Practices & Procedures

Civil Appeal: A Notice of Appeal or cross appeal is filed with the clerk of the trial court from which the appeal is taken. (California Rules of Court.) Judicial Council (forms APP-001 and APP-002) may be used. A $775.00 filing fee or fee waiver is required.

Criminal & Juvenile Appeals: A Notice of Appeal is filed with the clerk of the trial court from which the appeal is taken. Judicial Council (form CR-120 or JV-800) may be used. No filing fee is required. California Rules of Court, (rule 8.304) or (8.400).

Juvenile Dependency & Notice of Intent: A Notice of Appeal is filed with the clerk of the trial court from which the appeal is taken. Judicial Council (form JV-825) for Extraordinary Writ - Juvenile Dependency; (JV-820) Notice of Intent; (JV-800) for appeals.

Limited Jurisdiction Civil Cases: Transferring cases within the appellate jurisdiction of the superior court to the Court of Appeal. See California Rules of Court, (8.1005) through 8.1008), on transfer and certification.

Misdemeanor Cases: See California Rules of Court, (rule 8.304 and 8.852).

Please see California Rules of Court, (rules 8.104) (Civil), (8.308) (Criminal) or (8.400) (Juvenile) for information on when to file the Notice of Appeal.

For criminal appeals: The clerk\'s and reporter\'s transcripts are automatically prepared under Cal. Rules of Court, (rules 8.320 - 8.336).

For civil appeals: Designate the clerk's transcript within 10 days after filing the notice of appeal, the appellant (appealing party) must serve and file a notice in superior court designating the documents to be included in the clerk's transcript with service of a conformed copy on the Court Of Appeal Cal. Rules of Court, (rule 8.124). Appellants choosing the clerk's transcript should proceed under (rule 8.122). Although exhibits are deemed part of the clerk's transcript, they are not automatically included or copied in the clerk's transcript. (Rules 8.122(a)(3).)

Appellants wishing to prepare their own appendix should elect to proceed under (rule 8.124). Judicial Council (forms APP-001 and APP-003) may be used.

Designation of reporter\'s transcript: Cal. Rules of Court, (rule 8.130) governs the request for a reporter\'s transcript and the fees associated with the ordering of a reporter's transcript.

If you have not received your record on appeal within 90 days for criminal cases or 120 days for civil cases, please contact the Superior Court's Civil or Criminal Appeals Unit.

Although exhibits are deemed part of the clerk\'s transcripts, they are not automatically included or copied in the clerk\'s transcript. (Rule 8.122(a)(3).) A party wanting a copy of an exhibit included in the transcript must specify that exhibit by number or letter in its notice of designation. If the exhibits have been released to counsel, counsel should transmit those exhibits to the superior court clerk pursuant to (rule 8.122(a)(3).) or to the Court of Appeal pursuant to (rule 8.224(b)(2).)

Within 10 days after the last respondent\'s brief is filed, a party wanting the reviewing court to consider any exhibits not in the clerk\'s transcript must serve and file a notice in superior court designating such exhibits and serve a copy on the reviewing court (rule 8.224(a).) A party in possession of the exhibits must put them in numerical or alphabetical order and send them to the reviewing court with two copies of the list of exhibits (rule 8.224(b)(2).)

After the period specified has expired, a party may apply for permission to send an exhibit to that court.

If the record is missing items that were previously designated, you will need to file a letter pursuant to Cal. Rules of Court, (rules 8.155(b), 8.340(b), and 8.410) in the superior court and serve a copy of the letter on the Court of Appeal.

If you forgot to designate certain items that were before the lower court and would like to add them to the record, you will need to file a Motion to Augment pursuant to Cal. Rules of Court (rule 8.155) (please see the Motions/Requests/Dismissals section below on how to file and serve the document).

If you would like to add new items to the record, you may either file a Request for Judicial Notice for items that were not before the lower court, Cal. Rules of Court, (rule 8.252(a).) or a Motion to Augment items that were before the lower court but were not designated, Cal. Rules of Court (rule 8.155) (please see the Motions/Requests/Dismissals section below on how to file and serve the document).

If you are an appellant or a cross-appellant in a civil appeal, you must serve and file a Civil Case Information Statement (CCIS) within 15 days after the superior court clerk mails the notification of the filing of your appeal (Rule 8.100(g)). Click here for the required form: APP-004. Your answers help the court to know whether the notice of appeal is on time and whether the judgment or order is appealable, among other things. Include a copy of the judgment or order from which you are bringing the appeal. Also attach a proof of service on all parties to the appeal.

The court will send you a notice of default if the clerk’s office does not receive your completed CCIS. You must cure the default within 15 days (generally by correctly filing the CCIS), or your appeal will be dismissed.

If you are only a respondent on a civil appeal and do not have a cross-appeal, you do not need to file a CCIS.

For civil appeals filed in the Third Appellate District, please see Local Rule 1.

