Practices & Procedures

NOTICE OF APPEAL & RECORD PREPARATION


Filing a notice of appeal

Civil Appeal: A Notice of Appeal or cross appeal is filed with the clerk of the trial court from which the appeal is taken. California Rules of Court, (rule 8.100) Judicial Council (forms APP-001 and APP-002) may be used. A $775.00 filing fee or fee waiver is required.

Criminal & Juvenile Appeals: A Notice of Appeal is filed with the clerk of the trial court from which the appeal is taken. Judicial Council (form CR-120) or (JV-800) may be used. No filing fee is required. California Rules of Court, (rule 8.304) or (rule 8.405).

Juvenile Dependency & Notice of Intent: A Notice of Appeal is filed with the clerk of the trial court from which the appeal is taken. Judicial Council (form JV-825) for Extraordinary Writ - Juvenile Dependency; (JV-820) Notice of Intent; (JV-800) for appeals. California Rules of Court, (rule 8.405), (rule 8.450), and (rule 8.452).

Limited Jurisdiction Civil Cases: Transferring cases within the appellate jurisdiction of the superior court to the Court of Appeal.  See California Rules of Court, (rule 8.1005) through (rule 8.1008), on transfer and certification.

Misdemeanor Cases: See California Rules of Court, (rule 8.304) and (rule 8.852).

Please see California Rules of Court, (rule 8.104) and (rule 8.108) (Civil), (rule 8.308) (Criminal) or (rule 8.406) (Juvenile) for information on when to file the Notice of Appeal.

Preparing record on appeal

For civil appeals: The appellant (appealing party) must serve and file a notice in superior court designating the record on appeal with service of a conformed copy on the Court Of Appeal Cal. Rules of Court, (rule 8.121). Appellants choosing the clerk's transcript should proceed under (rule 8.122). Although exhibits are deemed part of the clerk's transcript, they are not automatically included or copied in the clerk's transcript. (rule 8.122(a)(3).)

Appellants wishing to prepare their own appendix should elect to proceed under (rule 8.124). Judicial Council (forms APP-001 and APP-003) may be used.

Designation of reporter's transcript: Cal. Rules of Court, (rule 8.130) governs the request for a reporter's transcript and the fees associated with the ordering of a reporter's transcript.

For criminal appeals: The clerk's and reporter's transcripts are automatically prepared under Cal. Rules of Court, (rule 8.320) to (rule 8.336).

If you have not received your record on appeal within 90 days for criminal cases or 120 days for civil cases, please contact the Superior Court's Civil or Criminal Appeals Unit.

Superior Court Exhibits

Although exhibits are deemed part of the record on appeal, they are not automatically included or copied in the clerk's transcript. (Rule 8.122(a)(3).) A party wanting a copy of an exhibit included in the transcript must specify that exhibit by number or letter in its notice of designation. If the exhibits have been released to counsel, counsel should transmit those exhibits to the superior court clerk pursuant to (rule 8.122(a)(3).)

Within 10 days after the last respondent's brief is filed, a party wanting the reviewing court to consider any exhibits not in the clerk's transcript must serve and file a notice in superior court designating such exhibits and serve a copy on the reviewing court. (Rule 8.224(a).) A party in possession of the designated exhibits returned by the superior court must put them in numerical or alphabetical order and send them to the reviewing court with two copies of the list of exhibits. (Rule 8.224(b)(2).)

After the period specified has expired, a party may apply for permission to send an exhibit to that court.

Correcting or augmenting the record

If the record is missing items that were previously designated, you will need to file a letter pursuant to Cal. Rules of Court, (rule 8.155(b).), (rule 8.340(b).) or (rule 8.410) in the superior court and serve a copy of the letter on the Court of Appeal.

If you forgot to designate certain items that were before the lower court and would like to add them to the record, you will need to file a Motion to Augment pursuant to Cal. Rules of Court, (rule 8.155). Please see the Motions/Requests/Dismissals section on how to file and serve the document.

If you would like to add new items to the record, you may either file a Motion to Augment (items that were before the lower court but were not designated, Cal. Rules of Court (rule 8.155) or a Request for Judicial Notice (for items that were not before the lower court, Cal. Rules of Court, (rule 8.252(a).) Please see the Motions/Requests/Dismissals section on how to file and serve the document.

Filing the civil case information statement (CCIS)

If you are an appellant or a cross-appellant in a civil appeal, you must serve and file a Civil Case Information Statement (CCIS) within 15 days after the superior court clerk mails the notification of the filing of your appeal (Rule 8.100(g)).  Click here for the required form: APP-004.  Your answers help the court to know whether the notice of appeal is on time and whether the judgment or order is appealable, among other things.  Include a copy of the judgment or order from which you are bringing the appeal.  Also attach a proof of service on all parties to the appeal.  You may e-file the CCIS in lieu of filing a paper original.

The court will send you a notice of default if the clerk’s office does not receive your completed CCIS.  You must cure the default within 15 days (generally by correctly filing the CCIS), or your appeal will be dismissed.

If you are only a respondent on a civil appeal and do not have a cross-appeal, you do not need to file a CCIS.

Filing the certificate of interested entities or persons

Other than family, juvenile, guardianship, and conservatorship cases, each party to a civil appeal or writ must complete a form, called a "Certificate of Interested Entities or Persons," to let the justices know of potential conflicts of interest. Click for Judicial Council (form APP-008). You must include this form when you file your principal brief (including any petition for writ of mandate or review) after the cover and before the tables. If you file a motion to dismiss prior to filing your principal brief, you must file your CCIS at that time; and, when you file your brief at a later time, include a copy of the form in your brief after the cover and before the tables. See (rule 8.208), (rule 8.488), (rule 8.495(c).), (rule 8.496(c).) and (rule 8.498(d).) You also have a responsibility to update this form if you learn of changed or additional information that must be disclosed. (Rule 8.208(f).)

Filing an appeal in a limited civil case

  1. You must file an appeal from a judgment in a limited civil case with the Appellate Division of the Superior Court. (Rule 8.800) et seq. You cannot appeal the Appellate Division's decision on appeal to the Court of Appeal; instead, the Appellate Division's judgment on appeal is conclusive. (See Code Civ. Proc. § 904.1(a), § 904.2.) (Limited civil cases are cases that used to be filed in municipal court before that court was unified with the superior court.) The rules for appeals to the Appellate Division are contained at Rules §§ 8.800 to 8.936.
  2. You cannot appeal the Appellate Division's judgment granting or denying a petition for writ of mandate or prohibition if the judgment relates to a limited civil case. (Code Civ. Proc., § 904.3.)
  3. You cannot appeal a superior court's de novo review in a small claims case. (Code Civ. Proc., § 116.780(a).)
  4. The Court of Appeal has discretion to order an appeal to the Appellate Division of the Superior Court transferred to it when the Appellate Division certifies that such transfer "is necessary to secure uniformity of decision or to settle an important question of law.” (Rule 8.1002) and (rule 8.1005). The Court of Appeal approves a transfer only in exceptional circumstances, and is not bound by the Appellate Division's certification. The Court of Appeal also may order transfer on its own motion, or on a party's petition, but the court has a limited time to do so. (Rule 8.1006) and (rule 8.1008).


