Filing Rules & Service Chart

Form of the Brief (rules 8.204(b), 8.360(a))

• Paper
Opaque, unglazed recycled white paper, 8 ½ x 11, at least 20- pound weight.

• Font
Any roman type style, 13-point or larger (which also applies to footnotes), in a roman type style.

• Line Spacing
Text must be at least one-and-a-half spaced. However, headings may be in uppercase, and headings, footnotes, and block-indented quotations may be single-spaced.

• Margins
One and one-half inches on each side, one inch on top and bottom.

• Word Limit
25,500 word limit; a longer brief may be filed only with special permission of the presiding justice. (Rule 8.360(b).)

• Line Numbering
Line-numbered pleading paper is not permitted.

• Binding
All briefing submitted to the Court of Appeal must be bound. If you use staples, cover the edge and the staples with tape.

Content of the Brief (rules 8.204(a), 8.360(a))

• Brief Cover
Must contain the parties' names, the case numbers in the Court of Appeal and the lower court, the name of the document being filed, the judgment appealed from, the court from which the appeal is taken, the judge who presided at the trial level or whose order is being appealed, the attorney's name, address, telephone number, and State Bar number, and the name of the party on whose behalf the brief is filed. (Rule 8.204(b)(10).)

• Required Statement Regarding Appellate Defenders’ Participation:
“By appointment of the Court of Appeal under the Appellate Defenders, Inc., [assisted or independent] case program.”

• Special Statement for Wende briefs
If the appellant’s opening brief is submitted in accordance with People v. Wende (1979) 25 Cal. 3d. 436, and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], this must be stated conspicuously on the cover of the brief.

• Topical Index
An index of the contents of the brief is required. (Rule 8.204(a)(1)(A).)

• Table of Authorities
The table of authorities must be divided into cases, statutes, etc., with the page of each reference in the brief noted. (Rule 8.204(a)(1)(A).)

• Introduction
The rules do not require an introduction. However, some justices find it very helpful.

• Statement of Appealability
The appellant's opening brief must contain either a statement that the appeal is from a judgment that finally disposes of all issues between the parties or a statement explaining why the order or non-final judgment is appealable. (Rule 8.204(a)(2)(B).) Although the rule does not specify where in the brief this statement is to be placed, it is our recommendation that the statement be placed near the beginning of the brief.

• Statement of the Case
This section explains the nature of the action or proceeding and gives a brief procedural history of the case. It will typically describe the pleadings, any relevant motions and the rulings on them, the verdict, the judgment, and the filing of the notice of appeal. It will be based largely on the clerk's transcript. All statements must include references to the volume and page of the record. (Rule 8.204(a)(1)(C).)

• Statement of Facts
Rule 8.204(a)(2)(C) requires “a summary of the significant facts limited to matters in the record.” All statements of fact must include references to the volume and page of the record. (Rule 8.204(a)(1)(C).)

• Argument Headings
Rule 8.204(a)(1)(B) requires arguments to be organized under a separate heading or subheading summarizing the point.

• Conclusion
The final section of the brief should concisely summarize the arguments and set forth the precise relief sought.

• Certificate of Word Count
A certificate stating the number of words in the brief is required and may rely on the word count of the computer program used to prepare the brief. (Rule 8.204(c)(1).)

COVER COLOR AND SERVICE: Click here for chart