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Court Rules

Filing Timing and Cure Windows in the California Rules of Court

1,667 requirements in 496 rules

Filing Timing in every court and judge's rules

Cal. Rules of Court, rule 1.10. Time for actions

  • Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday.

  • The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded.

Cal. Rules of Court, rule 1.11. Holiday falling on a Saturday or Sunday

  • When a judicial holiday specified by Code of Civil Procedure section 135 falls on a Sunday, the courts must observe the holiday on the following Monday.

  • When a judicial holiday specified by Code of Civil Procedure section 135 falls on a Saturday, the courts must observe the holiday on the preceding Friday.

Cal. Rules of Court, rule 1.20. Effective Date of Filing

  • Unless otherwise provided, a document is deemed filed on the date it is received by the court clerk.

Cal. Rules of Court, rule 1.40. Statutory references on forms

  • The references to statutes and rules at the bottom of Judicial Council forms are advisory only. The presence or absence of a particular reference is not a ground for rejecting a form otherwise applicable in the action or proceeding for the purpose presented.

Cal. Rules of Court, rule 1.100. Requests for accommodations by persons with disabilities

  • The request for review must be submitted within 10 days of the date the response under (e)(2) was delivered in person or sent.

  • Requests must be forwarded to the ADA coordinator, also known as the access coordinator, or designee, within the time frame provided in (c)(3).

  • If the determination to grant or deny a request for accommodation is made by a presiding judge or another judicial officer, an applicant or any participant in the proceeding may file a petition for a writ of mandate under rules 8.485-8.493 or 8.930-8.936 in the appropriate reviewing court. The petition must be filed within 10 days of the date the response under (e)(2) was delivered in person or sent to the petitioner.

  • Requests for accommodations must be made as far in advance as possible, and in any event must be made no fewer than 5 court days before the requested implementation date. The court may, in its discretion, waive this requirement.

Cal. Rules of Court, rule 1.150. Photographing, recording, and broadcasting in court

  • The form must be filed at least five court days before the portion of the proceeding to be covered unless good cause is shown.

Cal. Rules of Court, rule 2.20. Application for an order extending time

  • An order extending time must be filed immediately and copies served within 24 hours after the making of the order or within such other time as may be fixed by the court.

Cal. Rules of Court, rule 2.40. Requests for accommodations to pump or express breast milk

  • (3) Requests for accommodations should be made in advance, if possible.

  • (2) If the determination to grant or deny a request for accommodation is made by a presiding judge or another judicial officer, an applicant may file a petition for a writ of mandate under rules 8.485–8.493 or 8.930–8.936 in the appropriate reviewing court. The petition must be filed within 10 days of the date the response under rule 2.40(e)(2) was delivered in person or sent to the petitioner.

  • (1) If the determination to grant or deny a request for accommodation is made by nonjudicial court personnel, an applicant may submit a written request for review of that determination to the presiding judge or designated judicial officer. The request for review must be submitted within 10 days of the date the response under rule 2.40(e)(2) was delivered in person or sent.

Cal. Rules of Court, rule 2.210. Drop box for filing documents

  • A court must have a means of determining whether a document was deposited in the drop box by 4:00 p.m., or after the deadline for same-day filing if a court provides for a later time, on a court day.

  • (1) It is deposited on a court day after 4:00 p.m. or after the deadline for same-day filing if a court provides for a later time;

  • If so, the court must give notice of the deadline for same-day filing of a document deposited in its drop box.

  • A court may provide for same-day filing of a document deposited in its drop box after 4:00 p.m. on a court day.

  • Any document deposited in a court's drop box up to and including 4:00 p.m. on a court day is deemed to have been deposited for filing on that day.

  • (2) It is deposited on a judicial holiday.

Cal. Rules of Court, rule 2.251. Electronic service

  • Under rule 3.1300(c), proof of electronic service of the moving papers must be filed at least five court days before the hearing.

  • Any party may serve and file an opposition within 10 days after notice is mailed, electronically served, or such later time as the court may specify.

Cal. Rules of Court, rule 2.252. General rules on electronic filing of documents

  • Filing a document electronically does not alter any filing deadline.

