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2014 California Rules of Court

Rule 8.927. Briefs

(a) Time to file briefs

(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) Failure to file a brief

(1)If the appellant 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 20 days after the notice is mailed and that if the appellant fails to comply, the court may dismiss the appeal.

(2)If the respondent fails to timely file a brief, the appellate division clerk must promptly notify the respondent by mail that the brief must be filed within 20 days after the notice is mailed and that if the respondent fails to comply, the court will decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant.

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

(Subd (b) amended effective March 1, 2014.)

(c) Service and filing

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

(2)Unless the appellate division 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.

Rule 8.927 amended effective March 1, 2014; adopted effective January 1, 2009.

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