Filing Requirements - Sixth District Appellate Program

Effective January 1, 2014

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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. (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. No color for a cover of a brief electroncially filed.

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. No hard copies are submitted to the court if the brief is electronically filed.

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

SERVE:

Attorney General (rule 8.25(a)), district attorney (rule 8.360(d)(1)), the 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)) No color for a cover of a brief electronically filed.

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. No hard copies are submitted to the court if the brief is electronically filed.

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No color for a cover of a brief electroncially filed.

BINDING:

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

SERVE:

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. No color for a cover of a brief electronically filed.

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. No hard copies are submitted to the court if the brief is electronically filed.

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

SERVE:

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)) No color for a cover of a brief electronically filed.

BINDING:

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

SERVE:

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)) No color for a cover of a brief electronically filed.

BINDING:

FILE:

Original + 4 copies. (Rule 8.44(b)(1)) No hard copies are submitted to the court if the brief is electronically filed.

SERVE:

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))

NOTE:

Unless the court orders otherwise, 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)) No color for a cover of a brief electronically filed.

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. If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic.

FILE:

Original + 13 copies. Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic..

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)) No color for a cover of a brief electronically filed.

BINDING:

FILE:

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)) No color for a cover of a brief electronically filed.

BINDING:

FILE:

SERVE:

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. The Court has not required hard copies during the pandemic.

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. The Court has not required hard copies during the pandemic.

SERVE:

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:

FILE:

SERVE:

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:

FILE:

SERVE:

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)) No color for a cover of a brief electronically filed.

BINDING:

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)) No hard copies are submitted to the court if the brief is electronically filed.
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)). Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic.

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. No color for a cover of a brief electronically filed.

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)). No hard copies are submitted to the court if the brief is electronically filed.

FILE:

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3))No hard copies are submitted to the court if the brief is electronically filed.
Original + 10 copies to the supreme court. Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic.

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. No color for a cover of a brief electroncially filed.

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)). No hard copies are submitted to the court if the brief is electronically filed.

FILE:

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) No hard copies are submitted to the court if the brief is electronically filed.
Original + 10 copies to the supreme court. Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy. If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic.

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)) No color for a cover of a brief electronically filed.

BINDING:

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)) No hard copies are submitted to the court if the brief is electronically filed.
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)). If electronically filed, one unbound copy within 48 hours of filing. (S.Ct. Rules Regarding Electronic Filing, rule 5(a)) The Court has not required hard copies during the pandemic.

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)) No color for a cover of a brief electronically filed.

BINDING:

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.) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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. No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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. No hard copies are submitted to the court if the brief is electronically filed. 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)) No hard copies are submitted to the court if the brief is electronically filed.

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)). No hard copies are submitted to the court if the brief is electronically filed.

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, No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed. 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)) No hard copies are submitted to the court if the brief is electronically filed. 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)). No hard copies are submitted to the court if the brief is electronically filed.

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)) No hard copies are submitted to the court if the brief is electronically filed.. 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))