Rule 8.40. Form of filed documents
Except as these rules provide otherwise, documents filed in a reviewing court may be either produced on a computer or typewritten and must comply with the relevant provisions of rule 8.204(b).
(Subd (a) amended effective January 1, 2007.)
(b) Cover color
(1)As far as practicable, the covers of briefs and petitions filed in paper form must be in the following colors:
|Appellant's opening brief or appendix||green|
|Respondent's brief or appendix||yellow|
|Appellant's reply brief or appendix||tan|
|Amicus curiae brief||gray|
|Answer to amicus curiae brief||blue|
|Petition for rehearing||orange|
|Answer to petition for rehearing||blue|
|Petition for original writ||red|
|Answer (or opposition) to petition for original writ||red|
|Reply to answer (or opposition) to petition for original writ||red|
|Petition for transfer of appellate division case to Court of Appeal||white|
|Answer to petition for transfer of appellate division case to Court of Appeal||blue|
|Petition for review||white|
|Answer to petition for review||blue|
|Reply to answer to petition for review||white|
|Opening brief on the merits||white|
|Answer brief on the merits||blue|
|Reply brief on the merits||white|
(2)In appeals under rule 8.216, the cover of a combined respondent's brief and appellant's opening brief filed in paper form must be yellow, and the cover of a combined reply brief and respondent's brief filed in paper form must be tan.
(3)A brief or petition not conforming to (1) or (2) must be accepted for filing, but in case of repeated violations by an attorney or party the court may proceed as provided in rule 8.204(e)(2).
(Subd (b) amended effective January 1, 2016; adopted as subd (c); previously amended and relettered as subd (b) effective January 1, 2007; previously amended effective January 1, 2011.)
(c) Cover information
(1)Except as provided in (2), the cover-or first page if there is no cover-of every document filed in a reviewing court must include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number of each attorney filing or joining in the document, or of the party if he or she is unrepresented. The inclusion of a fax number or e-mail address on any document does not constitute consent to service by fax or e-mail unless otherwise provided by law.
(2)If more than one attorney from a law firm, corporation, or public law office is representing one party and is joining in the document, the name and State Bar number of each attorney joining in the document must be provided on the cover. The law firm, corporation, or public law office representing each party must designate one attorney to receive notices and other communication in the case from the court by placing an asterisk before that attorney's name on the cover and must provide the contact information specified under (1) for that attorney. Contact information for the other attorneys from the same law firm, corporation, or public law office is not required but may be provided.
(Subd (c) amended effective January 1, 2013; adopted as subd (d); previously amended and relettered effective January 1, 2007.)
Rule 8.40 amended effective January 1, 2016; repealed and adopted as rule 44 effective January 1, 2005; previously amended and renumbered as rule 8.40 effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2011, and January 1, 2013.