BRIEFS & APPENDICES



Time frames and service requirements for briefs

For Civil Appeals CRC (8.212.)

Document Filing Procedure Service Procedure

Appellant's opening brief (AOB)

Covers: green

  • 40 days from filing of record or
  • 70 days from date of rule 8.124 election for cases without a Reporter's Transcript.
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on each opposing party

Appellant's appendix

Covers: green

  • no later than filing due date of AOB
  • original to Court of Appeal
  • 1 copy on each opposing party

respondent's brief (RB)

Covers: yellow

  • 30 days from filing of AOB
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on each opposing party

Respondent's appendix

Covers: yellow

  • 30 days from filing of AOB
  • original to Court of Appeal
  • 1 copy on each opposing party

Joint appendix

Covers: white

  • no later than filing due date of AOB
  • original to Court of Appeal

none

Appellant's reply brief (ARB)

Covers: tan

  • 20 days from filing of RB
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on each opposing party

Amicus curiae brief

Covers: gray

  • 1 copy on superior court
  • 1 copy on each opposing party


For Criminal Appeals CRC (8.360)

Document Filing Procedure Service Procedure

Appellant's opening brief (AOB)

Covers: green

  • 40 days from filing of record
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on Attorney General
  • 1 copy on district attorney
  • 1 copy on defendant (if appointed counsel)

Respondent's brief (RB)

Covers: yellow

  • 30 days from filing of AOB
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 2 copies on appellate defense counsel
  • 1 copy on district appellate project (if appointed)

Appellant's reply brief (ARB)

Covers: tan

  • 20 days from filing of RB
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on Attorney General
  • 1 copy on district attorney
  • 1 copy on defendant (if appointed counsel)

See (rule 8.29) of the California Rules of Court for service on a nonparty public officer or agency. See Judicial Council (form APP-004) for a list of examples of statutory requirements.

If your deadline to file a document or brief falls on a day (such as a Saturday, Sunday or holiday) in which the clerk's office is closed, then your filing deadline is automatically extended to the next day in which the clerk's office is open. (Code Civ., Proc., § 12a.) Click here for a list of court holidays.

Filing deadlines for multiple appeals or cross-appeals

In civil cases with cross-appeals or multiple appeals, the parties must submit a proposed briefing sequence (preferably by joint agreement) within 20 days after the second notice of appeal is filed. (Rule 8.216(a).) The respondent's brief and cross-appellant's opening briefs are combined into a single document (yellow cover), as are the appellant's reply brief and cross-respondent's briefs (tan cover). (Rule 8.216(b).)

How do I expedite briefing?

  1. You may obtain an expedited appeal schedule, which may include expedited briefing and preference in setting the date for oral argument by promptly serving and filing a motion for calendar preference. (Rule 8.240).
  2. Preferences may be granted for statutory reasons, including probate proceedings (Code Civ. Proc., § 44); arbitration (Code Civ. Proc. § 1291.2); eminent domain (Code Civ. Proc., § 1260.010); environmental impact reports (Pub. Res. Code, § 21167.1) and general plans (Gov. Code, § 65752).)
  3. The court may exercise its discretion to grant calendar preference for good cause — for example, because of the parties' age, illness or condition raising "substantial medical doubt of survival." (See, e.g., Code Civ. Proc., §§ 36(a), 36(d).)

Formatting a brief

Civil Appeals

  1. There is a 14,000 word limit for your brief, including footnotes, but excluding required tables, any certificate required under (rule 8.208), cover information, signature block, and any attachments under (rule 8.204(d).) You must include a certification of word count at the end of the brief, stating the number of words. A brief produced on a typewriter must not exceed 50 pages. (Rule 8.204(c).)
  2. There is a 28,000 word limit for combined respondent’s/cross-appellant’s opening briefs, or for a combined appellant's reply brief / cross respondent's brief. (Rule 8.204(c)(4).)
  3. You must apply to the Presiding Justice for permission to file a longer brief for good cause. (Rule 8.204(c)(5).) The court may require you to include your proposed brief with your application.

Criminal and Dependency Appeals

  1. There is a 25,500 word limit for your brief, including footnotes, but excluding required tables, any certificate required under (rule 8.361), cover information, signature block, and any attachments under (rule 8.204(d).)
  2. There is a 51,000 word limit for combined respondent's / cross-appellant opening briefs, or for a combined appellant's reply brief / cross respondent's brief. (Rule 8.360(b)(4).)
  3. You must apply to the Presiding Justice for permission to file a longer brief for good cause. (Rule 8.360(b)(5).) The court may require you to include your proposed brief with your application.

Brief Covers & Binding

Brief colors

Appellant’s Opening Brief green
Appellant’s Appendix green
Respondent’s Brief yellow
Respondent’s Appendix yellow
Appellant’s Reply Brief tan
Appellant’s Reply Appendix tan
Joint Appendix white
Amicus Curiae brief gray
Answer to Amicus Curiae brief blue
Petitions for Rehearing orange
Answers to Petition for Rehearing orange
Petition for Transfer white
Answer to Petition for Transfer blue

The brief cover should be made out of stiff paper called "cardstock."

Include the following on your brief cover:

  1. Brief title (e.g., Appellant's Opening Brief, Respondent's Brief, etc.)
  2. Case title, Court of Appeal number and trial court number
  3. Trial judge's or trial judges' names
  4. The name, address, telephone number, California state bar number, and (preferably) the fax number and e-mail address of each attorney filing or joining in the brief.

Briefs shall be bound in book or pamphlet form with suitable covers. If stapled, the bound end and the staples should be covered with tape. (Rule 8.204(b)(8).) No plastic covers will be accepted.

Table of Contents & Table of Authorities

List the sections of the brief in the table of contents, by page number. The table of authorities should list the cases, in alphabetical order, the statutes and other authorities used in the brief. (Rule 8.204(a)(1)(A).)

Certificate of Interested Entities or Persons

Include a copy of the Certificate of Interested Entities or Persons (or a copy if previously filed) in your principal brief after the cover and before the tables. (Rule 8.208(d)(1).) The contents of the certificate are described in (rule 8.208(e).) Click here for Judicial Council (form APP-008).

Typeface, Margins, Spacing, and Type of Paper

The paper must be white or unbleached, 8½ x 11 inches. (Rule 8.204(b)(1).)

Do not use numbered paper. You may use both sides of the paper, unless you use a typewriter. (Rule 8.204(b)(4).) Be sure to consecutively number the pages. (Rule 8.204(b).)

Use single spacing only for block indented quotations, and for headings and footnotes. The brief text should be double-spaced or with 1½ spacing.

You may use any conventional roman typeface, but the type size must be at least 13 points. (Use the same type size for footnotes.) If your brief is typewritten, you must use pica type.

Record References

You must support your references to the record on appeal with a citation to the volume and page number of the clerk's transcript, reporter's transcript, or appendix where the matter appears.

