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SUMMARY OF FILING REQUIREMENTS FOR BRIEFS AND OTHER DOCUMENTS IN NON-CAPITAL CRIMINAL AND JUVENILE CASES IN CALIFORNIA COURT OF APPEAL AND SUPREME COURT

(rev. June 2020)

 

PRELIMINARY NOTES

Applicability of charts

These charts apply in the "typical" situation of an appellant who is a defendant (criminal and delinquency) or parent (dependency). For special situations, such as a government appeal or cross-appeals, dependency minor's appeal, multiple dependency respondents, filings by amici curiae, etc., consult the California Rules of Court and ADI. The charts reflects the mandatory use of TrueFiling in the Court of Appeal and California Supreme Court. For paper filings, consult the rules and ADI. All rule references in the charts are to the California Rules of Court unless otherwise specified. The stand-alone Supreme Court Rules Regarding Electronic Filing are designated as SCRREF.

Calculation of due dates

If the date for doing an act falls on a day the court is closed, it is timely if done on next business day. (Code Civ. Proc., §§ 10, 12a, 12b, 135; rule 1.10.) Under Code of Civil Procedure section 12, on computation of time: “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." For emergency orders affecting due dates, see rule 8.66 and the court website.

Filing and service

Electronic documents are "filed" when received by court clerk's office. (See Cal. Rules of Court, rule 8.25(b)(1).)

ADI’s CHEAT SHEET provides information about service options in the Fourth Appellate District.

Sealed and confidential records

Filings referring to sealed and confidential records must comply with rules 8.45-8.47.

See ADI's pages on sealed and confidential records.

How to prepare electronic filings

Each Court of Appeal website has a treatment of electronic filing. The Fourth District page is at https://www.courts.ca.gov/4dca-efile.htm

 

CHARTS OF FILING AND SERVICE RULES


Contents

  • Due dates
  • Format
  • Cover (or first page)
  • Contents
  • Length
  • Service and filing

Variations appear according to the topic.

Charts

Opening, respondent, and reply briefs, and petitions for rehearing in the Court of Appeal

Petitions for review, answers, and replies

Non-capital briefs on the merits and petitions for rehearing in California Supreme Court

Non-capital habeas corpus proceedings in appellate court

Applications, motions, and misc. documents

 

Applications
Extensions of time
Other applications

Motions and oppositions to motions
Augmentations
Other motions

Miscellaneous documents
Abandonments
Record correction letter
Informal letter to superior court to correct credits
Motion in superior court to correct credits

 


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*The material found on this Web site is for informational purposes only. It should not be considered to be legal advice and is not guaranteed to be complete or up to date. Use of this Web site is not intended to create, and receipt of it does not constitute, an attorney-client relationship between the user and Appellate Defenders, Inc. (ADI) or any of the firm's attorneys. Readers should not rely upon or act upon this information without seeking professional counsel. See full disclaimer.