Other than family, juvenile, guardianship, and conservatorship cases, each party to a civil appeal or writ must complete a form, called a "Certificate of Interested Entities or Persons," to let the justices know of potential conflicts of interest. Click for Judicial Council (form APP-008). You must include this form when you file your principal brief (including any petition for writ of mandate or review) after the cover and before the tables. If you file a motion (for example: to augment the record, to dismiss) prior to filing your principal brief, you must file your CCIS at that time; and, when you file your brief at a later time, include a copy of the form in your brief after the cover and before the tables. See (rules 8.208, 8.488, 8.495(c), 8.496(c) and 8.498(d).) You also have a responsibility to update this form if you learn of changed or additional information that must be disclosed (rule 8.208(f).)

1. You must file an appeal from a judgment in a limited civil case with the Appellate Division of the Superior Court (rule 8.800) et seq. You cannot appeal the Appellate Division\'s decision on appeal to the Court of Appeal; instead, the Appellate Division\'s judgment on appeal is conclusive. (See Code Civ. Proc. § 904.1(a)(1)(c), § 904.2.) (Limited civil cases are cases that used to be filed in municipal court before that court was unified with the superior court.) The rules for appeals to the Appellate Division are contained at Rules §§ 8.880 to 8.935.
2. You cannot appeal the Appellate Division\'s judgment granting or denying a petition for writ of mandate or prohibition if the judgment relates to a limited civil case. (Code Civ. Proc., § 904.1.)
3. You cannot appeal a superior court\'s de novo review in a small claims case. (Code Civ. Proc., § 116.780(a).)
4. The Court of Appeal has discretion to order an appeal to the Appellate Division of the Superior Court transferred to it when the Appellate Division certifies that such transfer "is necessary to secure uniformity of decision or to settle an important question of law.” (Rules 8.1002, 8.1005). The Court of Appeal approves a transfer only in exceptional circumstances, and is not bound by the Appellate Division\'s certification. The Court of Appeal also may order transfer on its own motion, or on a party\'s petition, but the court has a limited time to do so (rule 8.1008).

For Civil Appeals (CRC 8.212(a)

For Criminal Appeals (CRC 8.360)

See (rule 8.29) of the California Rules of Court for service on a nonparty public officer or agency. See Judicial Council (form APP-004) for a list of examples of statutory requirements. 

If your deadline to file a document or brief falls on a day (such as a Saturday, Sunday or holiday) in which the clerk's office is closed, then your filing deadline is automatically extended to the next day in which the clerk's office is open.  (Code Civ., Proc., § 12a.)  Click here for a list of court holidays.

For Civil Appeals (CRC 8.212(a)

For Criminal Appeals (CRC 8.360)

See (rule 8.29) of the California Rules of Court for service on a nonparty public officer or agency. See Judicial Council (form APP-004) for a list of examples of statutory requirements. 

If your deadline to file a document or brief falls on a day (such as a Saturday, Sunday or holiday) in which the clerk's office is closed, then your filing deadline is automatically extended to the next day in which the clerk's office is open.  (Code Civ., Proc., § 12a.)  Click here for a list of court holidays.

In civil cases with cross-appeals or multiple appeals, the parties must submit a proposed briefing sequence (preferably by joint agreement) within 20 days after the second notice of appeal is filed (rule 8.216(a).) The respondent's brief and cross-appellant's opening briefs are combined into a single document (yellow cover), as are the appellant's reply brief and cross-respondent's briefs (tan cover). (Rule 8.216(b).)

1. You may obtain an expedited appeal schedule, which may include expedited briefing and preference in setting the date for oral argument by promptly serving and filing a motion for calendar preference (rule 8.240).
2. Preferences may be granted for statutory reasons, including probate proceedings (Code Civ. Proc., § 44); arbitration (Code Civ. Proc. § 1291.2); eminent domain (Code Civ. Proc., § 1260.010); environmental impact reports (Pub. Res. Code, § 21167.1) and general plans (Gov. Code, § 65752).)
3. The court may exercise its discretion to grant calendar preference for good cause — for example, because of the parties' age, illness or condition raising "substantial medical doubt of survival." (See, e.g., Code Civ. Proc., §§ 36(a), 36(d).)

Civil Appeals

1. There is a 14,000 word limit for your brief, including footnotes. You must include a certification of word count at the end of the brief, stating the number of words. A brief produced on a typewriter must not exceed 50 pages. (Rule 8.204(c).)
2. There is a 28,000 word limit for combined respondent's / cross-appellant opening briefs, or for a combined appellant's reply brief / cross respondent's brief. (Rule 8.204(c)(4).)
3. You must apply to the Presiding Justice for permission to file a longer brief for good cause. (Rule 8.204(c)(5).) The court may require you to include your proposed brief with your application.

Criminal and Dependency Appeals

1. There is a 25,500 word limit for your brief, including footnotes. You must include a certification of word count at the end of the brief, stating the number of words. A brief produced on a typewriter must not exceed 75 pages. (Rules 8.360(b), 8.412(a).)
2. There is a 51,000 word limit for combined respondent's / cross-appellant opening briefs, or for a combined appellant's reply brief / cross respondent's brief. (Rule 8.360(b)(4).)
3. You must apply to the Presiding Justice for permission to file a longer brief for good cause. (Rule 8.360(b)(5).) The court may require you to include your proposed brief with your application.

