Practices & Procedures

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 8.400).

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

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

Please see California Rules of Court, (rules 8.104) (Civil), (8.308) (Criminal) or (8.400) (Juvenile) for information on when to file the Notice of Appeal.

Preparing record on appeal

For civil appeals: Designate the clerk's transcript within 10 days after filing the notice of appeal, the appellant (appealing party) must serve and file a notice in superior court designating the documents to be included in the clerk's transcript with service of a conformed copy on the Court Of Appeal Cal. Rules of Court, (rule 8.124). 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).)

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

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.

Appellants wishing to prepare their own appendix should elect to proceed under (rule 8.124). Judicial Council (forms APP-001 and APP-002) may be used.

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.

Filing superior court exhibits

Although exhibits are deemed part of the clerk's transcripts, 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).) or to the Court of Appeal pursuant to (rule 8.224(b)(2).)

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 exhibits 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.

Correct 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, (rules 8.155(b), 8.340(b), and 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 below on how to file and serve the document.

If you would like to add new items to the record, you may either file a Request for Judicial Notice (for items that were not before the lower court, Cal. Rules of Court, (rule 8.252(a).) or a Motion to Augment items that were before the lower court but were not designated, Cal. Rules of Court, (rule 8.155). Please see the Motions/Requests/Dismissals section below 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: 2DCA/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.

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 here 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 (for example: to augment the record, 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 (rules 8.208, 8.488, 8.495(c), 8.496(c) and 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)(1)(c), § 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 §§ 8.880 to 8.935.
  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., § 904.1.)
  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.” (Rules 8.1002, 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 8.1008.)
Briefs & Appendices Time frames and service requirements for briefs

For Civil Appeals CRC (8.212.)

Appellant's opening brief (AOB)

respondent's brief (RB)

Appellant's reply brief (ARB)

Amicus curiae brief

For Criminal Appeals CRC (8.360)

Appellant's opening brief (AOB)

Respondent's brief (RB)

Appellant's reply brief (ARB)

See (rule 8.29) of the California Rules of Court for service on a nonparty public officer or agency. See Judicial Council (form 2DCA/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, as are the appellant's reply brief and cross-respondent's briefs. (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. 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 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. 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 75 pages. (Rules 8.360(b), 8.412(a).)
  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

  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.

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, recycled, 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

  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 JA 692:5-693:7.
  5. Respondent's Appendix - "RA".
  6. Appellant's Reply Appendix - "ARA".

Citation References

  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

Extensions Filing an extension of time

All should be e-Filed. When e-Filed, no paper copies are to be sent to the Court of Appeal. Otherwise, see below.

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 (see also 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).)
  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).)
  1. 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. (Rules 8.60(c) and 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).
  2. 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.
  3. Proposed Order. You may include a proposed order, to be signed by the presiding justice.
  4. 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).)
  5. Filing Requirements. File an original of your extension request (no cover) with the court.

Criminal Appeals & Dependency 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. (Rules 8.60, and 8.360(c)(4).) 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. (Rules 8.50, 8.60(c), and 8.63(b).) In determining good cause, the Presiding Justice considers the factors listed in (rule 8.63(b).)
  1. File an original (no cover) with the clerk's office. You must include a proof of service on all parties to the appeal or proceeding.

(Extensions - Appeals from all terminations of parental rights)

  1. You may apply to the Presiding Justice for an extension of time, but you must show "exceptional" good cause. (Rules 8.416(f), 8.450(d).) 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. (Rules 8.50, 8.60(c), and 8.63(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 the original request for an extension (no cover) with a proof of service on opposing counsel.

(Rule 8.220(a).) Notices (formerly called "Rule 17(a) notices" before the appellate rules were renumbered in January 2007)

  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 appeals from Orange, Imperial & San Diego Counties and 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).) 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).)
    3. For dependency appeals from all terminations of parental rights and all dependency appeals in Orange, Imperial and San Diego Counties, 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. (Rules 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 8.412(d)(3).)

    Motions / Requests / Settlements / Dismissals Filing a motion or application

    All should be e-Filed. If e-Filed no paper copies are to be sent to the Court of Appeal. Otherwise, see chart below.

    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 alone. (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) and 8.57(a).) If a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal, in conformance with the district's policies regarding motions.

    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. If the parties stipulate to dismiss the appeal, the parties may stipulate to costs and issuance of the remittitur. If there is no such stipulation, respondent will be awarded costs and the remittitur will be issued on the 61st day after the filing of the order to dismiss. Again, if a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal, in conformance with the district's policies regarding motions.

    When are motions heard?

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