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2014 California Rules of Court

Rule 8.412. Briefs by parties and amici curiae

(a) Contents, form, and length

(1)Rule 8.200 governs the briefs that may be filed by parties and amici curiae.

(2)Except as provided in (3), rule 8.204 governs the form and contents of briefs. Rule 8.216 also applies in appeals in which a party is both appellant and respondent.

(3)Rule 8.360 (b) governs the length of briefs.

(Subd (a) amended effective July 1, 2010; previously amended effective January 1, 2007.)

(b) Time to file

(1)Except in appeals governed by rule 8.416, the appellant must serve and file the appellant's opening brief within 40 days after the record is filed in the reviewing court.

(2)The respondent must serve and file the respondent's brief within 30 days after the appellant's opening brief is filed.

(3)The appellant must serve and file any reply brief within 20 days after the respondent's brief is filed.

(4)In dependency cases in which the child is not an appellant but has appellate counsel, the child must serve and file any brief within 10 days after the respondent's brief is filed.

(5)Rule 8.220 applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 30 days.

(Subd (b) amended effective July 1, 2010; previously amended effective January 1, 2007.)

(c) Extensions of time

The superior court may not order any extensions of time to file briefs. Except in appeals governed by rule 8.416, the reviewing court may order extensions of time for good cause.

(Subd (c) amended effective July 1, 2010; previously amended effective January 1, 2007.)

(d) Failure to file a brief

(1)Except in appeals governed by rule 8.416, if a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party's counsel or the party, if not represented, by mail that the brief must be filed within 30 days after the notice is mailed and that failure to comply may result in one of the following sanctions:

(A)If the brief is an appellant's opening brief:

(i)If the appellant is the county, the court will dismiss the appeal;

(ii)If the appellant is other than the county and is represented by appointed counsel on appeal, the court will relieve that appointed counsel and appoint new counsel;

(iii)If the appellant is other than the county and is not represented by appointed counsel, the court will dismiss the appeal.

(B)If the brief is a respondent's brief, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant.

(2)If a party fails to comply with a notice under (1), the court may impose the sanction specified in the notice.

(3)Within the period specified in the notice under (1), a party may apply to the presiding justice for an extension of that period for good cause. If an extension is granted beyond the 30-day period and the brief is not filed within the extended period, the court may impose the sanction under (2) without further notice.

(Subd (d) amended effective July 1, 2010; adopted effective January 1, 2007.)

(e) Additional service requirements

(1)A copy of each brief must be served on the superior court clerk for delivery to the superior court judge.

(2)A copy of each brief must be served on the child's trial counsel, or, if the child is not represented by trial counsel, on the child's guardian ad litem appointed under rule 5.662.

(3)If the Court of Appeal has appointed counsel for any party:

(A)The county child welfare department and the People must serve two copies of their briefs on that counsel; and

(B)Each party must serve a copy of its brief on the district appellate project.

(4)In delinquency cases the parties must serve copies of their briefs on the Attorney General and the district attorney. In all other cases the parties must not serve copies of their briefs on the Attorney General or the district attorney unless that office represents a party.

(5)The parties must not serve copies of their briefs on the Supreme Court under rule 8.44(b)(1).

(Subd (e) amended effective July 1, 2007; adopted as subd (d) effective January 1, 2005; previously amended and relettered effective January 1, 2007.)

Rule 8.412 amended effective July 1, 2010; adopted as rule 37.3 effective January 1, 2005; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 2007.

Advisory Committee Comment

Subdivision (b). Subdivision (b)(1) calls litigants' attention to the fact that a different rule (rule 8.416(e)) governs the time to file an appellant's opening brief in appeals from judgments or orders terminating parental rights and in dependency appeals in certain counties.

Subdivision (c). Subdivision (c) calls litigants' attention to the fact that a different rule (rule 8.416(f)) governs the showing required for extensions of time to file briefs in appeals from judgments or orders terminating parental rights and in dependency appeals in certain counties.

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