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2024 California Rules of Court

Rule 8.884. Appeals in which a party is both appellant and respondent

(a) Briefing sequence and time to file briefs

In an appeal in which any party is both an appellant and a respondent:

(1)  The parties must jointly-or separately if unable to agree-submit a proposed briefing sequence to the appellate division within 20 days after the second notice of appeal is filed.

(2)  After receiving the proposal, the appellate division must order a briefing sequence and prescribe briefing periods consistent with rule 8.882(a).

(b) Contents of briefs

(1)  A party that is both an appellant and a respondent must combine its respondent's brief with its appellant's opening brief or its reply brief, if any, whichever is appropriate under the briefing sequence that the appellate division orders under (a).

(2)  A party must confine a reply brief to points raised in its own appeal.

(3)  A combined brief must address the points raised in each appeal separately but may include a single summary of the significant facts.

(Subd (b) amended effective January 1, 2009.)

Rule 8.884 amended effective January 1, 2009; adopted effective January 1, 2009.

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