Here are some suggested abbreviations for your record references:

  1. Clerk's Transcript - "CT". For example, to cite to Vol. 4 of the clerk's transcript, page 206, lines 4 through 7, use "4 CT 206:4-7."
  2. Reporter's Transcript - "RT". For example, to cite to Vol. 20 of the reporters transcript, page 1955, line 23 through page 1957, line 8, use "20 RT 1955:23-1957:8."
  3. Joint Appendix - "JA". For example, to cite to pages 405 through 407 of a single volume Joint Appendix, use "JA 405-407.
  4. Appellant's Appendix - "AA". For example, to cite to Vol.3 of an Appellant's Appendix, page 692, line 5 through page 693. line 7, use "3 AA 692:5-693:7.
  5. Respondent's Appendix - "RA".
  6. Appellant's Reply Appendix - "ARA".

Citation References

Use italics or underlining for case cites.

The comments to the appellate rules "encourage" you to follow the California Style Manual in your briefs and papers on appeal. See (rule 8.204), Advisory Committee Comment.) The most recent edition is the Fourth Edition, which was published in 2000.

Here are some examples of citations using the California Style Manual.

  1. Case Citations The first time an opinion is cited in full, indicate the year of filing in parentheses immediately following the title. You don’t have to include parallel citations. Caution: California Rules of Court, (rule 8.1115(a).) prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published.

    (Fair v. Bakhtiari (2006) 40 Cal.4th 189.)
    (Pico v. Sepulveda (1885) 66 Cal. 336.)
    (City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 1564.)
    Fund for Environmental Defense v. County of Orange (1988) 204 Cal.App.3d 1538, 1555 (dis. opn. of Crosby, J.)
    (United States v. X-Citement Video, Inc. (1994) 513 U.S. 64, 77.)
    (Craig v. United States (9th Cir. 1936) 81 F.2d 816.)
    (Dworkin v. Hustler Magazine, Inc. (D.C.Wyo. 1985) 611 F.Supp. 781.)
    Kemp Bros. Construction, Inc. v. Titan Electric Corporation (Jan. 23, 2007, G035607) ___ Cal.App.4th ___ http://www.courts.ca.gov/opinions (used as example of recently filed opinion)
    (In re FairWageLaw (Dec. 7, 2006, G037378) [nonpub. opn.].) (where appropriate to cite unpublished opinion under rule 8.1115(b)) Donato v. Moldow (N.J. Super.Ct.App.Div. 2005) 865 A.2d 711, 720-727
  2. Statutes & Rules

    (Cal. Const., art. VI, § 10.)
    (U.S. Const., art. I, § 5, cl. 3.)
    Civil Code section 51
    (Bus. & Prof. Code, § 16700 et seq.)
    (Cal. Rules of Court, rule 8.200(a)(5).)
    (Ct App., Fourth Dist., Div. Three, Internal Practices and Proc., III A, Procedures for processing Cases.)
  3. Treatises

    (4 Witkin, Summary of Cal. Law (9th ed. 1987) Real Property, § 800, pp. 977-978.) (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 1997) ¶¶ 8:15 to 8:18, pp. 8-4 to 8-6 (rev. # 1, 1998).)
  4. Law Reviews & Books

    Deason, Enforcing Mediated Settlement Agreements: Contract Law Collides With Confidentiality (2001) 35 U.C. Davis L.Rev. 33, (Patel, Immunizing Internet Service Providers From Third Party Internet Defamation Claims: How Far Should Courts Go? (2002) 55 Vand. L.Rev. 647, 684.) (Rifkin, The Biotechnical Century (1998) pp. 137-139.) (Aragaki et al., A Litigator’s Guide to Effective Use of ADR in California (Cont.Ed.Bar 2005) §§ 12.14, 12.19.)

Attachments

You may attach up to 10 pages of exhibits or other materials in the appellate record to your brief. You may not attach matters that are outside the appellate record. (Rule 8.204(d).)

Joinder

If you are a party to an appeal, you may join in or adopt by reference all or part of another party's brief. (Rule 8.200(a)(5).)

Noncomplying Briefs

The clerk's office may refuse to accept your brief for filing if it does not comply with the court rules. Instead, it may be marked "received but not filed" and returned to you. Even if a noncomplying brief is accepted for filing, the court may later decide to return it for corrections and refiling on its own motion or on the motion of any party. (Rule 8.204(e).)


EXTENSIONS



Filing an extension of time

Civil Appeals

  1. Stipulations (Rule 8.212(b).) You may extend time to file a brief by up to 60 days by securing a stipulation from your opponent (Also see rule 8.42). The stipulation must be filed in the Court of Appeal before your brief is due, and becomes effective on filing. (Rule 8.212(b)(2).) Include a proof of service on opposing counsel and upon your client. The proof of service does not have to include the client's address (rule 8.60(f).) File an original and one copy and provide a self-addressed, postage-paid envelope for the clerk's use to mail a file-endorsed copy to you. You may e-file a stipulation for extension of time in lieu of filing an original and paper copy.
  2. Applications to Extend Time (Rule 8.60(c).) If the other side refuses to stipulate, or if you need more time beyond the stipulation, you must file an application for an extension. (Rule 8.212(b)(3).) You may use Judicial Council (form APP-006) for extension requests.

    Factors. Include specific facts to show good cause why the application should be granted. Explain when the brief is due, how long an extension is requested, the length of the record (by number of pages), and whether any prior extensions have been granted, their length and whether granted by stipulation or by the court. (Rule 8.60(c)) and (rule 8.63(b).) In determining good cause, the Presiding Justice considers such factors as: the degree of prejudice to any party, the position of the client and the opponent, the length of the record, and the number and complexity of the issues raised, whether the case is entitled to priority, and specific obligations of counsel in other cases, among other factors. See (rule 8.63).

    Opponent's Position. It is helpful, and will speed the processing of an application, if you indicate the position of opposing counsel in a declaration indicating when opposing counsel was contacted and his/her response.

    Proposed Order. If not using the Judicial Council (form APP-006), you must include a proposed order, to be signed by the presiding justice. The order must contain the case number and caption. Click for a sample order.

    Proof of Service. Include a proof of service on opposing counsel and upon your client. The proof of service does not have to include the client's address. (Rule 8.60(f).)

    Filing Requirements. File an original and 1 copy of your extension request (no cover) and an original proposed order (if form APP-006 is not used). In addition, you must supply sufficient copies of the order and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you and any other party. (Rule 8.50(c).) You may e-file a first request for extension of time in lieu of filing an original and paper copies.

Criminal Appeals & Juvenile Appeals
(Except termination of parental rights).