Brief Covers & Binding

Brief colors

Appellant’s Opening Brief	green
Appellant’s Appendix	green
Respondent’s Brief	yellow
Respondent’s Appendix	yellow
Appellant’s Reply Brief	tan
Appellant’s Reply Appendix	tan
Joint Appendix	white
Amicus Curiae brief	gray
Answer to Amicus Curiae brief	blue
Petitions for Rehearing	orange
Answers to Petition for Rehearing	orange
Writs	red

The brief cover should be made out of stiff paper called "cardstock."

Include the following on your brief cover:

1. Brief title (e.g., Appellant's Opening Brief, Respondent's Brief, etc.)
2. Case title, Court of Appeal number and trial court number
3. Trial judge's or trial judges' names
4. The name, address, telephone number, California state bar number, and (preferably) the fax number and e-mail address of each attorney filing or joining in the brief.

Briefs shall be bound in book or pamphlet form with suitable covers. If stapled, the bound end and the staples should be covered with tape. (Rule 8.204(b)(8).) No plastic covers will be accepted.

Table of Contents & Table of Authorities

List the sections of the brief in the table of contents, by page number. The table of authorities should list the cases, in alphabetical order, the statutes and other authorities used in the brief. (Rule 8.204(a)(1)(A).)

Certificate of Interested Entities or Persons

Include a copy of the Certificate of Interested Entities or Persons (or a copy if previously filed) in your principal brief after the cover and before the tables. (Rule 8.208(d)(1).) The contents of the certificate are described in (Rule 8.208(e).) Click for Judicial Council (form APP-008).

Typeface, Margins, Spacing, and Type of Paper

The paper must be white or unbleached, 8½ x 11 inches. (Rule 8.204(b)(1).)

Do not use numbered paper. You may use both sides of the paper, unless you use a typewriter. (Rule 8.204(b)(4).) Be sure to consecutively number the pages. (Rule 8.204(b).)

Use single spacing only for block indented quotations, and for headings and footnotes. The brief text should be double-spaced or with 1½ spacing.

You may use any conventional roman typeface, but the type size must be at least 13 points. (Use the same type size for footnotes.) If your brief is typewritten, you must use pica type.

Record References

You must support your references to the record on appeal with a citation to the volume and page number of the clerk's transcript, reporter's transcript, or appendix where the matter appears.

Here are some suggested abbreviations for your record references:

1. Clerk's Transcript - "CT". For example, to cite to Vol. 4 of the clerk's transcript, page 206, lines 4 through 7, use "4 CT 206:4-7."
2. Reporter's Transcript - "RT". For example, to cite to Vol. 20 of the reporters transcript, page 1955, line 23 through page 1957, line 8, use "20 RT 1955:23-1957:8."
3. Joint Appendix - "JA". For example, to cite to pages 405 through 407 of a single volume Joint Appendix, use "JA 405-407.
4. Appellant's Appendix - "AA". For example, to cite to Vol.3 of an Appellant's Appendix, page 692, line 5 through page 693. line 7, use "3 JA 692:5-693:7.
5. Respondent's Appendix - "RA".
6. Appellant's Reply Appendix - "ARA".

Citation References

Use italics or underlining for case cites.

The comments to the appellate rules "encourage" you to follow the California Style Manual in your briefs and papers on appeal. See (Rule 8.204), Advisory Committee Comment. The most recent edition is the Fourth Edition, which was published in 2000.

Here are some examples of citations using the California Style Manual.

Case Citations The first time an opinion is cited in full, indicate the year of filing in parentheses immediately following the title. You don’t have to include parallel citations. Caution: California Rules of Court, (Rule 8.1115(a).) prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published.

• (Fair v. Bakhtiari (2006) 40 Cal.4th 189.)
• (Pico v. Sepulveda (1885) 66 Cal. 336.)
• (City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 1564.)
• Fund for Environmental Defense v. County of Orange (1988) 204 Cal.App.3d 1538, 1555 (dis. opn. of Crosby, J.)
• (United States v. X-Citement Video, Inc. (1994) 513 U.S. 64, 77.)
• (Craig v. United States (9th Cir. 1936) 81 F.2d 816.)
• (Dworkin v. Hustler Magazine, Inc. (D.C.Wyo. 1985) 611 F.Supp. 781.)
• Kemp Bros. Construction, Inc. v. Titan Electric Corporation (Jan. 23, 2007, G035607) ___ Cal.App.4th ___ http://www.courts.ca.gov/opinions (used as example of recently filed opinion)
• (In re FairWageLaw (Dec. 7, 2006, G037378) [nonpub. opn.].) (where appropriate to cite unpublished opinion under rule 8.1115(b)) Donato v. Moldow (N.J. Super.Ct.App.Div. 2005) 865 A.2d 711, 720-727

Statutes & Rules

• (Cal. Const., art. VI, § 10.)
  (U.S. Const., art. I, § 5, cl. 3.)
• Civil Code section 51
• (Bus. & Prof. Code, § 16700 et seq.)
• (Cal. Rules of Court, rule 8.200(a)(5).)
• (Ct App., Fourth Dist., Div. Three, Internal Practices and Proc., III A, Procedures for processing Cases.)

Treatises

• (4 Witkin, Summary of Cal. Law (9th ed. 1987) Real Property, § 800, pp. 977-978.) (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 1997) 8:15 to 8:18, pp. 8-4 to 8-6 (rev. # 1, 1998).)