  • In a proceeding that requires the filing of an original document, an electronic filer may file an electronic copy of a document if the original document is then filed with the court within 10 calendar days.

Cal. Rules of Court, rule 2.253. Permissive electronic filing, mandatory electronic filing, and electronic filing by court order

  • the new party may object within 10 days after service of the order or by such later time as the court may specify.

  • Any party may serve and file an opposition within 10 days after notice is mailed or electronically served or such later time as the court may specify.

  • (6) The effective date of filing any document received electronically is prescribed by Code of Civil Procedure section 1010.6.

Cal. Rules of Court, rule 2.254. Responsibilities of court

  • If the court is aware of a problem that impedes or precludes electronic filing, it must promptly take reasonable steps to provide notice of the problem.

Cal. Rules of Court, rule 2.257. Requirements for signatures on documents

  • (B) Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties.

Cal. Rules of Court, rule 2.259. Actions by court on receipt of electronic filing

  • If a court-system technical problem prevents acceptance on a court day and the filer demonstrates an attempt to file that day, the court must deem the document filed that day, except for a complaint or other initial pleading.

    The rule's wording

    If a technical problem with a court's electronic filing system prevents the court from accepting an electronic filing on a particular court day, and the electronic filer demonstrates that he or she attempted to electronically file the document on that day, the court must deem the document as filed on that day. This subdivision does not apply to the filing of a complaint or any other initial pleading in an action or proceeding.
  • If a document is rejected for noncompliance with filing requirements or nonpayment of the required fee, the court must promptly notify the electronic filer and state the reasons for rejection.

    The rule's wording

    If the clerk does not file a document because it does not comply with applicable filing requirements or because the required filing fee has not been paid, the court must promptly send notice of the rejection of the document for filing to the electronic filer. The notice must state the reasons that the document was rejected for filing.
  • If the document received by the court under (1) complies with filing requirements and all required filing fees have been paid, the court must promptly send the electronic filer confirmation that the document has been filed.

  • A document is considered received at the date and time the confirmation of receipt is created.

  • In the absence of the court's confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.

Cal. Rules of Court, rule 2.306. Service of papers by fax transmission

  • Service that is completed after 5 p.m. is deemed to have occurred on the next court day. Time is extended as provided by this rule.

  • A notice of appeal.

  • A notice of intent to move to vacate a judgment under Code of Civil Procedure section 663; or

  • After fax service, prescribed notice periods and periods or dates for acting or responding are extended by two court days, except as provided in (e).

    The rule's wording

    Except as provided in (e), any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the service of a document served by fax transmission is extended by two court days.
  • A notice of intent to move for new trial;

Cal. Rules of Court, rule 2.400. Court records

  • The statement must be filed at the same time as the temporary judge's or referee's certification under rule 2.831(b), 3.904(a), or 3.924(a).

  • If there is any change in this contact information, the temporary judge or referee must promptly file a revised statement with the court.

  • For original documents in a case pending before a temporary judge or referee, filers must observe any filing time limits specified by law.

    The rule's wording

    All original documents in a case pending before a temporary judge or referee must be filed with the clerk in the same manner as would be required if the case were being heard by a judge, including filing within any time limits specified by law and paying any required fees.
  • When a document would ordinarily be filed after submission to a judge, or a party submits an ex parte application to a temporary judge or referee, the submitting party must file the original with the court no later than the next court day after submission.

    The rule's wording

    If a document would ordinarily be filed with the court after it is submitted to a judge or if a party submits an ex parte application, the party that submits the document or application to a temporary judge or referee must file the original with the court no later than the next court day after the document or application was submitted to the temporary judge or referee and must promptly provide a filed-stamped copy of the document or application to the temporary judge or referee.

Cal. Rules of Court, rule 2.503. Application and scope

  • Five days' notice must be provided to the parties and the public before the court makes a determination to provide remote access under this rule.

Cal. Rules of Court, rule 2.551. Procedures for filing records under seal

  • A producing party served with notice under (A)(iii) must move or apply to seal within 10 days or obtain a court order extending the filing time; otherwise, the clerk must promptly transfer the lodged documents to the public file.

