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2014 California Rules of Court

Rule 8.40. Form of filed documents

(a) Form

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 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
Joint appendix white
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 must be yellow, and the cover of a combined reply brief and respondent's brief 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, 2011; adopted as subd (c); previously amended and relettered effective January 1, 2007.)

(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, 2013; repealed and adopted as rule 44 effective January 1, 2005; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, and January 1, 2011.

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