Law Reviews & Books

• Deason, Enforcing Mediated Settlement Agreements: Contract Law Collides With Confidentiality (2001) 35 U.C. Davis L.Rev. 33, (Patel, Immunizing Internet Service Providers From Third Party Internet Defamation Claims: How Far Should Courts Go? (2002) 55 Vand. L.Rev. 647, 684.) (Rifkin, The Biotechnical Century (1998) pp. 137-139.) (Aragaki et al., A Litigator’s Guide to Effective Use of ADR in California (Cont.Ed.Bar 2005) §§ 12.14, 12.19.)

Attachments

You may attach up to 10 pages of exhibits or other materials in the appellate record to your brief. You may not attach matters that are outside the appellate record. (Rule 8.204(d).)

Joinder

If you are a party to an appeal, you may join in or adopt by reference all or part of another party's brief. (Rule 8.200(a)(5).)

Noncomplying Briefs

The clerk's office may refuse to accept your brief for filing if it does not comply with the court rules. Instead, it may be marked "received but not filed" and returned to you. Even if a noncomplying brief is accepted for filing, the court may later decide to return it for corrections and refiling.

Civil Appeals

1. Stipulations (Rule 8.212(b).) You may extend time to file a brief by up to 60 days by securing a stipulation from your opponent (Also see rule 8.42). The stipulation must be filed in the Court of Appeal before your brief is due, and becomes effective on filing. (Rule 8.212(b)(2).) You may e-file a stipulation for extension of time in lieu of filing an original and paper copy.
2. Applications to Extend Time (Rule 8.60(c).) If the other side refuses to stipulate, or if you need more time beyond the stipulation, you must file an application for an extension. (Rule 8.212(b)(3).) You may use Judicial Council Form APP-006 for extension requests.
3. Factors. Include specific facts to show good cause why the application should be granted. Explain when the brief is due, how long an extension is requested, the length of the record (by number of pages), and whether any prior extensions have been granted, their length and whether granted by stipulation or by the court. (Rules 8.60(c). and 8.63(b).) In determining good cause, the Presiding Justice considers such factors as: the degree of prejudice to any party, the position of the client and the opponent, the length of the record, and the number and complexity of the issues raised, whether the case is entitled to priority, and specific obligations of counsel in other cases, among other factors. See (rule 8.63)
4. Opponent's Position. It is helpful, and will speed the processing of an application, if you indicate the position of opposing counsel in a declaration indicating when opposing counsel was contacted and his/her response.
5. Proposed Order. You may include a proposed order, to be signed by the presiding justice.
6. Proof of Service. Include a proof of service on opposing counsel and upon your client. The proof of service does not have to include the client's address. (Rule 8.60(f).)
7. Filing Requirements. File an original of your extension request (no cover) with the court. In addition, you must supply sufficient copies of the application and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).)

Criminal Appeals & Dependency Appeals
(Except termination of parental rights or dependency appeals from Orange, Imperial & San Diego counties).

1. You cannot stipulate to extend the time for filing a brief in a criminal case. (Rule 8.360(c)(4).)
2. You may apply to the Presiding Justice for an extension on a showing of good cause. (Rules 8.60, and 8.360(c)(4).) Your request must contain specific facts showing good cause for granting the application and state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted, their length and whether granted. (Rules 8.50, 8.60(c), and 8.63(b).) In determining good cause, the Presiding Justice considers the factors listed in (rule 8.63(b).)
3. File an original plus one copy of the application (no cover) with the clerk's office. You must include a proof of service on all parties to the appeal or proceeding. In addition, you must supply sufficient copies of the application and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).) NO envelope is necessary for the Attorney General or the program.

(Extensions - Appeals from all terminations of parental rights and all dependency appeals in Orange, Imperial & San Diego counties )

1. You may apply to the Presiding Justice for an extension of time, but you must show "exceptional" good cause. (Rules 8.841(f), 8.450(d).) Your request must contain specific facts to meet this very high standard, and must state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted, their length and whether granted. Rules 8.50, 8.60(c), and 8.63(b).) In determining exceptional good cause, the Presiding Justice considers the factors listed in (Rule 8.63(b).) including the priority granted to dependency proceedings.
2. File the original request for an extension (no cover) with a proof of service on opposing counsel together with copies and preaddressed, stamped envelopes for each party, including yourself. (Rule 8.50(c).) Once the court has ruled on the request, the copies will be conformed and mailed to the parties in the envelopes provided.

(Rule 8.220(a).) Notices (formerly called "Rule 17(a) notices" before the appellate rules were renumbered in January 2007)

1. Last-Chance "Grace Period." If an appellant's opening brief or a respondent's brief is not timely filed, the court will send a notice under (Rule 8.220(a).) This notice automatically gives you a last-chance grace period in which to file either of these briefs, but it also warns you of serious sanctions if you miss this deadline.
   1. For civil appeals, the notice gives you an additional 15 days from the date of mailing for your appellant's opening brief or respondent's brief. (Rule 8.220(a).)You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period, and show good cause. (Rule 8.220(d).)
   2. For criminal appeals and dependency appeals excluding appeals from Orange, Imperial & San Diego Counties and excluding termination of parental rights appeals, the notice gives you an additional 30 days within which to file your appellant's opening brief or respondent's brief. (Rule 8.360(c)(5).) You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period and show good cause. (Rule 8.220(d).)
   3. For dependency appeals from all terminations of parental rights and all dependency appeals in Orange, Imperial and San Diego Counties, the notice gives you an additional 15 days within which to file the brief. (Rule 8.416(g).) Further extensions in dependency appeals require a showing of "exceptional" good cause. (Rule 8.416(f).)