  1. You cannot stipulate to extend the time for filing a brief in a criminal case. (Rule 8.360(c)(4).)
  2. You may apply to the Presiding Justice for an extension on a showing of good cause. (Rule 8.60), (rule 8.360(c)(4).) and (rule 8.412(c).) Your request must contain specific facts showing good cause for granting the application and state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted, their length and whether granted. (Rule 8.50), (rule 8.60(c).) and (rule 8.63(b).) In determining good cause, the Presiding Justice considers the factors listed in (rule 8.63(b).)
  3. File an original plus one copy of the application (no cover) and an original proposed order with the clerk's office. You must include a proof of service on all parties to the appeal or proceeding. In addition, you must supply sufficient copies of the proposed order and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).) NO envelope is necessary for the Attorney General or the Sixth District Appellate Program. You may e-file a first request for extension of time in a criminal case in lieu of filing an original and paper copies.

(Extensions - Appeals from Terminations of Parental Rights)

  1. You may apply to the Presiding Justice for an extension of time, but you must show "exceptional" good cause. (Rule 8.416(f).) Your request must contain specific facts to meet this very high standard, and must state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted, their length and whether granted. (Rule 8.50), (rule 8.25(c).) and (rule 8.25(b).) In determining exceptional good cause, the Presiding Justice considers the factors listed in (rule 8.63(b).) including the priority granted to dependency proceedings.
  2. File an original plus one copy of the application (no cover) and an original proposed order with the clerk's office. You must include a proof of service on all parties to the appeal or proceeding. In addition, you must supply sufficient copies of the proposed order and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).) NO envelope is necessary for the Santa Clara County Counsel or the Sixth District Appellate Program.

(Rule 8.220(a).) Notices

  1. Last-Chance "Grace Period." If an appellant's opening brief or a respondent's brief is not timely filed, the court will send a notice under (rule 8.220(a).) This notice automatically gives you a last-chance grace period in which to file either of these briefs, but it also warns you of serious sanctions if you miss this deadline.

    1. For civil appeals, the notice gives you an additional 15 days from the date of mailing for your appellant's opening brief or respondent's brief. (Rule 8.220(a).) You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period, and show good cause. (Rule 8.220(d).)
    2. For criminal appeals and dependency appeals excluding termination of parental rights appeals, the notice gives you an additional 30 days within which to file your appellant's opening brief or respondent's brief. (Rule 8.360(c)(5).) and (rule 8.412(d).) You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period and show good cause. (Rule 8.220(d).) and (rule 8.412(d)(3).)
    3. For dependency appeals from all terminations of parental rights, the notice gives you an additional 15 days within which to file the brief. (Rule 8.416(g).) Further extensions in dependency appeals require a showing of "exceptional" good cause. (Rule 8.416(f).)

     

No Further Notices. This court will only issue one (rule 8.220) notice for any particular brief. If any additional extensions are granted, the court may impose the sanctions for late briefs without further notice. (Rule 8.220(d).) and (rule 8.412(d)(3).)


MOTIONS / REQUESTS / SETTLEMENTS / DISMISSALS



Filing a motion or application

DOCUMENT FILING PROCEDURE
w/ proof of service on all parties

SERVICE PROCEDURE

Motions to Augment/Requests for Judicial Notice or oppo thereto with documents attached to be made part of the record
  • Paper original to Court of Appeal
  • electronic submission of copy through court's website
  • 1 copy on each opposing party

Motions & applications (other than with attached documents or time extensions)
[No covers]

  • Electronic Filing only
  • 1 copy on each opposing party
Oppositions to motions
[No covers]
  • Electronic Filing only
  • due 15 days after filing of the motion (except sanctions motions, see (rule 8.276(d).)
  • 1 copy on each opposing party
Time extension
[No covers]
  • original to Court of Appeal
  • include a separate proposed order with case title and number unless using Judicial Council (form APP-006)
  • loose copies of the proposed order along with envelopes stamped and addressed to the involved parties
  • Extension Request (form APP-006).
  • 1st Request may be electronically filed
  • 1 copy on each opposing party
  • 1 copy on client CRC (8.60(f).) (civil cases)
Replies to oppositions to motions
[No covers]
  • must file application for permission to file a reply (attach reply) (Electronic filing)
  • 1 copy on each opposing party

 

 

 

Requests for judicial notice

Requests for judicial notice must be made by separate motion.  Requests for judicial notice may not be included within a brief.  (Rule 8.252(a)(1).)  Explain the relevance of the matters sought to be noticed.  Include a copy of the matter to be judicially noticed, or explain why it is not practicable to do so.  (Rule 8.252(a)(2) and 8.252(a)(3).)  The court may immediately rule on the request for judicial notice or may defer the ruling until it decides the merits of the appeal.

Filing a motion for sanctions

Appellate sanctions are only awarded by motion of a party or on the court's own motion.  Sanctions requests may not be included in appellate briefs.  The court will not consider a sanctions request that is only made in a party's brief.  A party's motion for sanctions must be served and filed no later than 10 days after an appellant's reply brief is due.  (Rule 8.276(b).)

Grounds include: taking a frivolous appeal, appealing solely to cause delay, unreasonably violating court rules or a court order, and filing an appendix that contains inaccurate copies of documents.  (Rules 8.124(g), and 8.276(a).)

The court will provide written notice to the parties if it is considering sanctions.  Only then should the opposing party file an opposition to the sanctions motion.  Any opposition must be served and filed within 10 days after the court gives such notice.  (Rule 8.276(d).)  Oral argument on the sanctions motion usually is heard in conjunction with the appeal on the merits.

Dismissing an appeal

If the record on appeal has not been filed in the Court of Appeal, a written abandonment by appellant or stipulation for abandonment must be filed with the clerk of the superior court, who will then forward it to this court Cal. Rules of Court, (rule 8.244(b)(1).) Judicial Council (form APP-005) may be used. If a respondent wishes to dismiss the appeal, the respondent must file the  motion to dismiss the appeal at the Court of Appeal Cal. Rules of Court, (rule 8.57(a).)

If the record on appeal has been filed in the Court of Appeal, a written request by appellant or stipulation for dismissal must be filed with the clerk of the Court of Appeal. Judicial Council (form APP-007) may be used. If the parties stipulate to dismiss the appeal, the parties may stipulate to costs. If there is no such stipulation, respondent will be awarded costs. The remittitur will issue forthwith. If a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal.

Do you accept faxed signatures?

The Court of Appeal accepts only original signatures on motions as well as all other documents (except for computer generated briefs, which do not need to be signed). The original signature of at least one party must appear on a stipulation for extension of time; the signatures of other parties may be in the form of copies of the signed signature page (rule 8.42.) Electronically filed documents are deemed signed by the party. Please refer to rule 8.77 for further requirements.

When are motions heard?

The Court of Appeal generally does not conduct hearings on motions.


ORAL ARGUMENT / OPINION / REMITTITUR



Oral Argument in General

Generally, the Sixth Appellate District holds oral argument four days each month.

A party requesting oral argument must serve the request on all other parties.

If the parties wish to submit additional authorities not cited in their briefs, they must do so no later than three days prior to scheduled oral arguments.

At the beginning of oral argument, the presiding justice may inform counsel of any particular issues the panel wants addressed.

Counsel should remember that oral argument presents the opportunity to emphasize or clarify key factual or legal points not fully treated in the briefs and to discuss the relevance of authorities decided since briefing was completed.

