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, regardless of when you were 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))

COVER:

Green (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 + 4 copies. (Rule 8.44(b)(1))
Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

Attorney General (rule 8.29(c)(2)(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)(1))

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)) 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.

FILE:

Original + 4 copies. (Rule 8.44(b)(1))
Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

Attorney General (rule 8.29(c)(2)(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)(1))

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 "rule 17(a) 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.

FILE:

Original + 4 copies. (Rule 8.44(b)(1))
Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

Attorney General (rule 8.29(c)(2)(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)(1))

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.

FILE:

Original + 4 copies. (Rule 8.44(b)(1))
Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

Attorney General (rule 8.29(c)(2)(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)(1))

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.

FILE:

Original + 4 copies. (Rule 8.44(b)(1))
Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

SERVE:

Attorney General (rule 8.29(c)), 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)(1))

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 (rule 8.264(b)(1)), modifying the judgment or issuing a new opinion after granting rehearing (rule 8.264(c)(2)), or granting publication (rule 8.264(b)(5)). 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)) But voluntary dismissal is final immediately. (Rule 8.264(b)(2)(E)) Denial of bail pending appeal or a motion to reduce bail pending appeal is final immediately. (Rule 8.264(b)(2)(C))

*

A decision granting relief on a writ petition is final 30 days after the decision. A decision denying relief after issuing an OSC is final 30 days after the decision. (Rule 8.264(b)(1) & (2)) Denial of a habeas corpus petition made on the same day as the opinion is final when the opinion is final. (Rule 8.264(b)(4)) Must file one petition for review if the habeas matter is formally consolidated with the appeal. (Rule 8.500(d)) Otherwise, must file a separate petitions for review. (Rule 8.500(d)) Summary denial of a habeas corpus petition on a day separate from issuing the opinion is final immediately. (Rule 8.264(b)(2)(A))

*

Summary denial of a writ petition is final immediately. (Rule 8.264(b)(2)(A)) Any denial of a petition for writ of supersedeas is final immediately. (Rule 8.264(b)(2)(B))

*

A decision on a writ petition may be final in less than 30 days if so ordered by the court. (Rule 8.264(b)(3))

COVER:

White. (Rule 8.40(b)) If it is a rule 8.508 petion, must state prominently on the cover "Petition for Revoew 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. (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))

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:

20days 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. (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))

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. (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))

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. (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))

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. (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))

WORD LIMIT:

4200 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. (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))

PAGE LIMIT:

None

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 14(b)(8)) The court prefers velo 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)) 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.

SERVE:

Attorney General (rule 8.29(c)(2)(A)), superior court, defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. In Supreme Court, also serve the court of appeal.

PAGE LIMIT:

None unless ordered by the court (See rule 8.380)

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))

FILE:

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) Original + 10 copies to the supreme 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 8.29(c)(2)(A)), superior court, defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. In Supreme Court, also serve the court of appeal.

PAGE LIMIT:

None unless 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))

FILE:

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) Original + 10 copies to the supreme 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 8.29(c)(2)(A)), superior court, defendant, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. In Supreme Court, also serve the court of appeal.

WORD LIMIT:

14,000 words (Rules 8.204(c)((1), 8.490(b)(3))

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.

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)) 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.

SERVE:

Superior court and the real parties in interest. (Code Civ. Proc, § 1107) Attorney General in criminal and delinquency cases (rule 8.29(c)(2)(A)), client, SDAP. In dependency cases, county counsel, counsel for the minor, appellate counsel for the other parent (if any), client, SDAP, superior court. In Supreme Court, also serve the court of appeal.

WORD LIMIT:

None

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.

FILE:

Original + 4 copies to the court of appeal. (Rule 8.44(b)(3)) Should send an extra copy with a stamped, self-addressed return envelope to receive a file stamped copy.

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))

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 (rule 8.54(a)(1)); should serve client

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 + 3 copies (Rule 8.44(b)(4))

SERVE:

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

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)) 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 + 3 in the court of appeal (Rule 8.44(b)(4)) Original + 8 in the supreme court (Rule 8.44(a)(4))

SERVE:

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

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)) Or file motion in court of appeal if later than 10 days after the filing of respondent's brief. (Rule 8.224(c))

SERVE:

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