   No Further Notices. This court will only issue one (rule 8.220) notice for any particular brief. If any additional extensions are granted, the court may impose the sanctions for late briefs without further notice. (Rule 8.220(d) and 8.412(d)(3).)

Requests for judicial notice must be made by separate motion.  Requests for judicial notice may not be included within a brief alone. (Rule 8.252(a)(1).) Explain the relevance of the matters sought to be noticed.  Include a copy of the matter to be judicially noticed, or explain why it is not practicable to do so. (Rule 8.252(a)(2). and 8.252(a)(3).) The court may immediately rule on the request for judicial notice or may defer the ruling until it decides the merits of the appeal.

Appellate sanctions are only awarded by motion of a party or on the court's own motion.  Sanctions requests may not be included in appellate briefs. The court will not consider a sanctions request that is only made in a party's brief. A party's motion for sanctions must be served and filed no later than 10 days after an appellant's reply brief is due. (Rule 8.276(b).)

Grounds include: taking a frivolous appeal, appealing solely to cause delay, unreasonably violating court rules or a court order, and filing an appendix that contains inaccurate copies of documents. (Rules 8.124(g). and 8.276(a).)

The court will provide written notice to the parties if it is considering sanctions. Only then should the opposing party file an opposition to the sanctions motion. Any opposition must be served and filed within 10 days after the court gives such notice. (Rule 8.276(d).) Oral argument on the sanctions motion usually is heard in conjunction with the appeal on the merits.

If the record on appeal has not been filed in the Court of Appeal, a written abandonment by appellant or stipulation for abandonment must be filed with the clerk of the superior court, who will then forward it to this court Cal. Rules of Court, (rule 8.244(b)(1).) and (8.57(a).) If a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal, in conformance with the district's policies regarding motions.

If the record on appeal has been filed in the Court of Appeal, a written request by appellant or stipulation for dismissal must be filed with the clerk of the Court of Appeal. If the parties stipulate to dismiss the appeal, the parties may stipulate to costs and issuance of the remittitur. If there is no such stipulation, respondent will be awarded costs and the remittitur will be issued on the 61st day after the filing of the order to dismiss. Again, if a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal, in conformance with the district's policies regarding motions.

The Court of Appeal accepts only original signatures on motions as well as all other documents (except for computer generated briefs, which do not need to be signed). The original signature of at least one party must appear on a stipulation for extension of time; the signatures of other parties may be in the form of fax copies of the signed signature page (rule 8.42).

The Court of Appeal generally does not conduct hearings on motions.

The court does not transcribe oral arguments, however, a recording is available.

You may purchase a recording of oral argument in an individual case for $20. Checks should be made payable to Clerk, Court of Appeal. The fee is required prior to preparation. 

The Court of Appeal retains jurisdiction for 30 days from the filing of its opinion. If it fails to act on the petition within the 30-day period, the petition will be deemed denied under Cal. Rules of Court, (rules 8.264(b)(1) and 8.268(c).)

Oral argument dates cannot be continued solely on stipulation of counsel. Requests to continue argument or waive an appearance must be in writing, have a proof of service, and be approved by the court.

The "Submission" Date. The "submission" date triggers the deadline for appellate decisions. The court files a written opinion within 90 days after it has been submitted for decision. (G.C. 68210 and Article 6, Section 19, Calif. State Constitution.)

Oral Argument Cases. A case is generally "submitted" at the end of oral argument, as directed by the Presiding Justice. However, if the Presiding Justice allows the parties to submit supplemental post-argument letter briefs, the case will be deemed submitted when the supplemental briefs are due or have been filed. (Rule 8.256(d)(1).)

"Waiver" Cases. If there is no oral argument, the case is submitted at the conclusion of briefing and when the court accepts the waiver of argument. (Rule 8.256(d)(1).)

Vacating Submissions. The court may vacate the submission for good cause (for example, to consider the impact, if any, of a new Supreme Court opinion, or to consider diverging views by one or more panel members). The resubmission order will set a new timetable for the decision. (Rule 8.256(e).)

The Court of Appeal has jurisdiction over an appeal for 30 days from the date the opinion was filed or a request for publication was granted or an opinion was modified in a manner that changed the judgment. The court cannot modify or change an opinion or grant rehearing after an opinion becomes final. (Rules 8.264(b)(1), 8.264(b)(3), 8.264(c)(2) and (8.268(a)(2), 8.268(c).)

While the Court of Appeal may shorten the time for finality for good cause, it may not extend it. (Rules 8.264(b)(3), 8.264(c), 8.268(c) and 8.490(b).) Dismissals of appeals on request or stipulation become final immediately, as do summary denials of writ petitions. (Rule 8.264(b)(2).)

The parties only have 10 calendar days from the date of finality to file a petition for review with the California Supreme Court. (Rule 8.500(e).)