    The rule's wording

    If the party that produced the documents and was served with the notice under (A)(iii) fails to file a motion or an application to seal the records within 10 days or to obtain a court order extending the time to file such a motion or an application, the clerk must promptly transfer all the documents in (A)(i) from the envelope, container, or secure electronic file to the public file.
  • Unless otherwise ordered by the court, any party may serve and file an opposition within 10 days after the notice is provided and any other party may file a response within 5 days after the filing of an opposition.

Cal. Rules of Court, rule 2.573. Unsealing of records and management of False Claims Act cases

  • The Attorney General and all local prosecuting authorities involved in the action must give the notice required under (1) within 60 days of the filing of the complaint or before an order extending the time to intervene has expired, unless a new motion to extend time to intervene is pending, in which case the seal remains in effect until a ruling is made on the motion.

Cal. Rules of Court, rule 2.577. Procedures for filing confidential name change records under seal

  • An application by a confidential name change petitioner to file records under seal must be filed at the time the petition for name change is submitted to the court.

  • This notification must be received within 10 days of the order denying the motion or application to seal, unless otherwise ordered by the court.

Cal. Rules of Court, rule 2.831. Temporary judge-stipulation, order, oath, assignment, disclosure, and disqualification

  • In addition to any other disclosure required by law, no later than five days after designation as a temporary judge or, if the temporary judge is not aware of his or her designation or of a matter subject to disclosure at that time, as soon as practicable thereafter, a temporary judge must disclose to the parties any matter subject to disclosure under the Code of Judicial Ethics.

Cal. Rules of Court, rule 2.834. Open proceedings; notices of proceedings, use of court facilities, and order for hearing site

  • This statement must be filed at the same time as the temporary judge's certification under rule 2.831(b).

  • If there is any change in this contact information, the temporary judge must promptly file a revised statement with the court.

Cal. Rules of Court, rule 2.851. Language access services complaints

  • The court must process complaints promptly.

  • The court must report the specified complaint information to the Judicial Council annually.

    The rule's wording

    The court must report to the Judicial Council on an annual basis the number and kinds of complaints received, the resolution status of all complaints, and any additional information about complaints requested by Judicial Council staff to facilitate the monitoring of the Strategic Plan for Language Access in the California Courts.
  • The court's Language Access Representative should conduct the preliminary review within 60 days after receipt of the complaint.

    The rule's wording

    Within 60 days after receipt of the complaint, the court's Language Access Representative should conduct a preliminary review of every complaint to determine whether the complaint can be informally resolved or closed, or whether the complaint warrants additional investigation.
  • A complaint submitted to the improper entity must immediately be forwarded to the appropriate court, if that can be determined, or, where appropriate, to the Judicial Council.

  • Unless the complaint is anonymous, written acknowledgment must be sent within 30 days after receipt.

    The rule's wording

    Except where the complaint is submitted anonymously, within 30 days after the complaint is received, the court's Language Access Representative must send the complainant a written acknowledgment that the court has received the complaint.
  • If a complaint cannot be resolved through the preliminary review process within 60 days after receipt of the complaint, the court's Language Access Representative should inform the complainant (if identified) that the complaint warrants additional review.

  • Courts must implement this rule as soon as reasonably possible but no later than December 31, 2018.

  • A complainant may submit the written follow-up statement within 90 days after the court sends the outcome notice.

    The rule's wording

    If a complainant disagrees with the notice of the outcome taken on his or her complaint, within 90 days of the date the court sends the notice of outcome, he or she may submit a written follow-up statement to the Language Access Representative indicating that he or she disagrees with the outcome of the complaint.

Cal. Rules of Court, rule 2.950. Sequential list of reporters

  • The list of reporters may be kept in an electronic database maintained by the clerk; however, a hard copy must be available to members of the public within one working day of a request for the list of reporters.

Cal. Rules of Court, rule 2.952. Electronic recording as official record of proceedings

  • In a civil case without a stipulation and approval under (1), the appellant must serve and file directions with the clerk within 10 days after filing the notice of appeal.

