file notice of intent to file a writ petition in the juvenile court within 7 days after the hearing setting a section 366.26 hearing (12 days if after mailing notice if the client was not present at the hearing). Usually, the parent must sign the notice. (Rule 8.450(e).) The petition must be filed in the court of appeal within 10 days after the record is filed. (Rules 8.450(i)(2), 8.452(c)(1))

COVER:

 

Red (Rule 8.40(b))

BINDING:

 

On left edge, with any non-stapled binding. If stapled, bound edge and staples must be covered with tape. (Rule 8.204(b)(8)) The court prefers velo binding. Petitions electronically filed in the Sixth District need not be specially bound.

FILE:

 

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) In the Sixth District, the petition must be e-submitted and the original and 3 copies filed in the court of appeal. (Misc. Order 12-3) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. In the Sixth District, petitions and exhibits must be e-filed, and the court must receive only the original within two days. If an immediate stay is sought, the original must be lodged the necxt day. (Local Rule 2.)

SERVE:

 

County counsel, counsel for the minor, appellate counsel for the other parent (or the other parent), client, SDAP, superior court, CASA, foster parent, any de facto parent. (Welf & Inst. Code, § 294; rules 8.452(d), 8.25(a)(1))

 

Motions Concerning the Record

Omitted Record

DEADLINE:

 

In appeals from termination of parental rights, within 15 days of filing of the record. (Rule 8.416(d)(2)) Otherwise, it should be filed within 30 days of filing the record on appeal.

NOTE:

 

The letter automatically suspends the briefing schedule. See also rule 8.340(b).

COVER:

 

None (See rule 8.40(c))

BINDING:

 

Stapled

FILE:

 

Original in the superior court (Rule 8.155(b)(1))

SERVE:

 

The court of appeal (rule 8.155(b)), the parties, SDAP (rules 8.25(a), 8.54(a)(1)); should serve client. In the Sixth District, it may be e-filed with no originals or copies sent to the court of appeal.

 

Motion to Augment

DEADLINE:

 

In appeals from termination of parental rights, within 15 days of filing of the record. (Rule 8.416(d)(2)) Otherwise, it should be filed within 30 days of filing the record on appeal.

NOTE:

 

Should identify the date the document was made, why it would be useful on appeal, and attach a copy of the document to the motion or explain why one is not available. (Rule 8.402(a)) See also rule 8.340(d).

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Request for Judicial Notice

DEADLINE:

 

None

NOTE:

 

A request shall be in a motion separate from any brief. (Rule 8.252(a)(1)) The request shall include a proposed order. (Rule 8.252(a)(1)) In the Sixth District, the proposed order should be on a separate page with a case caption. The documents of which you wish to take judicial notice shall be attached to the request or it shall be explained why the documents could not be attached. (Rule 8.252(a)(2))

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 in the court of appeal (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Original + 8 in the supreme court (Rule 8.44(a)(4))

SERVE:

 

The parties, SDAP (ruler 8.25(a), 8.54(a)); should serve client

 

Transmittal of Exhibits

DEADLINE:

 

Within 10 days after the filing of respondent's brief (Rule 8.224(a)(1))

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original in the superior court (Rule 8.224(a)(1)) and serve the court of appeal. (Rule 8.224(a)(3)) In the Sixth District, it must be e-served with no copies or originals served on the court of appeal. Or file motion in court of appeal if later than 10 days after the filing of respondent's brief. (Rule 8.224(c)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Motion for Settled Statement

DEADLINE:

 

None

NOTE:

 

See rule 8.137; Marks v. Superior Court (2002) 27 Cal.4th 176, 192-194

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy in the court of appeal. (Rule 8.44(b)(4) Filing in the court of appeal is preferable. (See rule 8.155(c)(2)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Or original in the superior court (rule 8.137(a)(1)) and electronically serve the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Motion to Unseal the Record

DEADLINE:

 

None

NOTE:

 

See rules 8.160(f)(1), 8.324(b)(6)

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Other Motions

Motions in the Appellate Courts Generally

COVER:

 

None (See rule 8.40(c))

BINDING:

 

Stapled

FILE:

 

Original + 1 copy in the court of appeal, unless the court orders otherwise. (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Original + 8 copies in the supreme court. (Rule 8.44(a)(5))

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Application for Extension of Time

DEADLINE:

 

Before the deadline for filing the brief

NOTE:

 