The remittitur, the document which returns jurisdiction to the superior court, will be issued by the Court of Appeal 61 days after the filing of its opinion, barring any time extensions by the Supreme Court. The remittitur alerts counsel to file their cost bill in superior court. See Cal. Rules of Court, (rule 8.278) for costs on appeal. Counsel have 40 days from the date the remittitur is issued to file a memorandum of costs in superior court as prescribed by (rule 3.1700).

(Rules 8.1105 and 8.1110), CRC, set forth the bases for evaluating whether an intermediate appellate court opinion should be published, in full or in part. Factors the court is required to consider include whether the opinion:

1. Establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, explains, or criticizes with reasons given, an existing rule;
2. Resolves or creates an apparent conflict in the law;
3. Involves a legal issue of continuing public interest; or
4. Makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law.

A $775 filing fee is required on all writs except for criminal proceedings, juvenile matters, writs of supersedeas (if not paid with the appeal) or Workers' Compensation Appeals Board (WCAB) writs of review and all petitions for a writ resulting from contempt proceedings. Government agencies are also exempt.  Make checks and money orders payable to: Clerk, Court of Appeal. An indigent petitioner may submit a request for waiver of fees on Judicial Council (form FW-001).

The procedural requirements for writ petitions vary depending on the type of petition.  Refer to the following Rules of Court:

• (Rule 8.452) or (8.456) (dependency writs)
• (Rule 8.112) (supersedeas),
• (Rule 8.116), (8.384), (8.485), (8.486) and (8.498)  (all other writs)

Cal. Rules of Court, (rule 8.204(c)(1).) does apply to petitions Cal. Rules of Court, (rule 8.485) and (8.486(a)(6).) In fact, a petition must comply with (rule 8.204) in its entirety if you are filing a petition for writ of mandate, certiorari or prohibition.

Emergency Stay Requests

1. The cover must state "IMMEDIATE RELIEF REQUESTED."
2. The cover must include the name and telephone number of the trial judge whose order the requests seeks to stay. (Rule 8.116(b).)
3. It may be useful to give the clerk's office advance telephone notice of your intent to file a writ petition later in the day. This is particularly true if your petition may be filed shortly before the filing window is due to close, or in close proximity to a weekend or holiday. Be sure that you have personally served the petition, and adequately explained the urgency of the writ petition.

See (rules 8.112) and (8.116).

Other Stay Requests

For other temporary stay requests, the document's cover must prominently display the notice "STAY REQUESTED", and identify the nature and date of the proceeding sought to be stayed. (Rule 8.116(a).)

File the petition as soon as you can.  The petition is deemed filed when the documents are received by the clerk's office.  The special rules for overnight delivery of briefs do not apply to writs. (Rule 8.25(b)(4).)

NONSTATUTORY 60-Day Rule:

Formatting: Exhibits must contain a table of contents listing exhibits by document title and corresponding index-tab, be tabbed (by number or letter) on the right hand side and consecutively paginated. Include a comprehensive table of contents covering all volumes. (Rule 8.486(c)(1).) Use a red cover.

Number of Pages: Don't put more than 300 pages in any single volume of exhibits. Consecutively number the pages. (Rule 8.486(c)(1)(A).) If you don't have many exhibits, you may bind them together in a single volume with the writ petition, in which case the exhibits should be consecutively numbered with the petition.

Filing: You only need to file an original of the exhibits if they are bound separately from the petition. (Rule 8.44(b)(5).)

Service: You must serve a complete set of the exhibits on each real party in interest. You do not have to serve a copy of the exhibits on the superior court. (Rule 8.486(e)(1).)

Rules 8.45, 8.46, and 8.47) govern sealed and confidential records and petitions.

1. Preliminary Opposition

   You are not required to oppose a writ petition, and you may elect to wait until invited to do so by the court. The court ordinarily will not issue an alternative writ, order to show cause or a peremptory writ without first inviting a response from you by written notice/order.
    

   1. Filing. Unless the court specifies a different due date, your preliminary opposition should be served and filed within 10 days after the petition is filed. (Rule 8.487(a)(1).) Opposition to a petition for writ of supersedeas is due within 15 days, unless the court orders a different time. (Rule 8.112(b)(1).) A responsive fee is due in civil cases.
   2. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons in your preliminary opposition, or, if no opposition is filed, in your return, if any. CRC (8.488(c)(2).) Click here for Judicial Council (form APP-008).
   3. Contents. Your preliminary opposition should explain or correct any factual or legal inadequacies in the petition, and should point out why writ relief is not appropriate or why the petitioner has other remedies. The preliminary opposition need not contain a full-blown legal analysis. If necessary you will have another chance when you file your return.
   4. Formatting. The preliminary opposition is bound by a red cover. (Rule 8.40(b)(1).) It may be relatively informal, and should explain why there is no urgency or why the case is too complex or disputed to permit such a summary remedy.
   5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your opposition should fully and completely brief the legal and factual issues, since this may be your only opportunity to do so. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

       

2. Return

   You should file a return if the court issues an order to show cause, or an alternative writ. (Rule 8.487(b)(2).)
    