    The rule's wording

    In the absence of a stipulation and approval under (1), the appellant must, within 10 days after filing a notice of appeal in a civil case, serve and file with the clerk directions indicating the portions of the oral proceedings to be transcribed and must, at the same time, deposit with the clerk the approximate cost computed as specified in rule 8.130.

Cal. Rules of Court, rule 2.956. Court reporting services in civil cases

  • Unless the policy states that reporters are normally available in all courtrooms for civil trials, each party must file the reporter-request statement before the trial date.

    The rule's wording

    Unless the court's policy states that all courtrooms normally have the services of official court reporters available for civil trials, the court must require that each party file a statement before the trial date indicating whether the party requests the presence of an official court reporter.
  • If the requesting party has not been granted a fee waiver, a completed Request to Waive Court Fees (form FW-001 or form FW-001-GC in guardianship or conservator cases) must be filed at the same time as the request for court reporter.

  • (B) The party should file the request 10 calendar days before the proceeding for which a court reporter is desired, or as soon as practicable if the proceeding is set with less than 10-days' notice.

Cal. Rules of Court, rule 2.1002. Length of juror service

  • Any application for exemption from the requirements of this rule must be submitted to the Judicial Council no later than September 1, 1999.

Cal. Rules of Court, rule 2.1009. Permanent medical excuse from jury service

  • A person whose request for permanent medical excuse is denied may reapply at any time after receipt of the jury commissioner's denial by following the process in (c).

  • The applicant must submit the request and supporting letter, memo, or note to the jury commissioner on or before the date the person is required to appear for jury service.

Cal. Rules of Court, rule 2.1010. Juror motion to set aside sanctions imposed by default

  • A prospective juror against whom sanctions have been imposed by default under Code of Civil Procedure section 209 may move to set aside the default. The motion must be brought no later than 60 days after sanctions have been imposed.

Cal. Rules of Court, rule 2.1040. Electronic recordings presented or offered into evidence

  • Except as provided in (3), the party presenting or offering a recording under (1) must serve and file the transcript cover and testimony pages by the later of the close of evidence or five days after the recording is presented or offered.

    The rule's wording

    Except as provided in (3), at the time the presentation of evidence closes or within five days after the recording in (1) is presented or offered into evidence, whichever is later, the party presenting or offering the recording into evidence must serve and file a copy of the transcript cover showing the witness name and a copy of the pages of the transcript where the testimony presented or offered appears.
  • For good cause, the trial judge may permit the party to provide the transcript or the duplicate recording at the time the presentation of evidence closes or within five days after the recording is presented or offered into evidence, whichever is later.

Cal. Rules of Court, rule 3.36. Notice of limited scope representation and application to be relieved as attorney

  • The hearing must be scheduled no later than 25 days from the date the objection is filed.

  • An objection must be served and filed within 15 days after form CIV-151 is served on the client to prevent the no-objection procedure from applying.

    The rule's wording

    If no objection is served and filed with the court within 15 days from the date that the Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-151) is served on the client, the attorney making the application must file an updated form CIV-151 indicating the lack of objection, along with a proposed Order on Application to Be Relieved as Attorney on Completion of Limited Scope Representation (form CIV-153).

Cal. Rules of Court, rule 3.53. Application granted unless acted on by the court

  • If an initial fee-waiver application is deemed granted, the clerk must prepare and serve the applicable waiver notice five court days after filing.

    The rule's wording

    If the application is deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver of Court Fees (Superior Court) (form FW-005) or, if the application is made for the benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is filed.
  • The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after it is filed.

Cal. Rules of Court, rule 3.110. Time for service of complaint, cross-complaint, and response

  • Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing.

  • An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed.

  • If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.

  • The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

  • When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

Cal. Rules of Court, rule 3.220. Case cover sheet

  • If a party required to provide a cover sheet fails to do so or submits a defective or incomplete one with its first paper, the clerk must file the paper.