Counsel may not stipulate to the continuance of the date scheduled for oral argument.

If a request for oral argument is not filed, oral argument will be deemed waived, and the court will proceed with the processing and filing of the opinion.

Argument by Teleconference System

Note: System is temporarily unavailable. To reduce costs to the parties and provide greater convenience to counsel, the Sixth Appellate District has installed a telephone conference system that enables attorneys to present oral arguments by telephone as an alternative to personal appearance in court.

In all cases, civil, criminal, and juvenile, in which a party has a right to present oral argument, counsel may elect to present oral argument by telephone conference.

Counsel’s request to present oral argument by telephone conference shall be made in writing and served on all parties. The request shall contain the following information as indicated on the forms supplied by the court:

  1. The name of counsel who will present oral argument.
  2. The designation of the party counsel is representing.
  3. The telephone number to be used for the conference call.
  4. Estimated duration of the call.

The Sixth District Teleconferencing Oral Argument Procedures manual is available for download. A word .doc is also available.

The court may record oral arguments by telephone conference call and a request for oral argument by telephone will be deemed consent to such recording.

Obtaining a copy or transcript of the recorded oral argument

The court does not transcribe oral arguments, however a recording is available.

You may purchase a recording of oral argument in an individual case for $20.  Checks should be made payable to Clerk, Court of Appeal. 

Continuing an oral argument

Requests for continuance of oral argument are required to be a formal pleading with a declaration stating the reasons for the continuance, accompanied by proof of service on opposing counsel.  The applicant shall contact opposing counsel and state in their declaration if counsel agrees with the continuance.  Oral argument will not be continued by stipulation of counsel absent a showing of good cause.  Letter requests will not be considered.  Because of the considerable investment of court time and resources necessary to prepare a case for oral argument, continuances are disfavored and will be granted only on a showing of good cause.  Counsel are reminded that lower court proceedings do not take precedence.  If no appearance is made, the case may be ordered submitted.

When will the opinion be filed?

The "Submission" Date.  The "submission" date triggers the deadline for appellate decisions.  The court files a written opinion within 90 days after it has been submitted for decision. (G.C. 68210 and Article 6, Section 19, Calif. State Constitution.)

Oral Argument Cases.  A case is generally "submitted" at the end of oral argument, as directed by the Presiding Justice.  However, if the Presiding Justice allows the parties to submit supplemental post-argument letter briefs, the case will be deemed submitted when the supplemental briefs are due or have been filed.  (Rule 8.256(d)(1).)

"Waiver" Cases.  If there is no oral argument, the case is submitted at the conclusion of briefing and when the court accepts the waiver of argument.  (Rule 8.256(d)(1).)

Vacating Submissions.  The court may vacate the submission for good cause (for example, to consider the impact, if any, of a new Supreme Court opinion, or to consider diverging views by one or more panel members).  The resubmission order will set a new timetable for the decision. (Rule 8.256(e).)

What determines whether a decision will be published?

(Rules 8.1105 and 8.1110), CRC, set forth the bases for evaluating whether an intermediate appellate court opinion should be published, in full or in part. Factors the court is required to consider include whether the opinion:

  1. Establishes a new rule of law, applies an existing rule to a set of facts significantly different from those stated in published opinions, or modifies, explains, or criticizes with reasons given, an existing rule;
  2. Resolves or creates an apparent conflict in the law;
  3. Involves a legal issue of continuing public interest; or
  4. Makes a significant contribution to legal literature by reviewing either the development of a common law rule or the legislative or judicial history of a provision of a constitution, statute, or other written law.

Petitioning for a rehearing

DOCUMENT FILING PROCEDURE SERVICE PROCEDURE
Petition for rehearing (Civil)
Covers: orange
  • within 15 days from date opinion is filed
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on each opposing party
Petition for rehearing (Criminal)
Covers: orange
  • within 15 days from date opinion is filed
  • original & 3 paper copies to Court of Appeal + electronic copy
  • 1 copy on superior court
  • 1 copy on Attorney General
  • 1 copy on district attorney
  • 1 copy on Sixth District Appellate Program (if appointed)
  • 1 copy on defendant (if appointed counsel)
Answer to petition (Civil)
Covers: blue

Only upon request by the court, within 8 days unless otherwise ordered.

  • 1 copy on superior court
  • 1 copy on each opposing party
Answer to petition(Criminal)
Covers: blue

Only upon request by the court, within 8 days unless otherwise ordered.

  • 1 copy on superior court
  • 1 copy on Attorney General
  • 1 copy on district attorney
  • 1 copy on Sixth District Appellate Program (if appointed)
  • 1 copy on defendant (if appointed counsel)

The Court of Appeal retains jurisdiction for 30 days from the filing of its opinion. If it fails to act on the petition within the 30-day period, the petition will be deemed denied under Cal. Rules of Court, (rules 8.264(b)(1) and 8.268(c).)

After the Court of Appeal loses jurisdiction, a petition for review may be filed in the California Supreme Court See Cal. Rules of Court, (rule 8.500).

When does a decision become final and a remittitur issued?

The Court of Appeal has jurisdiction over an appeal for 30 days from the date the opinion was filed or a request for publication was granted or an opinion was modified in a manner that changed the judgment. The court cannot modify or change an opinion or grant rehearing after an opinion becomes final. (Rules 8.264(b)(1), 8.264(b)(3), 8.264(c)(2) and (8.268(a)(2), 8.268(c).)

While the Court of Appeal may shorten the time for finality for good cause, it may not extend it. (Rules 8.264(b)(3), 8.264(c), (8.268(c) and (8.490(b).) Dismissals of appeals on request or stipulation become final immediately, as do summary denials of writ petitions. (Rules 8.264(b)(2), 8.490(b), and 8.499(c).)

The parties only have 10 calendar days from the date of finality to file a petition for review with the California Supreme Court. (Rule 8.500(e).)

The remittitur, the document which returns jurisdiction to the superior court, will be issued by the Court of Appeal 61 days after the filing of its opinion, barring any time extensions by the Supreme Court. The remittitur will be issued upon the denial of a petition for review in the Supreme Court. Cal. Rules of Court, (rule 8.272(b)(1)(A).) The remittitur alerts counsel to file their cost bill in superior court. See Cal. Rules of Court, (rule 8.278) for costs on appeal. Counsel have 40 days from the date the remittitur is issued to file a memorandum of costs in superior court as prescribed by (rule 3.1700).


WRITS



Filing an original petition for writ

DOCUMENT FILING PROCEDURE SERVICE PROCEDURE
Petition
Covers: red
  • 1 copy on superior court
  • 1 copy on each opposing party
Exhibits to a petition
Covers: red
  • original to Court of Appeal + electronic copy
  • must be filed concurrently with petition.
  • Exhibits must contain a table of contents, be tabbed on the right hand side and consecutively paginated. Volumes not to exceed 300 pages.
  • 1 copy on each opposing party
Opposition to petition
Covers: red
  • 1 copy on superior court
  • 1 copy on each opposing party
Reply to opposition
Covers: red
  • 1 copy on superior court
  • 1 copy on each opposing party

A $775 filing fee is required on all writs except for criminal proceedings, juvenile matters, writs of supersedeas (if not paid with the appeal) or Workers' Compensation Appeals Board (WCAB) writs of review and all petitions for a writ resulting from contempt proceedings.  Government agencies are also exempt.  Make checks and money orders payable to: Clerk, Court of Appeal.  An indigent petitioner may submit a request for waiver of fees on Judicial Council (forms FW-001 APP-015/FW-015INFO).