   1. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons if you did not previously include it in your preliminary opposition, if any. (Rule 8.488(c)(2).) Click here for Judicial Council (form APP-008).
   2. Filing. The return is due on the date specified by the court; if no date is specified, the return is due within 30 days after the court issues the alternative writ or order to show cause. (Rule 8.487(b)(2).) The return is deemed filed when received by the clerk's office. The special rules for overnight delivery of briefs do not apply to writs. (Rule 8.25(b)(4).) A responsive fee is due in civil cases.
   3. Formatting. The return, like the petition, is a pleading, and should contain the return itself (in the form of an verified answer, demurrer or both), a table of contents and table of authorities, a legal memorandum of points and authorities, and a certificate of the word count, not to exceed 14,000 words. (Rules 8.204(c)(1), (8.485(a) (8.486(c)(1)(C).) Use a red cover. (Rule 8.40(b)(1).)
   4. Verification. The return should include a statement of "any material fact not included in the petition," but if you do include such facts, you must verify them. (Rule 8.487(a)(2) and (8.487(b)(1).) Also, use the verified answer to deny any material facts alleged in the petition. Without a verified answer, the court may accept petitioner's factual allegations as true.
   5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your return should fully and completely brief the legal and factual issues, since this may be your only opportunity. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

Reply to Preliminary Opposition: A petitioner may file an optional reply in support of a writ petition after receiving preliminary opposition from the other side.  You may serve and file a reply within 10 days after the preliminary opposition is filed. (Rule 8.487(a)(3).) But be aware that the writ panel already may have reached a decision on your writ petition before this time!

Reply to Return: You may have a longer period of time to file a reply if the court issues an alternative writ, order to show cause or a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance). The court usually will specify the deadline for such a reply in the alternative writ or order to show cause. If it does not, you have 15 days to serve and file a reply after the return or opposition is filed. (Rule 8.487(b)(3).)

Filing with the Appellate Division:

You should file a writ petition challenging a ruling in a limited civil case with the Appellate Division of the Superior Court, not with the Court of Appeal. That is because the Appellate Division is the next higher court capable of granting relief.

1. The rules for appeals to the Appellate Division are contained at (rule 8.800) to (8.936).

Filing with the Court of Appeal:

1. If you do choose to file a writ petition with the Court of Appeal from a ruling in a limited civil case, you must indicate whether you have previously filed with the Appellate Division and, if yes, how the Appellate Division ruled. Attach a copy of the Appellate Division's decision.
2. If you have not previously filed with the Appellate Division, you must specify the extraordinary circumstances making it proper to file the petition with the Court of Appeal in the first instance. (Rule 8.486(a)(1).)
3. Since the Appellate Division is the proper forum for appellate review of rulings in limited civil cases, you probably cannot get a "second bite at the apple" from the Court of Appeal. Your writ petition should explain why your case involves a public interest issue of statewide importance, or why writ review by the Court of Appeal is necessary to settle an important question of law.

Appellate Division Transfers:

Appellate division transfers are considered under Code of Civil Procedure section 911 and (rules 8.1000) et seq. Under the Rules of Court, transfer may be ordered only where the appellate division has either published its opinion or certified the case for transfer or upon a party’s petition to transfer. The Court of Appeal has “uncontrolled discretion” to grant or deny transfer. (Dvorin v. Appellate Dept. (1975) 15 Cal.3d 648, 650.) Transfer will be ordered only if the Court of Appeal determines “that transfer is necessary to secure uniformity of decision or to settle an important question of law.” (Rule 8.1002.)

The writ panel discusses the merits of the writ petition at the writ conference and decides upon an appropriate remedy. The writ panel has a number of procedural options.

1. Summary Denial. The writ panel may deny the writ petition without opposition, or the writ panel may issue an order denying the writ after preliminary opposition has been filed or after the deadline for preliminary opposition has passed.
   1. The writ petition or stay request may be summarily denied if the petitioner doesn't submit an adequate record or explain why some documents are missing and what they would have contained. The writ petition or stay request also may be rejected or delayed if the petitioner doesn't meet other procedural requirements for service (including personal service for requests for emergency stays), verification, certificate of interested entities. (Rule 8.486(b)(4).) If a transcript of the hearing has been ordered, but is not yet available, the writ petition may be delayed until the transcript arrives. (Rule 8.486(b)(3)(A).)
   2. There is no right to an oral argument for a summary denial.
   3. A summary denial of a writ petition is final immediately, and the court loses jurisdiction over the matter. (Rule 8.264(b)(2)(A).) 6th District says (rule 8.490(b)(1).)
2. Alternative Writ. The writ panel may issue an alternative writ to provide the superior court with a second chance to change its ruling. The alternative writ directs the petitioner to serve the alternative writ upon the superior court and provides the court an additional period of time in which to comply with the alternative writ.
   