    The rule's wording

    If a party that is required to provide a cover sheet under this rule or a similar local rule fails to do so or provides a defective or incomplete cover sheet at the time the party's first paper is submitted for filing, the clerk of the court must file the paper.

Cal. Rules of Court, rule 3.300. Related cases

  • Within 5 days after service on a party of a Notice of Related Case, the party may serve and file a response supporting or opposing the notice.

  • (e) Time for service The Notice of Related Case must be served and filed as soon as possible, but no later than 15 days after the facts concerning the existence of related cases become known.

Cal. Rules of Court, rule 3.401. Complex case designation

  • filing and serving with the initial complaint the Civil Case Cover Sheet (form CM-010) marked to indicate that the action is a complex case.

Cal. Rules of Court, rule 3.402. Complex case counterdesignations

  • A defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as a complex case.

  • The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.

  • If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case.

Cal. Rules of Court, rule 3.403. Action by court

  • Except as provided in rule 3.402, if a Civil Case Cover Sheet (form CM-010) that has been filed and served designates an action as a complex case or checks a case type described as provisionally complex civil litigation, the court must decide as soon as reasonably practicable, with or without a hearing, whether the action is a complex case.

Cal. Rules of Court, rule 3.512. Electronic submission of documents to the Chair of the Judicial Council

  • (4) Within five days of service of the demand, the party on whom the demand is made must make the original signed document available for review and copying by all other parties.

Cal. Rules of Court, rule 3.513. Service of memorandums and declarations

  • Unless otherwise provided in the rules in this chapter or directed by the assigned judge, all memorandums and declarations in support of or opposition to any petition, motion, or application must be served and submitted at least nine court days before any hearing on the matter at issue.

Cal. Rules of Court, rule 3.515. Motions and orders for a stay

  • The time during which any stay of proceedings is in effect under the rules in this chapter must not be included in determining whether the action stayed should be dismissed for lack of prosecution under chapter 1.5 (§ 583.110 et seq.) of title 8 of part 2 of the Code of Civil Procedure.

  • A request for hearing should be made at the time the requesting party files the motion or opposition.

  • Any memorandums and declarations in opposition to a motion for a stay order must be served and submitted within 10 days after service of the motion.

  • The motion for a stay may be included with a petition for coordination or may be served and submitted to the Chair of the Judicial Council and the coordination motion judge by any party at any time prior to the determination of the petition.

  • Thirty or more days following issuance of the stay order, any party that is subject to the stay order may move to terminate the stay.

Cal. Rules of Court, rule 3.516. Motions under Code of Civil Procedure section 170.6

  • A party making a peremptory challenge by motion or affidavit of prejudice regarding an assigned judge must submit it in writing to the assigned judge within 20 days after service of the order assigning the judge to the coordination proceeding.

Cal. Rules of Court, rule 3.521. Petition for coordination

  • The petitioner must submit the required proof of filing and proof of service to the Chair within five court days after submitting the Petition for Coordination.

    The rule's wording

    Within five court days of submitting the petition for coordination, the petitioner must submit to the Chair of the Judicial Council proof of filing of the notice of submission of petition required by rule 3.522, and proof of service of the notice of submission of petition and of the petition required by rule 3.523.
  • A request for a determination whether coordination is appropriate may be made at any time after the complaint is filed.

    The rule's wording

    A request submitted to the Chair of the Judicial Council for the assignment of a judge to determine whether the coordination of certain actions is appropriate, or a request that a coordination trial judge make such a determination concerning an add-on case, must be designated a "Petition for Coordination" and may be made at any time after filing of the complaint.

Cal. Rules of Court, rule 3.522. Notice of submission of petition for coordination

  • The petitioner must submit the notice and proof of filing in each included action to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

  • (4) The statement that any written opposition to the petition must be submitted and served at least nine court days before the hearing date.

Cal. Rules of Court, rule 3.523. Service of notice of submission on party

  • The petitioner must submit the notice to the Chair of the Judicial Council within five court days after submitting the petition for coordination.

    The rule's wording

    The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and supporting documents on each party appearing in each included action and submit the notice to the Chair of the Judicial Council within five court days of submitting the petition for coordination.