The above chart does not apply to a Petition for Writ of Habeas Corpus filed by a petitioner not represented by an attorney. See Cal. Rules of Court, (rule 8.380) and required Judicial Council (form MC-275). The above chart also does not apply to a Petition for Transfer from the Appellate Division of the Superior Court under (rule 8.1006) as to color of covers. See (rule 8.40(b)(1).)

Rules of Court pertaining to writs

The procedural requirements for writ petitions vary depending on the type of petition.  Refer to the following Rules of Court:

(Rule 8.452 or 8.456) (dependency writs) Judicial Council (form JV-825).

(Rule 8.112 and Rule 8.116) (supersedeas),

(Rule 8.380 or Rule 8.384) (Habeas corpus)

(Rules 8.485, 8.486) (writs of mandate, certiorari, and prohibition)

(Rules 8.495, 8.496, and 8.498) (misc. writs of review)

See (Rule 8.1006) for a petition for transfer.

Cal. Rules of Court, (rule 8.204(c)(1).) applies to petitions filed under Cal. Rules of Court, (rule 8.485) and (8.486(a)(6).) In fact, a petition must comply with (rule 8.204) in its entirety if you are filing a petition for writ of mandate, certiorari or prohibition.

File an original plus two paper copies and an electronic copy of the petition or responsive pleading. Only an original plus an electronic copy is required of exhibits bound separately from the petition. See Misc. Order 12-4. Exhibits must contain a table of contents, be tabbed on the right-hand side, and consecutively paginated. One complete set of exhibits must also be served on each party.

A filing fee of $775.00 must accompany the original proceeding except for criminal or juvenile proceedings, WCAB petitions, or petitions for writ of supersedeas. If indigent, petitioner may submit a request for waiver of fees on the Judicial Council form, which is available at the Court of Appeal. See (APP-015/FW-015INFO).

A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 5 days shall be personally served prior to filing with the Court of Appeal and shall be accompanied by a declaration establishing service or lack thereof.

There shall be a proof of service on the judge in the superior court from whose ruling the writ is taken and on opposing counsel. The proof of service must name each party represented by each attorney served and list each attorney's telephone number. The cover of the petition must include the name of the judge from whose ruling the writ is taken.

All petitions must be verified by petitioner or counsel.

Each party in a civil case, other than family, juvenile, guardianship, or conservatorship cases, and any entity that is a defendant in a criminal case must serve and file a Certificate of Interested Entities or Persons.

When requesting a stay, injunction, or other form of relief be issued within 15 days, the cover of the document shall bear the conspicuous notation "IMMEDIATE RELIEF REQUESTED" and shall indicate the date by which relief is being sought. If the writ petition requests a temporary stay, the cover of the writ petition must prominently display the notice "STAY REQUESTED" and identify the nature and date of the proceeding or act sought to be stayed.

The court may deny the petition without requesting opposition. If a response is desired, the court will notify counsel by written request.

The Sixth District Outline of Original Proceedings is available for download in .pdf or .doc format.

 

Formatting a writ with a stay request

Emergency Stay Requests

  1. The cover must state "IMMEDIATE RELIEF REQUESTED."
  2. The cover must include the name and telephone number of the trial judge whose order the requests seeks to stay. (Rule 8.116(b).)
  3. It may be useful to give the clerk's office advance telephone notice of your intent to file a writ petition later in the day. This is particularly true if your petition may be filed shortly before the filing window is due to close, or in close proximity to a weekend or holiday. Be sure that you have personally served the petition, and adequately explained the urgency of the writ petition.

A petition for an extraordinary writ with a request that a stay, injunction, or other form of relief be issued within 5 days must be served prior to filing with the Court of Appeal and shall be accompanied by a declaration establishing service or lack thereof.

Other Stay Requests

For other temporary stay requests, the document's cover must prominently display the notice "STAY REQUESTED", and identify the nature and date of the proceeding sought to be stayed. (Rule 8.116(a).)

Time frames for filing a writ

File the petition as soon as you can.  The petition is deemed filed when the documents are received by the clerk's office.  The special rules for overnight delivery of briefs do not apply to writs.  (Rule 8.25(b)(4).)

 

10 days after service of written notice of order Disqualification/challenge of a judge Code Civ. Proc., § 170.3(d)

 

Quash service denied Code Civ. Proc., § 418.10(c)
20 days after service of written notice of order Coordination Code Civ. Proc., § 404.6
Expunge lis pendens Code Civ. Proc., § 405.39
Good faith settlement Code Civ. Proc., § 877.6(e)
Inspection of public records Gov. Code, § 6259(c)
Reclassify civil action Code Civ. Proc., § 403.080
Summary judgment denied or summary adjudication Code Civ. Proc., § 437c(m)(1)
Venue Code Civ. Proc., § 400
20 days after first arraignment Juvenile unfitness Rule 5.770(i)
15 days after entry of order denying motion to dismiss Set aside information or indictment Pen. Code, §§ 995, 999a
30 days after entry of order granting or denying motion to suppress evidence Suppression of evidence Pen. Code, §§ 1538.5 (i), (o)
30 days after issuance of final ALRB order Agricultural Labor Relations Board (ALRB) Lab. Code, § 1160.8
30 days after PUC decision on rehearing Public Utilities Commission (PUC) Pub. Util. Code, § 1756

45 days after denial or disposition of reconsideration

Workers' Compensation Appeals Board (WCAB)

Lab. Code, § 5950

NONSTATUTORY 60-Day Rule:

60 days after entry of order

Nonstatutory writ petition

Popelka, Allard, McCowan & Jones v. Superior Court (1980) 107 Cal.App.3d 496

Serving and filing exhibits to writ petitions

Formatting: Exhibits must contain a table of contents listing exhibits by document title and corresponding index-tab, be tabbed (by number or letter) on the right hand side and consecutively paginated. Include a comprehensive table of contents covering all volumes. (Rule 8.486(c)(1).) Use a red cover.

Number of Pages: Don't put more than 300 pages in any single volume of exhibits.  Consecutively number the pages. (Rule 8.486(c)(1)(A).) If you don't have many exhibits, you may bind them together in a single volume with the writ petition, in which case the exhibits should be consecutively numbered with the petition.

Filing: You only need to file an original of the exhibits and one electronic copy if they are bound separately from the petition. (Rule 8.44(b)(5).)

Service: You must serve a complete set of the exhibits on each real party in interest. You do not have to serve a copy of the exhibits on the superior court. (Rule 8.486(e)(1).)