   1. If the superior court reverses its ruling, the writ petition will be denied as moot. The petitioner should immediately notify the Court of Appeal if the superior court complies with the alternative writ.
   2. If the superior court does not comply with the alternative writ, the alternative writ usually will specify a deadline for a return to be filed by the real party in interest, and for an optional reply to be filed by petitioner. (Rule 8.487(b).) [Note: if the court does not set a deadline, the return is due within 30 days, and the reply is due within 15 days.] (Rules 8.487(b)(2) & (3).) The alternative writ also may set a date for oral argument, and the matter ultimately will be decided by written opinion with reasons stated. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.490(b) and 8.499(c)(2).)
3. Order to Show Cause. If the Court of Appeal wants further briefing and argument on the issues raised by the writ petition, the court will directly issue an order to show cause (OSC) to the real party in interest without issuing an alternative writ. The order to show cause will specify a deadline for the real party's "return." and for the petitioner's reply. (Rule 8.487(b).) The order to show cause also may set a date for oral argument. The court will file a written opinion whether or not relief is granted. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.490(b).)
4. Peremptory Writ. Peremptory writs are reserved for exceptional situations where either (i) some "unusual urgency" justifies acceleration of the normal writ process or (ii) petitioner's entitlement to relief is "so obvious that no purpose could reasonably be served by plenary consideration of the issue." This may occur where there has been clear error under well-settled principles of law and undisputed facts. (See Lewis v. Superior Court (1999) 19 Cal.4th 1232.)
   
   1. "Palma Notice". The Court of Appeal will not issue a peremptory writ in the first instance unless you have been given what is called a "Palma notice." (The name of the notice comes from the California Supreme Court decision in Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.) The Palma notice puts the real party in interest on notice that the court may issue a peremptory writ in the first instance, without a prior alternative writ.
      1. You may receive a Palma notice in the prayer of the petition itself if the petitioner asks the Court of Appeal to issue a peremptory writ in the first instance.
      2. The Court of Appeal may issue a Palma notice by separate court order.
   2. The court may (or may not) decide to have oral argument on peremptory writs.
   3. A written opinion granting a peremptory writ in the first instance becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rule 8.49(b).)

The Court of Appeal is not bound by a time limit for ruling on a petition. The consideration of any particular writ depends upon the urgency of the relief, the adequacy of the record, whether preliminary opposition is requested, the size and complexity of the writ petition and the other matters for the writ panel to consider.

A petitioner who requests an immediate stay must explain in the petition the reasons for the urgency and set forth all relevant time constraints.  In addition, the date of the requested stay must be stated on the front cover.

Show proof of service on the clerk of the superior court and opposing counsel.  The proof of service must indicate the party represented by each attorney served and must give the telephone number of each attorney..  Providing the State Bar number of each attorney on the proof of service may expedite the processing of your writ petition.

A petition for an extraordinary writ that seeks review of a superior court ruling must be accompanied by the following: a copy of the order or judgment from which relief is sought; copies of all documents submitted to the superior court supporting and opposing petitioner's petition; and a transcript of the proceedings leading to the order or judgment in the superior court.  Failure to provide an adequate record is ground for denial.

Exhibits to the petition must be tabbed, consecutively paginated, and accompanied by a table of contents. Include a comprehensive table of contents covering all volumes.

No bound documents can exceed 300 pages per volume.

The Court of Appeal does not make copies of the record or briefs. The Court of Appeal makes records available for viewing but it is up to the party to either hire a copy service if he/she wants copies made or use the self-service copier for 25 cents per page.

Most docket sheets may be obtained online.

Records may be viewed in the Clerk's Office lobby during regular office hours. You may want to call ahead to verify the record is available before visiting.

1. Call to verify the availability of the record.
2. Provide the court with the retrieval fee of $20.00. The court accepts checks, cash or money orders. Make your check payable to "Clerk, Court of Appeal". Once the fee has been received, the record will be ordered. Upon receipt of the record, the party will be notified.

Call to verify procedure.

Yes.Call the Court of Appeal to verify the availability of the record before visiting. Inactive cases may be offsite.

Criminal and Civil files are public record and available for viewing unless they have been sealed by the Court. However, juvenile, paternity and mental health cases are confidential and not available to the public.

Court of Appeal records may not be taken offsite under any circumstances. Records may only be viewed in the lobby.

Generally, a record requested from offsite storage will arrive within one week.

Public records will be made available for viewing for as long as the individual needs, unless there is a need by the Court of Appeal or Supreme Court for the file.

The Court cannot receive requests by fax or other electronic methods.  Nor can the documents be transmitted to the requesting party electronically at this time.

Not at this time. The Court of Appeal only accepts payments by check or cash.

Not at this time.  The one exception is opinions as mentioned above.

1.     The case is under review with the Court: Please contact the Clerk's Office for more information as to when the record may become available.

2.     The Supreme Court has granted review of the case: In these circumstances, the record is only available through the Supreme Court.  Please contact their San Francisco location at 415-865-7000.

3.     The case has been destroyed: The Record Retention Schedule is as Follows:

Civil Records: 10 years

Criminal and Juvenile Records: 20 years

Some records may be preserved locally or archived at the California State Archives in Sacramento.  For more information regarding archived records, please see the California State Archive website at: http://www.sos.ca.gov/archives/

The only time you may do this is if you have the appropriate equipment to rebind the documents. The exception is documents with tape binding.  These documents may not be unbound under any circumstances.  Additionally, cases from the 1980s and prior may contain documents printed on very thin onion paper.  Copying/scanning these documents with a feeder will require special equipment able to handle this sensitive paper. If you do not have access to this type of equipment these documents must be copied on the glass surface of the copier/scanner.

The purpose of this document is to provide members of the bar and other interested persons with the general operating practices and procedures of the Court of Appeal, Third Appellate District.

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