Cal. Rules of Court, rule 3.525. Response in opposition to petition for coordination

  • Any response in opposition must be served and filed at least nine court days before the date set for hearing.

Cal. Rules of Court, rule 3.526. Response in support of petition for coordination

  • Any response in support must be served and filed at least nine court days before the date set for hearing.

Cal. Rules of Court, rule 3.527. Notice of hearing on petition for coordination

  • The coordination motion judge must set a hearing date on a petition for coordination within 30 days of the date of the order assigning the coordination motion judge.

Cal. Rules of Court, rule 3.529. Order granting or denying coordination

  • A stay ordered by the coordination motion judge terminates 10 days after the order denying coordination is filed.

  • When a petition for coordination is granted or denied, the petitioner must promptly file the order in each included action.

    The rule's wording

    When a petition for coordination is granted or denied, the petitioner must promptly file the order in each included action, serve it on each party appearing in an included action, and submit it to the Chair of the Judicial Council.

Cal. Rules of Court, rule 3.531. Potential add-on case

  • Any party to an included action in a pending petition for coordination must promptly provide notice of any potential add-on cases in which that party is also named or in which that party's attorney has appeared.

Cal. Rules of Court, rule 3.532. Petition for coordination when cases already ordered coordinated

  • The petitioner must promptly file the order in each included action, serve it on each party appearing in an included action, and submit a copy to the Chair of the Judicial Council.

Cal. Rules of Court, rule 3.543. Transfer of action or claim

  • The clerk of the court in which the action was pending must immediately prepare and transmit to the court to which the action is transferred a certified copy of the order of transfer and of the pleadings and proceedings in the transferred action

Cal. Rules of Court, rule 3.544. Add-on cases

  • Within 10 days after the service of a request, any party may serve and submit a notice of opposition to the request.

  • Thereafter, within 15 days after submitting a notice of opposition, the party must serve and submit a memorandum and declarations in opposition to the request.

Cal. Rules of Court, rule 3.546. Termination of coordination proceeding

  • (3) Any party to a pending coordinated action in the coordination proceeding may object to the proposed termination by a written filing submitted within 10 court days after the notice is sent.

Cal. Rules of Court, rule 3.650. Duty to notify court and others of stay

  • The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.

  • If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed.

  • When a stay is vacated, is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice of termination or modification of stay.

Cal. Rules of Court, rule 3.670. Telephone appearance

  • (B) File and serve the papers in such a way that they will be received by the court and all parties by no later than 10:00 a.m. two court days before the ex parte appearance; and

  • Except as ordered by the court under (f)(2) and subject to (h), applicants seeking an ex parte order may appear by telephone provided that the moving papers have been filed and a proposed order submitted by at least 10:00 a.m. two court days before the ex parte appearance and, if required by local rule, copies have been provided directly to the department in which the matter is to be considered.

  • (4) Any party other than an applicant choosing to appear by telephone at an ex parte appearance under this rule must notify the court and all other parties that have appeared in the action, no later than 2:00 p.m. or the "close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance, of its intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court and by serving the notice on all other parties by any means authorized by law reasonably calculated to ensure delivery to the parties no later than 2:00 p.m. or "the close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance.

  • (B) At least two court days before the appearance, notify the court and all other parties of the party's intent to appear by telephone. If the notice is oral, it must be given either in person or by telephone. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court at least two court days before the appearance and by serving the notice by any means authorized by law and reasonably calculated to ensure delivery to the parties at least two court days before the appearance.

  • (2) If after receiving notice from another party as provided under (1) a party that has not given notice also decides to appear by telephone, the party may do so by notifying the court and all other parties that have appeared in the action, no later than noon on the court day before the appearance, of its intent to appear by telephone.

Cal. Rules of Court, rule 3.672. Remote proceedings

  • Any party choosing to appear remotely at a hearing governed by (B), other than an applicant or moving party, must provide notice of their intent to appear remotely to the court and all other parties that have appeared in the action, no later than 2:00 p.m. on the court day before the proceeding.

  • Such notice must be provided with at least as much advance notice as required in (g), (h), or (i), or by local court rules or procedures.

