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2014 California Rules of Court

Rule 8.1012. Briefs and argument

(a) When briefs permitted

(1)After the Court of Appeal orders transfer, the parties may file briefs in the Court of Appeal only if ordered by the court. The court may order briefs either on a party's application or the court's own motion. The court must prescribe the briefing sequence in any briefing order.

(2)Instead of filing a brief, or as part of its brief, a party may join in or adopt by reference all or part of a brief filed in the Court of Appeal in the same or a related case.

(Subd (a) amended effective January 1, 2011.)

(b) Time to file briefs

Unless otherwise provided in the court's order under (a):

(1)The opening brief must be served and filed within 20 days after entry of the briefing order.

(2)The responding brief must be served and filed within 20 days after the opening brief is filed.

(3)Any reply brief must be served and filed within 10 days after the responding brief is filed.

(Subd (b) amended effective January 1, 2011.)

(c) Additional service requirements

(1)Any brief of a defendant in a criminal case must be served on the prosecuting attorney and the Attorney General.

(2)Every brief must be served on the appellate division from which the case was transferred.

(Subd (c) amended effective January 1, 2011.)

(d) Form and contents of briefs

(1)Except as provided in this rule, briefs must comply with the form and contents requirements of rule 8.204(a)(1), (b), and (d).

(2)No brief may exceed 5,600 words if produced on a computer or 20 pages if typewritten. The person certifying may rely on the word count of the computer program used to prepare the document. A certificate stating the number of words, the tables required by rule 8.204(a)(1), the cover information required under rule 8.204(b)(10), any signature block, and any attachment permitted under rule 8.204(d) are excluded from these length limits.

(Subd (d) amended effective January 1, 2011; previously amended effective January 1, 2007.)

(e) Limitation of issues

(1)On or after ordering transfer, the Court of Appeal may specify the issues to be briefed and argued. Unless the court orders otherwise, the parties must limit their briefs and arguments to those issues and any issues fairly included in those issues.

(2)Notwithstanding an order specifying issues under (1), the court may, on reasonable notice, order oral argument on fewer or additional issues or on the entire case.

(Subd (e) adopted effective January 1, 2011.)

Rule 8.1012 amended effective January 1, 2011; repealed and adopted as rule 66 effective January 1, 2003; previously amended and renumbered effective January 1, 2007.

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