Rule 8.702. Appeals
Cal. Rules of Court, rule 8.702
Current text effective July 1, 2025.
#(a) Application of general rules for civil appeals
Except as otherwise provided by the rules in this chapter, rules 8.100-8.278, relating to civil appeals, apply to appeals under this chapter.
#(b) Notice of appeal
#(1) Time to appeal
The notice of appeal must be served and filed on or before the earlier of:
#(A) Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served; or
#(B) Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service.
#(2) Contents of notice of appeal
The notice of appeal must:
#(A) State that the superior court judgment or order being appealed is governed by the rules in this chapter;
#(B) Indicate whether the judgment or order pertains a streamlined CEQA project;
#(C) If the judgment or order being appealed pertains to an environmental leadership development project, an Oakland ballpark project, an Inglewood arena project, an energy infrastructure project, a semiconductor or microelectronic project, or a water-related project, provide notice that the person or entity that applied for certification or approval of the project as such a project must make the payments required by rule 8.705; and
#(D) If the judgment or order being appealed pertains to an environmental leadership transit project, provide notice that the project applicant must make the payments required by rule 8.705.
(Subd (b) amended effective December 31, 2023; previously amended effective January 1, 2016, and January 1, 2017, March 11, 2022, and January 1, 2023.)
#(c) Extending the time to appeal
#(1) Motion for new trial
If any party serves and files a valid notice of intention to move for a new trial or, under rule 3.2237, a valid motion for a new trial and that motion is denied, the time to appeal from the judgment is extended for all parties until the earlier of:
#(A) Five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order; or
#(B) Five court days after denial of the motion by operation of law.
#(2) Motion to vacate judgment
If, within the time prescribed by subdivision (b) to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment and that motion is denied, the time to appeal from the judgment is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.
#(3) Motion to reconsider appealable order
If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.
#(4) Cross-appeal
If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until five court days after the superior court clerk serves notification of the first appeal.
#(d) Record on appeal
#(1) Record of written documents
The record of the written documents from the superior court proceedings other than the administrative record must be in the form of a joint appendix or separate appellant's and respondent's appendixes under rule 8.124.
#(2) Record of the oral proceedings
#(A) The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court. If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must designate a reporter's transcript.
#(B) Any party that submits a copy of a Transcript Reimbursement Fund application in lieu of a deposit under rule 8.130(b)(3) must serve all other parties with notice of this submission when the party serves its notice of designation of the record. Within five days after service of this notice, any other party may submit to the trial court the required deposit for the reporter's transcript under rule 8.130(b)(1), the reporter's written waiver of the deposit under rule 8.130(b)(3)(A), or a certified transcript of all of the proceedings designated by the party under rule 8.130(b)(3)(C).
#(C) Within 10 days after the superior court notifies the court reporter to prepare the transcript under rule 8.130(d)(2), the reporter must prepare and certify an original of the transcript and file the original and required number of copies in superior court.
#(D) If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:
#(e) Superior court clerk duties
Within five court days following the filing of a notice of appeal under this rule, the superior court clerk must:
#(1) Serve the following on each party:
#(f) Briefing
#(1) Electronic filing
Unless otherwise ordered by the reviewing court, all briefs must be electronically filed.
#(2) Time to serve and file briefs
Unless otherwise ordered by the reviewing court:
#(A) An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.
#(B) A respondent must serve and file its brief within 25 days after the appellant files its opening brief.
#(C) An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.
#(3) Contents and form of briefs
#(A) The briefs must comply as nearly as possible with rule 8.204.
#(B) If a designated reporter's transcript has not been filed at least 5 days before the date by which a brief must be filed, an initial version of the brief may be served and filed in which references to a matter in the reporter's transcript are not supported by a citation to the volume and page number of the reporter's transcript where the matter appears. Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
#(C) Unless otherwise ordered by the court, within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the record on appeal, cited decisions, and the parties' other briefs. Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.
#(4) Extensions of time to file briefs
If the parties stipulate to extend the time to file a brief under rule 8.212(b), they are deemed to have agreed that the statutorily prescribed time for resolving the action may be extended by the stipulated number of days of the extension for filing the brief and, to that extent, to have waived any objection to noncompliance with the deadlines for completing review stated in Public Resources Code sections 21168.6.6–21168.6.9, 21185, 21189.70.3, and 21189.85 for the duration of the stipulated extension.