  • For a non-evidentiary proceeding with at least three court days' notice, a party choosing to appear remotely must give notice at least two court days before the proceeding.

    The rule's wording

    A party choosing to appear remotely in a proceeding under this subdivision for which a party gives or receives notice of the proceeding at least three court days before the hearing date, must provide notice of the party's intent to appear remotely at least two court days before the proceeding.
  • A moving party or applicant choosing to appear remotely in a proceeding under this subdivision for which a party gives or receives notice of less than three court days must provide notice of the party's intent to appear remotely at the same time as providing notice of the application or other moving papers.

  • (i) At least five court days before the proceeding if for an evidentiary hearing or trial for which a party gives or receives at least 15 court days' notice; or

  • (ii) At least noon the court day before the proceeding if for an evidentiary hearing or trial for which a party gives or receives less than 15 court days' notice.

  • By providing notice to all parties who have appeared in the action or who are entitled to receive notice of the proceedings, at least 10 court days before the hearing or trial date, unless the hearing or trial is on less than 10 court days' notice, in which case at least two court days' notice of remote proceedings is required; or

  • A party choosing to appear remotely at a small claims trial or an evidentiary hearing or trial for which a party gives or receives notice of the proceeding at least 15 court days before the hearing or trial date must provide notice of the party's intent to appear remotely at least 10 court days before the hearing or trial.

  • No litigant's substantive rights may be prejudiced for failing to comply with a rule adopted or amended under this paragraph until at least 20 days after the rule change has been posted and distributed.

Cal. Rules of Court, rule 3.682. Notice of Mandatory Evaluation Conferences

  • A proof of service must be filed with the court 15 days before the date set for the early evaluation conference.

Cal. Rules of Court, rule 3.714. Differentiation of cases to achieve goals

  • (A) 75 percent are disposed of within 12 months;

  • (B) 85 percent are disposed of within 18 months; and

  • (1) The court may in the interest of justice exempt a general civil case from the case disposition time goals under rule 3.713(b) if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court is guided by rules 3.715 and 3.400.

  • (A) 90 percent are disposed of within 12 months;

  • (2) If the court exempts the case from the case disposition time goals, the court must establish a case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with the goal of disposing of the case within three years.

  • (1) For expedited case disposition, the court may by local rule adopt a case management plan that establishes a goal for disposing of appropriate cases within six to nine months after filing. The plan must establish a procedure to identify the cases to be assigned to the plan.

  • To enable the fair and efficient resolution of civil cases, each case should be set for trial as soon as appropriate for that individual case consistent with rule 3.729.

  • (C) 100 percent are disposed of within 24 months.

  • (B) 98 percent are disposed of within 18 months; and

  • (2) Exempt the case as an exceptional case under (c) of this rule from the case disposition time goals specified in rule 3.713(b) and monitor it with the goal of disposing of it within three years;

  • (3) Assign the case under (d) of this rule to a local case management plan for disposition within six to nine months after filing.

Cal. Rules of Court, rule 3.721. Case management review

  • In every general civil case except complex cases and cases exempted under rules 3.712(b)-(d), 3.714(c)-(d), 3.735(b), 2.573(e), and 3.740(c), the court must review the case no later than 180 days after the filing of the initial complaint

Cal. Rules of Court, rule 3.725. Case Management Statement

  • No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case.

Cal. Rules of Court, rule 3.740. Collections cases

  • If proofs of service of the complaint are filed or service by publication is made and defendants do not file responsive pleadings, the plaintiff must obtain a default judgment within 360 days after the filing of the complaint.

  • (1) The time-for-service requirement of rule 3.110(b);

  • The order to show cause must be vacated if the plaintiff obtains a default judgment at least 10 court days before the order to show cause hearing.

Cal. Rules of Court, rule 3.762. Case conference

  • The notice must be filed and served on the parties at least 20 calendar days before the scheduled date of the conference.

Cal. Rules of Court, rule 3.764. Motion to certify or decertify a class or amend or modify an order certifying a class

  • Notice of a motion to certify or decertify a class or to amend or modify a certification order must be served on all parties to the action and filed at least 34 calendar days before the date set for hearing.