Must show good cause; see rule 8.63. For appeals from termination of parental rights, must state exceptional showing for good cause. (Rule 8.416(f))

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy. (Rule 8.44(b)(7)) Provide clerk with 3 extra copies with one addressed, stamped envelope to AG and two to you. (Rules 8.50, 8.44(b)(7)) . In dependency cases, if there are additional parties, the movant must provide the additional copies and stamped, addressed envelopes. In the Sixth District, stamped addressed envelopes are not needed for SDAP, the Attorney General, or the Santa Clara County Counsel's Office. In the Sixth District, a request must be e-filed with no copies or originals filed in the court of appeal. In the Sixth District, a proposed order on a separate page with a case caption should be provided.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Abandonment

DEADLINE:

 

None

NOTE:

 

Must be signed by the attorney or the appellant. (Rules 8.244(c), 8.316(a)) It is recommended that it be signed by the appellant.

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original, no copies (See rule 8.316(b)(2)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8..25(a), 8.54(a)); should serve client

 

Withdrawal or Substitution of Attorney

DEADLINE:

 

None

NOTE:

 

Signed by the appellant and the new attorney (Rule 8.36)

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy. (Rule 8.44(a)(6) & (b)(6)) if stipulated by the client and the old and new attorneys. If there is no stipulation, must file a motion with an original + 3 copies in the court of appeal (rule 8.44(b)(4)), original + 8 copies in the supreme court (rule 44(a)(5)). In the Sixth District, it may be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)) and the old attorney; should serve client

 

Change of Address

DEADLINE:

 

None

NOTE:

 

See rule 8.32.

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original, no copies

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)), the client. In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Must also notify the State Bar (Bus. & Prof. Code, § 6202.1, subd. (a))

 

Translator Fees

DEADLINE:

 

None

NOTE:

 

Any translator fees of more than $250 must be approved by the court of appeal in the Sixth District Court of Appeal. For routine letters in Spanish or Vietnamese, pleae use the sample letters on this web site.

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.54(a)); should serve client

 

Strike a Brief

DEADLINE:

 

None, but it should be filed as soon as possible

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy in the court of appeal. (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Original + 8 copies in the supreme court. (Rule 8.44(a)(5))

SERVE:

 

Same parties that were served the brief.

 

Motion for Supplemental Brief or Relief to File Late Reply Brief

DEADLINE:

 

Submit the motion with the brief you are requesting to file.

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy in the court of appeal. (Rule 8.44(b)(4)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. Original + 8 copies in the supreme court. (Rule 8.44(a)(5))

SERVE:

 

Same parties that were served the brief.

 

Request for Oral Argument

DEADLINE:

 

None

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy (Rule 8.44(b)(6)). In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal.

SERVE:

 

Respondent, SDAP (rules 8.25(a), 8.54(a)(1)); should serve client

 

Request for Publication

GROUNDS:

 

Establishes a new rule, applies an existing rule to significantly different facts, modifies, or criticizes an existing published opinion; resolves or creates a conflict of law; involves a legal issue or is a matter of continuing public importance; review judicial or legislative history or is otherwise good writing. (Rule 8.1105(b))

DEADLINE:

 

20 days of the issuance of the opinion (Rule 8.1120(a)(3))

NOTE:

 

The request is made in the form of a letter (Rule 8.1120(a)(2))

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 1 copy. (Rule 8.44(b)(4)) It must be filed in the court of appeal. (Rule 8.1120(a)(2)) In the Sixth District, it must be e-filed with no originals or copies sent to the court of appeal. The court of appeal may grant the motion until the opinion is final. (Rule 8.1120(b)(1)) After the decision is final, the court of appeal can transfer the request to the Supreme Court. (Rule 8.1120(b)(2) & (c))

SERVE:

 

The parties, SDAP (rules 8.25(a), 8.1120(a)(4)); should serve client.


Request for Depublication

PAGE LIMIT:

 

10 pages (Rule 8.1125(a))

NOTE:

 

The request is made in the form of a letter (Rule 8.1125(a))

DEADLINE:

 

30 days after the decision was final. (Rule 8.1125(a)) The response is due 10 days later and follows the same format. (Rule 8.1125(b))

COVER:

 

None

BINDING:

 

Stapled

FILE:

 

Original + 8 copies. (Rule 8.44(a)(5)) It must be filed in the Supreme Court. (Rule 8.1125(a))

SERVE:

 

The parties and the court of appeal (Rules 8.25(a), 8.1125(a)(5))

 
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