#(5) Failure to file brief
If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must serve the party with a notice indicating that if the required brief is not filed within two court days of service of the clerk's notice, the court may impose one of the following sanctions:
#(A) If the brief is an appellant's opening brief, the court may dismiss the appeal;
#(B) If the brief is a respondent's brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant; or
#(C) Any other sanction that the court finds appropriate.
(Subd (f) amended effective July 1, 2025; previously amended effective January 1, 2017, March 11, 2022, January 1, 2023, and December 23, 2023.)
#(g) Oral argument
Unless otherwise ordered by the reviewing court, oral argument will be held within 45 days after the last reply brief is filed. The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date. The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.
#History
Rule 8.702 amended effective July 1, 2025; adopted effective July 1, 2014; previously amended effective January 1, 2016, January 1, 2017, March 11, 2022, January 1, 2023, and December 23, 2023.
What this rule requires
Electronic Filing Rules
Unless otherwise ordered by the reviewing court, all briefs must be electronically filed.
Filing Timing and Cure Windows
Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;
Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service.
Five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;
Five court days after denial of the motion by operation of law.
If a party timely serves and files a valid notice or motion to vacate and the motion is denied, all parties have five court days after service of the denial order or its notice of entry to appeal the judgment.
The rule's wording
If, within the time prescribed by subdivision (b) to appeal from the judgment, any party serves and files a valid notice of intention to move-or a valid motion-to vacate the judgment and that motion is denied, the time to appeal from the judgment is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.
If any party serves and files a valid motion to reconsider an appealable order under Code of Civil Procedure section 1008, subdivision (a), the time to appeal from that order is extended for all parties until five court days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order.
If an appellant timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is extended until five court days after the superior court clerk serves notification of the first appeal.
An appellant in an appeal under this chapter must file the rule 8.121 notice designating the record with its notice of appeal.
The rule's wording
The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court.
Within five days after service of the notice, another party may submit to the trial court the specified deposit, reporter’s written waiver, or certified transcript.
The rule's wording
Within five days after service of this notice, any other party may submit to the trial court the required deposit for the reporter's transcript under rule 8.130(b)(1), the reporter's written waiver of the deposit under rule 8.130(b)(3)(A), or a certified transcript of all of the proceedings designated by the party under rule 8.130(b)(3)(C).
Within 10 days after the superior court notifies the court reporter to prepare the transcript under rule 8.130(d)(2), the reporter must prepare and certify an original of the transcript and file the original and required number of copies in superior court.
A party identified in the clerk’s default notice must perform the required record-procurement act within two court days after service, or the reviewing court may impose a listed sanction.
The rule's wording
If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:
Within five court days following the filing of a notice of appeal under this rule, the superior court clerk must:
An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.
A respondent must serve and file its brief within 25 days after the appellant files its opening brief.
An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.
The revised brief must be served and filed within 10 days after the reporter’s transcript is filed.
The rule's wording
Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
Unless the court orders otherwise, each party must submit the electronic version within five days after filing its brief.
The rule's wording
Unless otherwise ordered by the court, within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the record on appeal, cited decisions, and the parties' other briefs.
After the clerk serves a default notice for an untimely opening or respondent’s brief, the party has two court days to file the brief before the court may impose a listed sanction.
The rule's wording
If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must serve the party with a notice indicating that if the required brief is not filed within two court days of service of the clerk's notice, the court may impose one of the following sanctions:
Unless otherwise ordered by the reviewing court, oral argument will be held within 45 days after the last reply brief is filed.
The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date.
Service and Proof of Service Rules
Five court days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;
Five court days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service.
An appellant in an appeal under this chapter must serve the rule 8.121 notice designating the record with its notice of appeal.
The rule's wording
The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court.
Any party that submits a copy of a Transcript Reimbursement Fund application in lieu of a deposit under rule 8.130(b)(3) must serve all other parties with notice of this submission when the party serves its notice of designation of the record.
If a party defaults on the specified record-procurement duties, the superior court clerk must serve notice requiring the party to cure within two court days, or the reviewing court may impose a listed sanction.