Filing a writ under seal

Rules 8.45, 8.46, and 8.47 govern sealed and confidential records and petitions.

Opposing a writ

  1. Preliminary Opposition
    You are not required to oppose a writ petition, and you may elect to wait until invited to do so by the court. The court ordinarily will not issue an alternative writ, order to show cause or a peremptory writ without first inviting a response from you by written notice/order.

    1. Filing. Unless the court specifies a different due date, your preliminary opposition should be served and filed within 10 days after the petition is filed. (Rule 8.487(a)(1).) Opposition to a petition for writ of supersedeas is due within 15 days, unless the court orders a different time. (Rule 8.112(b)(1).) A responsive fee is due in civil cases.
    2. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons in your preliminary opposition, or, if no opposition is filed, in your return, if any. CRC (8.488(c)(2).) Click for Judicial Council (form APP-008).
    3. Contents. Your preliminary opposition should explain or correct any factual or legal inadequacies in the petition and should point out why writ relief is not appropriate or why the petitioner has other remedies. The preliminary opposition need not contain a full-blown legal analysis. If necessary you will have another chance when you file your return.
    4. Formatting. The preliminary opposition is bound by a red cover. (Rule 8.40(b)(1).) It may be relatively informal and should explain why there is no urgency or why the case is too complex or disputed to permit such a summary remedy.
    5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your opposition should fully and completely brief the legal and factual issues, since this may be your only opportunity to do so. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

  2. Return
    You should file a return if the court issues an order to show cause or an alternative writ. (Rule 8.487(b)(2).)

    1. Certificate of Interested Entities. Include a copy of the Certificate of Interested Entities or Persons if you did not previously include it in your preliminary opposition, if any. (Rule 8.488(c)(2).) Click for Judicial Council (form APP-008).
    2. Filing. The return is due on the date specified by the court; if no date is specified, the return is due within 30 days after the court issues the alternative writ or order to show cause. (Rule 8.487(b)(2).) The return is deemed filed when received by the clerk's office. The special rules for overnight delivery of briefs do not apply to writs. (Rule 8.25(b)(4).) A responsive fee is due in civil cases.
    3. Formatting. The return, like the petition, is a pleading and should contain the return itself (in the form of an verified answer, demurrer or both), a table of contents and table of authorities, a legal memorandum of points and authorities, and a certificate of the word count, not to exceed 14,000 words. (Rules 8.204(c)(1), 8.485(a) and 8.486(c)(1)(C).) Use a red cover. (Rule 8.40(b)(1).)
    4. Verification. The return should include a statement of "any material fact not included in the petition," but if you do include such facts, you must verify them. (Rule 8.487(a)(2) and 8.487(b)(1).) Also, use the verified answer to deny any material facts alleged in the petition. Without a verified answer, the court may accept petitioner's factual allegations as true.
    5. "Palma Notice." Where you receive a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance), your return should fully and completely brief the legal and factual issues, since this may be your only opportunity. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.)

    Filing a reply in a writ

    Reply to Preliminary Opposition: A petitioner may file an optional reply in support of a writ petition after receiving preliminary opposition from the other side. You may serve and file a reply within 10 days after the preliminary opposition is filed. (Rule 8.487(a)(3).) But be aware that the writ panel already may have reached a decision on your writ petition before this time!

    Reply to Return: You may have a longer period of time to file a reply if the court issues an alternative writ, order to show cause or a "Palma notice" (that the court is considering issuing a peremptory writ in the first instance). The court usually will specify the deadline for such a reply in the alternative writ or order to show cause. If it does not, you have 15 days to serve and file a reply after the return or opposition is filed. (Rule 8.487(b)(3).)

    Filing a writ in a limited civil case

    Filing with the Appellate Division:

    You should file a writ petition challenging a ruling in a limited civil case with the Appellate Division of the Superior Court, not with the Court of Appeal. That is because the Appellate Division is the next higher court capable of granting relief.

    1. The rules for appeals to the Appellate Division are contained at (rule 8.800 to 8.936).

    Filing with the Court of Appeal:

    1. If you do choose to file a writ petition with the Court of Appeal from a ruling in a limited civil case, you must indicate whether you have previously filed with the Appellate Division and, if yes, how the Appellate Division ruled. Attach a copy of the Appellate Division's decision.
    2. If you have not previously filed with the Appellate Division, you must specify the extraordinary circumstances making it proper to file the petition with the Court of Appeal in the first instance. (Rule 8.486(a)(1).)
    3. Since the Appellate Division is the proper forum for appellate review of rulings in limited civil cases, you probably cannot get a "second bite at the apple" from the Court of Appeal. Your writ petition should explain why your case involves a public interest issue of statewide importance, or why writ review by the Court of Appeal is necessary to settle an important question of law.

    Appellate Division Transfers

    Appellate division transfers are considered under Code of Civil Procedure section 911 and (rules 8.1000) et seq. Under the Rules of Court, transfer may be ordered only where the appellate division has either published its opinion or certified the case for transfer or upon a party’s petition to transfer. The Court of Appeal has “uncontrolled discretion” to grant or deny transfer. (Dvorin v. Appellate Dept. (1975) 15 Cal.3d 648, 650.) Transfer will be ordered only if the Court of Appeal determines “that transfer is necessary to secure uniformity of decision or to settle an important question of law.” (Rule 8.1002.)

    Summary denial, alternative writ, order to show cause, and peremptory writs

    The writ panel discusses the merits of the writ petition at the writ conference and decides upon an appropriate remedy. The writ panel has a number of procedural options.

    1. Summary Denial. The writ panel may deny the writ petition without opposition, or the writ panel may issue an order denying the writ after preliminary opposition has been filed or after the deadline for preliminary opposition has passed.

    1. The writ petition or stay request may be summarily denied if the petitioner doesn't submit an adequate record or explain why some documents are missing and what they would have contained. The writ petition or stay request also may be rejected or delayed if the petitioner doesn't meet other procedural requirements for service (including personal service for requests for emergency stays), verification, or certificate of interested entities. (Rule 8.486(b)(4).) If a transcript of the hearing has been ordered, but is not yet available, the writ petition may be delayed until the transcript arrives. (Rule 8.486(b)(3)(A).)
    2. There is no right to an oral argument for a summary denial.
    3. A summary denial of a writ petition is final immediately, and the court loses jurisdiction over the matter. (Rules 8.490(b)(1) and 8.499(c)(1).)

    2. Alternative Writ. The writ panel may issue an alternative writ to provide the superior court with a second chance to change its ruling. The alternative writ directs the petitioner to serve the alternative writ upon the superior court and provides the court an additional period of time in which to comply with the alternative writ.

    1. If the superior court reverses its ruling, the writ petition will be denied as moot. The petitioner should immediately notify the Court of Appeal if the superior court complies with the alternative writ.
    2. If the superior court does not comply with the alternative writ, the alternative writ usually will specify a deadline for a return to be filed by the real party in interest and for an optional reply to be filed by petitioner. (Rule 8.487(b).) [Note: if the court does not set a deadline, the return is due within 30 days, and the reply is due within 15 days.] (Rule 8.487(b)(2), 8.487(b)(3).) The alternative writ also may set a date for oral argument, and the matter ultimately will be decided by written opinion with reasons stated. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rules 8.490(b) and, 8.499(c)(2)).

