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2014 California Rules of Court

Rule 8.882. Briefs by parties and amici curiae

(a) Briefs by parties

(1)The appellant must serve and file an appellant's opening brief within 30 days after the record is filed in the appellate division.

(2)Any respondent's brief must be served and filed within 30 days after the appellant files its opening brief.

(3)Any appellant's reply brief must be served and filed within 20 days after the respondent files its brief.

(4)No other brief may be filed except with the permission of the presiding judge.

(5)Instead of filing a brief, or as part of its brief, a party may join in a brief or adopt by reference all or part of a brief in the same or a related appeal.

(b) Extensions of time

(1)Except as otherwise provided by statute, in a civil case, the parties may extend each period under (a) by up to 30 days by filing one or more stipulations in the appellate division before the brief is due. Stipulations must be signed by and served on all parties. The original signature of at least one party must appear on the stipulation filed in the appellate division; the signatures of the other parties may be in the form of fax copies of the signed signature page of the stipulation.

(2)A stipulation under (1) is effective on filing. The appellate division may not shorten such a stipulated extension.

(3)Before the brief is due, a party may apply to the presiding judge of the appellate division for an extension of the time period for filing a brief under (a). The application must show that there is good cause to grant an extension under rule 8.811(b). In civil appeals, the application must also show that:

(A)The applicant was unable to obtain-or it would have been futile to seek-the extension by stipulation; or

(B)The parties have stipulated to the maximum extension permitted under (1) and the applicant seeks a further extension.

(4)A party need not apply for an extension or relief from default if it can file its brief within the time prescribed by (c). The clerk must file a brief submitted within that time if it otherwise complies with these rules.

(Subd (b) amended effective January 1, 2013; adopted effective January 1, 2009; previously amended effective January 1, 2010.)

(c) Failure to file a brief

(1)If a party in a civil appeal fails to timely file an appellant's opening brief or a respondent's brief, the appellate division clerk must promptly notify the party by mail that the brief must be filed within 15 days after the notice is mailed and that if the party fails to comply, the court may impose one of the following sanctions:

(A)If the brief is an appellant's opening brief, the court may dismiss the appeal; or

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

(2)If the appellant in a misdemeanor appeal fails to timely file an opening brief, the appellate division clerk must promptly notify the appellant by mail that the brief must be filed within 30 days after the notice is mailed and that if the appellant fails to comply, the court may impose one of the following sanctions:

(A)If the appellant is the defendant and is represented by appointed counsel on appeal, the court may relieve that appointed counsel and appoint new counsel; or

(B)In all other cases, the court may dismiss the appeal.

(3)If the respondent in a misdemeanor appeal fails to timely file a brief, the appellate division clerk must promptly notify the respondent by mail that the brief must be filed within 30 days after the notice is mailed and that if the respondent fails to comply, the court may impose one of the following sanctions:

(A)If the respondent is the defendant and is represented by appointed counsel on appeal, the court may relieve that appointed counsel and appoint new counsel; or

(B)In all other cases, the court may decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant.

(4)If a party fails to comply with a notice under (1), (2), or (3), the court may impose the sanction specified in the notice.

(Subd (c) amended effective March 1, 2014; adopted as subd (b); previously relettered effective January 1, 2009.)

(d) Amicus curiae briefs

(1)Within 14 days after the appellant's reply brief is filed or was required to be filed, whichever is earlier, any person or entity may serve and file an application for permission of the presiding judge to file an amicus curiae brief. For good cause, the presiding judge 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 Attorney General may file an amicus curiae brief without the presiding judge's permission, unless the brief is submitted on behalf of another state officer or agency; but the presiding judge may prescribe reasonable conditions for filing and answering the brief.

(Subd (d) amended and relettered effective January 1, 2009; adopted as subd (c).)

(e) Service and filing

(1)Copies of each brief must be served as required by rule 8.25.

(2)Unless the court provides otherwise by local rule or order in the specific case, only the original brief, with proof of service, must be filed in the appellate division.

(3)A copy of each brief must be served on the trial court clerk for delivery to the judge who tried the case.

(4)A copy of each brief must be served on a public officer or agency when required by rule 8.29.

(Subd (e) amended and relettered effective January 1, 2009; adopted as subd (d).)

Rule 8.882 amended effective March 1, 2014; adopted effective January 1, 2009; previously amended effective January 1, 2009, January 1, 2010, and January 1, 2013.

Advisory Committee Comment

Subdivision (a). Note that the sequence and timing of briefing in appeals in which a party is both appellant and respondent (cross-appeals) are governed by rule 8.884. Typically, a cross-appellant's combined respondent's brief and opening brief must be filed within the time specified in (a)(2) for the respondent's brief.

Subdivision (b). Extensions of briefing time are limited by statute in some cases. For example, under Public Resources Code section 21167.6(h) in cases under section 21167 extensions are limited to one 30-day extension for the opening brief and one 30-day extension for "preparation of responding brief."

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