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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. April 2016)

 

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 the ADI California Appellate Practice Manual.

Rule references

All rule references are to the California Rules of Court.

Calculation of due dates

If 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)

Filing

Documents are "filed" when received by court clerk's office. BUT:

  • documents specified in rule 8.25(b)(3) are considered timely if mailed by priority or express mail or delivered to overnight carrier on or before due date;
  • documents delivered by inmate to custodial officials for mailing by due date are deemed timely under rule 8.25(b)(5)

Sealed and confidential records

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

Division One will not accept sealed documents through TrueFiling. Panel attorneys must file a redacted brief (sealed material excised) through TrueFiling. The unredacted brief must be filed on paper. (See Cal. Rules of Court, rule 8.46 for requirements.) The court requests that counsel send a CD containing the unredacted brief with the paper version of the brief.

Electronic service and filing

The rules for filing and service, as stated in these charts, were written with paper copies in mind. Many parts of the rules are affected by the availability of electronic filing and service. Just a few examples include those dealing with paper types, binding, number of filing copies, etc. But many others are unaffected, including dates, length, font and margins, sections of the briefs, service requirements, etc. If common sense does not make it clear what is affected or not, counsel should contact the court or ADI.

Counsel should consult ADI alerts and the court website for the phase-in of TrueFiling in the Fourth Appellate District. Where TrueFiling is in effect in the Fourth District, filing is governed by local rule 5 of the Fourth District Local Rules. Where TrueFiling is not yet applicable, the older e-filing and e-submission rules apply.

Local rule 5 affects formatting of briefs, as well as filing method. Counsel should follow its provisions carefully. Examples of changes from former practices would be the requirement of bookmarking sections of documents filed, text searchable PDF, and consecutive pagination starting with the cover.

ADI’s Cheat Sheet provides information about service options.


CHARTS

COMBINED CHART
__________________________________________

CHARTS FOR DIFFERENT TYPES OF DOCUMENTS

OPENING, RESPONDENT, REPLY BRIEFS, AND PETITIONS FOR REHEARING IN THE COURT OF APPEAL

Due dates
Format
Cover
Contents
Length
Service and filing

PETITIONS FOR REVIEW, ANSWERS, AND REPLIES

Due dates
Format
Cover
Contents of petition other than exhaustion petition
Contents of exhaustion petition
Contents of answer
Attachments to petition
Length
Incorporation by reference
Service and filing

NON-CAPITAL BRIEFS ON THE MERITS AND PETITIONS FOR REHEARING IN CALIFORNIA SUPREME COURT

Due dates
Format
Cover
Contents
Length
Attachments
Service and filing

NON-CAPITAL HABEAS CORPUS PROCEEDINGS IN APPELLATE COURT

Due dates
Format
Cover
Contents and accompanying documents
Length
Service and filing

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.