    3. Order to Show Cause. If the Court of Appeal wants further briefing and argument on the issues raised by the writ petition, the court will directly issue an order to show cause (OSC) to the real party in interest without issuing an alternative writ. The order to show cause will specify a deadline for the real party's "return" and for the petitioner's reply. (Rule 8.487(b)). The order to show cause also may set a date for oral argument. The court will file a written opinion whether or not relief is granted. The opinion becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rule 8.490(b)).

    4. Peremptory Writ. Peremptory writs are reserved for exceptional situations where either (i) some "unusual urgency" justifies acceleration of the normal writ process or (ii) petitioner's entitlement to relief is "so obvious that no purpose could reasonably be served by plenary consideration of the issue." This may occur where there has been clear error under well-settled principles of law and undisputed facts. (See Lewis v. Superior Court (1999) 19 Cal.4th 1232.)

    1. "Palma Notice". The Court of Appeal will not issue a peremptory writ in the first instance unless you have been given what is called a "Palma notice." (The name of the notice comes from the California Supreme Court decision in Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.) The Palma notice puts the real party in interest on notice that the court may issue a peremptory writ in the first instance, without a prior alternative writ.

      1. You may receive a Palma notice in the prayer of the petition itself if the petitioner asks the Court of Appeal to issue a peremptory writ in the first instance.
      2. The Court of Appeal may issue a Palma notice by separate court order.

    2. The court may (or may not) decide to have oral argument on peremptory writs.
    3. A written opinion granting a peremptory writ in the first instance becomes final 30 days after filing, unless the court grants earlier finality in the interests of justice. (Rule 8.490(b)).

      When will I receive a ruling?

      The Court of Appeal is not bound by a time limit for ruling on a petition.  The consideration of any particular writ depends upon the urgency of the relief, the adequacy of the record, whether preliminary opposition is requested, the size and complexity of the writ petition and the other matters for the writ panel to consider.

      Additional Requirements

      A petitioner who requests an immediate stay must explain in the petition the reasons for the urgency and set forth all relevant time constraints.  In addition, the date of the requested stay must be stated on the front cover.

      Show proof of service on the clerk of the superior court and opposing counsel.  The proof of service must indicate the party represented by each attorney served and must give the telephone number of each attorney..  Providing the State Bar number of each attorney on the proof of service may expedite the processing of your writ petition.

      A petition for an extraordinary writ that seeks review of a superior court ruling must be accompanied by the following: a copy of the order or judgment from which relief is sought; copies of all documents submitted to the superior court supporting and opposing petitioner's petition; and a transcript of the proceedings leading to the order or judgment in the superior court.  Failure to provide an adequate record is ground for denial.

      Exhibits to the petition must be tabbed, consecutively paginated, and accompanied by a table of contents. Include a comprehensive table of contents covering all volumes.

      No bound documents can exceed 300 pages per volume.


      RECORD RETRIEVAL



      How do I get a copy of the record, opinion or document?

      The Court of Appeal does not make copies of the record or briefs. The Court of Appeal makes public records available for viewing but it is up to the party to either hire a copy service if he/she wants copies made or use the self-service copier for 25 cents per page. Opinions are posted to the web within an hour of rendering.

      How do I get a copy of a case docket sheet?

      Most docket sheets may be obtained online.

      How do I view the record?

      Records may be viewed in the Clerk's Office lobby during regular office hours.  You may want to call ahead to verify the record is available before visiting.  Inactive cases may be in offsite storage.

      Criminal and civil files are public record and are available for viewing unless they have been sealed by the court.  Juvenile, paternity, and mental health cases are confidential and not available to the public.

      How do I request viewing a case record held in offsite storage?

      1. Call to verify the availability of the record.

      2. Provide the Court with a written letter requesting the record. 

      3. Include a $40  retrieval fee.  Records contained in multiple boxes may require additional fees.  If paying by check, make your check payable to the Clerk, Court of Appeal.

      How do I get a document certified?

      The party seeking certification must submit a true and accurate copy of the document  he/she  desires certified. The remittitur can only be certified by the trial court. The  timeframe for certification of documents is three to five days once the documents are  received by the Court.  Comparison and certification fees will apply.

      Are Court of Appeal records available for viewing by the public?

      Yes. Call the Court of Appeal to verify the availability of the record before visiting.  Inactive cases may be offsite.

      Criminal and Civil files are public record and available for viewing unless they have been sealed by the Court.  However, juvenile, paternity and mental health cases are confidential and not available to the public.

      Court of Appeal records may not be taken offsite under any circumstances.  Records may only be viewed in the lobby.

      How long does it take to retrieve the record?

      Records stored offsite may take up to 3 weeks to obtain; however, in most instances, records are available within one week.  The Court will call the requestor when the record arrives.

      How long will the record be available for viewing/copying?

      A record can usually be kept available for as long as a party is actually viewing or copying it, generally not more than one month.  

      Electronic record retrieval requests

      The Court cannot receive requests by fax or other electronic methods. 

      Can I pay by credit card?

      Not at this time.  The Court of Appeal only accepts payments by check or cash.

      Can I download documents electronically?

      Not at this time.  The one exception is opinions as mentioned above.

      Under what circumstances will the record be unavailable?

      1.     The case is under review with the Court: Please contact the Clerk's Office for more information as to when the record may become available.

      2.     The Supreme Court has granted review of the case: In these circumstances, the record is only available through the Supreme Court.  Please contact their San Francisco location at 415-865-7000.

      3.     The case has been destroyed: The Record Retention Schedule is as Follows:

      Civil Records: 10 years

      Criminal and Juvenile Records: 20 years

      Some records may be preserved locally or archived at the California State Archives in Sacramento.  For more information regarding archived records, please see the California State Archive website at: http://www.sos.ca.gov/archives/

      May I take apart the document for quicker scanning?

      The only time you may do this is if you have the appropriate equipment to rebind the documents. The exception is documents with tape binding.  These documents may not be unbound under any circumstances.  Additionally, cases from the 1980s and prior may contain documents printed on very thin onion paper.  Copying/scanning these documents with a feeder will require special equipment able to handle this sensitive paper. If you do not have access to this type of equipment these documents must be copied on the glass surface of the copier/scanner.


      INTERNAL OPERATING PROCEDURES (IOPs)



      Introduction

      The purpose of this document is to acquaint the bar and interested members of the public with the general operating practices of the Court of Appeal, Sixth Appellate District.

      The internal procedures of the Court of Appeal are largely governed by the California Constitution, statutes, and the appellate rules adopted by the Judicial Council. The Court of Appeal may adopt and publish its own rules that do not conflict with a statute or rule adopted by the Judicial Council.

      Read More >>

      Site Map | Careers | Contact Us | Accessibility | Public Access to Records | Terms of Use | Privacy