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2014 California Rules of Court

Rule 8.200. Briefs by parties and amici curiae

(a) Parties' briefs

(1)Each appellant must serve and file an appellant's opening brief.

(2)Each respondent must serve and file a respondent's brief.

(3)Each appellant may serve and file a reply brief.

(4)No other brief may be filed except with the permission of the presiding justice, unless it qualifies under (b) or (c)(6).

(5)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 in the same or a related appeal.

(Subd (a) amended effective January 1, 2003.)

(b) Supplemental briefs after remand or transfer from Supreme Court

(1)Within 15 days after finality of a Supreme Court decision remanding or order transferring a cause to a Court of Appeal for further proceedings, any party may serve and file a supplemental opening brief in the Court of Appeal. Within 15 days after such a brief is filed, any opposing party may serve and file a supplemental responding brief.

(2)Supplemental briefs must be limited to matters arising after the previous Court of Appeal decision in the cause, unless the presiding justice permits briefing on other matters.

(3)Supplemental briefs may not be filed if the previous decision of the Court of Appeal was a denial of a petition for a writ within its original jurisdiction without issuance of an alternative writ or order to show cause.

(Subd (b) adopted effective January 1, 2003.)

(c) Amicus curiae briefs

(1)Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief. For good cause, the presiding justice may allow later filing.

(2)The application must state the applicant's interest and explain how the proposed amicus curiae brief will assist the court in deciding the matter.

(3)The application must also identify:

(A)Any party or any counsel for a party in the pending appeal who:

(i)Authored the proposed amicus brief in whole or in part; or

(ii) Made a monetary contribution intended to fund the preparation or submission of the brief; and

(B)Every person or entity who made a monetary contribution intended to fund the preparation or submission of the brief, other than the amicus curiae, its members, or its counsel in the pending appeal.

(4)The proposed brief must be served and must accompany the application, and may be combined with it.

(5)The covers of the application and proposed brief must identify the party the applicant supports, if any.

(6)If the court grants the application, any party may file an answer within the time the court specifies. The answer must be served on all parties and the amicus curiae.

(7)The Attorney General may file an amicus curiae brief without the presiding justice's permission, unless the brief is submitted on behalf of another state officer or agency. The Attorney General must serve and file the brief within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, and must provide the information required by (2) and comply with (5). Any party may serve and file an answer within 14 days after the brief is filed.

(Subd (c) amended effective January 1, 2009; adopted as subd (b); previously relettered effective January 1, 2003; previously amended effective January 1, 2007, and January 1, 2008.)

Rule 8.200 amended effective January 1, 2009; repealed and adopted as rule 13 effective January 1, 2002; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2003, and January 1, 2008.

Advisory Committee Comment

Subdivision (a)(2). A respondent, other than a respondent who has filed a notice of cross-appeal, who files a respondent's brief may be required to pay a filing fee under Government Code sections 68926 if the respondent's brief is the first document filed in the appellate proceeding in the Court of Appeal by that party. See rule 8.25(c).

Subdivision (b). After the Supreme Court remands or transfers a cause to the Court of Appeal for further proceedings (i.e., under rules 8.528(c)-(e) or 10.1000(a)(1)(B)), the parties are permitted to file supplemental briefs. The first 15-day briefing period begins on the day of finality (under rule 8.532) of the Supreme Court decision remanding or order transferring the cause to the Court of Appeal. The rule specifies that "any party" may file a supplemental opening brief, and if such a brief is filed, "any opposing party" may file a supplemental responding brief. In this context the phrase "any party" is intended to mean any or all parties. Such a decision or order of transfer to the Court of Appeal thus triggers, first, a 15-day period in which any or all parties may file supplemental opening briefs and, second-if any party files such a brief-an additional 15-day period in which any opposing party may file a supplemental responding brief.

Subdivision (c)(1). The time within which a reply brief "could have been filed under rule 8.212" includes any authorized extension of the deadline specified in rule 8.212.

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