The rule's wording
If the appellant does not present its notice of designation as required under (A) or if any designating party does not submit the required deposit for the reporter's transcript under rule 8.130(b)(1) or a permissible substitute under rule 8.130(b)(3) with its notice of designation or otherwise fails to timely do another act required to procure the record, the superior court clerk must serve the defaulting party with a notice indicating that the party must do the required act within two court days of service of the clerk's notice or the reviewing court may impose one of the following sanctions:
Notification of the filing of the notice of appeal; and
A copy of the register of actions, if any.
An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.
A respondent must serve and file its brief within 25 days after the appellant files its opening brief.
An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.
The revised brief must be served within 10 days after the reporter’s transcript is filed.
The rule's wording
Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must serve the party with a notice indicating that if the required brief is not filed within two court days of service of the clerk's notice, the court may impose one of the following sanctions:
The reviewing court clerk must send a notice of the time and place of oral argument to all parties at least 15 days before the argument date.
The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.
Document Format Requirements
The record of the written documents from the superior court proceedings other than the administrative record must be in the form of a joint appendix or separate appellant's and respondent's appendixes under rule 8.124.
The briefs must comply as nearly as possible with rule 8.204.
Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.
Document Filing Requirements
State that the superior court judgment or order being appealed is governed by the rules in this chapter;
Indicate whether the judgment or order pertains a streamlined CEQA project;
If the appealed judgment or order concerns one of the listed project types, the notice of appeal must notify the applicant that it must make the payments required by rule 8.705.
The rule's wording
If the judgment or order being appealed pertains to an environmental leadership development project, an Oakland ballpark project, an Inglewood arena project, an energy infrastructure project, a semiconductor or microelectronic project, or a water-related project, provide notice that the person or entity that applied for certification or approval of the project as such a project must make the payments required by rule 8.705; and
If the judgment or order being appealed pertains to an environmental leadership transit project, provide notice that the project applicant must make the payments required by rule 8.705.
The appellant must serve and file with its notice of appeal a notice designating the record under rule 8.121 specifying whether the appellant elects to proceed with or without a record of the oral proceedings in the trial court.
If the appellant elects to proceed with a record of the oral proceedings in the trial court, the notice must designate a reporter's transcript.
A copy of the notice of appeal;
A copy of the appellant's notice designating the record; and
An electronic copy of the administrative record.
If the designated reporter’s transcript has not been filed at least five days before the brief’s filing date, the initial brief may omit volume-and-page citations for transcript matters.
The rule's wording
If a designated reporter's transcript has not been filed at least 5 days before the date by which a brief must be filed, an initial version of the brief may be served and filed in which references to a matter in the reporter's transcript are not supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
Within 10 days after the reporter’s transcript is filed, the party must serve and file a revised brief with volume-and-page citations for every transcript matter.
The rule's wording
Within 10 days after the reporter's transcript is filed, a revised version of the brief must be served and filed in which all references to a matter in the reporter's transcript must be supported by a citation to the volume and page number of the reporter's transcript where the matter appears.
Unless the court orders otherwise, each party must submit an electronic, hyperlink-containing version of its brief within five days after filing the brief.
The rule's wording
Unless otherwise ordered by the court, within 5 days after filing its brief, each party must submit an electronic version of the brief that contains hyperlinks to material cited in the brief, including electronically searchable copies of the record on appeal, cited decisions, and the parties' other briefs.
Adjournment & Extension Requirements
When parties stipulate to extend a brief-filing time under rule 8.212(b), they are deemed to accept a matching extension of the statutory action-resolution time and to waive objections to the specified review deadlines for the extension’s duration.
The rule's wording
If the parties stipulate to extend the time to file a brief under rule 8.212(b), they are deemed to have agreed that the statutorily prescribed time for resolving the action may be extended by the stipulated number of days of the extension for filing the brief and, to that extent, to have waived any objection to noncompliance with the deadlines for completing review stated in Public Resources Code sections 21168.6.6–21168.6.9, 21185, 21189.70.3, and 21189.85 for the duration of the stipulated extension.
Official text: courts.ca.gov , checked October 19, 2026.
#Advisory Committee Comment
Subdivision (b). It is very important to note that the time period to file a notice of appeal under this rule is the same time period for filing most postjudgment motions in a case regarding the Sacramento arena project, and in a case regarding any other streamlined CEQA project, the deadline for filing a notice of appeal may be earlier than the deadline for filing a motion for a new trial, a motion for reconsideration, or a motion to vacate the judgment.