  • Any reply to the opposition must be served and filed at least 11 calendar days before the noticed or continued date of the hearing, unless the court for good cause orders otherwise.

  • A motion for class certification should be filed when practicable.

  • Any such deadline must take into account discovery proceedings that may be necessary to the filing of the motion.

  • The provisions of Code of Civil Procedure section 1005 otherwise apply.

  • In its discretion, the court may establish a deadline for the filing of the motion, as part of the case conference or as part of other case management proceedings.

  • Any opposition to the motion must be served and filed at least 20 calendar days before the noticed or continued hearing, unless the court for good cause orders otherwise.

Cal. Rules of Court, rule 3.770. Dismissal of class actions

  • Any party may seek, within 15 calendar days of the service of the notice of tentative disapproval, a hearing on the request. If no hearing is sought within that period, the request for dismissal will be deemed denied.

Cal. Rules of Court, rule 3.812. Assignment to arbitration

  • The stipulation must be filed no later than the time the initial case management statement is filed, unless the court orders otherwise.

  • The election must be filed no later than the time the initial case management statement is filed, unless the court orders otherwise.

  • A case involving a cross-complaint where all plaintiffs have elected to arbitrate must be removed from the list of cases assigned to arbitration if, upon motion of the cross-complainant made within 15 days after notice of the election to arbitrate, the court determines that the amount in controversy relating to the cross-complaint exceeds $50,000.

Cal. Rules of Court, rule 3.815. Selection of the arbitrator

  • The stipulation to an arbitrator must be served and filed no later than 10 days after the case has been set for arbitration under rule 3.812.

  • If the second arbitrator selected declines to serve or if the arbitrator does not complete the hearing within 90 days after the date of the assignment of the case to him or her, including any time due to continuances granted under rule 3.818, the administrator must certify the case to the court.

  • Each side has 10 days from the date on which the list was sent to file a rejection, in writing, of no more than one name on the list; if there are two or more parties on a side, they must join in the rejection of a single name.

  • Within 15 days after a case is set for arbitration under rule 3.812, the administrator must determine the number of clearly adverse sides in the case; in the absence of a cross-complaint bringing in a new party, the administrator may assume there are two sides. A dispute as to the number or identity of sides must be decided by the presiding judge in the same manner as disputes in determining sides entitled to peremptory challenges of jurors.

  • Ensures that an arbitrator is appointed within 30 days from the submission of a case to arbitration.

Cal. Rules of Court, rule 3.816. Disqualification for conflict of interest

  • On motion of any party, made as promptly as possible under Code of Civil Procedure sections 170.l and 1141.18(d) and before the conclusion of arbitration proceedings, the appointment of an arbitrator to a case must be vacated if the court finds that:

Cal. Rules of Court, rule 3.817. Arbitration hearings; notice; when and where held

  • Earlier than 30 days after the date the arbitrator sends the notice of the hearing under (a); or

  • On Saturdays, Sundays, or legal holidays.

  • Within 15 days after the appointment of the arbitrator, the arbitrator must set the time, date, and place of the arbitration hearing and notify each party and the administrator in writing of the time, date, and place set.

  • The hearing must be scheduled so as to be completed no later than 90 days from the date of the assignment of the case to the arbitrator, including any time due to continuances granted under rule 3.818.

Cal. Rules of Court, rule 3.819. Arbitrator's fees

  • The arbitrator must submit the fee statement to the administrator promptly upon completing the arbitrator’s duties.

    The rule's wording

    The arbitrator's fee statement must be submitted to the administrator promptly upon the completion of the arbitrator's duties and must set forth the title and number of the cause arbitrated, the date of any arbitration hearing, and the date the award, notice of settlement, or request for dismissal was filed.
  • Except as provided in (b), the arbitrator's award must be timely filed with the clerk of the court under rule 3.825(b) before a fee may be paid to the arbitrator.

Cal. Rules of Court, rule 3.822. Discovery

  • All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed.

Cal. Rules of Court, rule 3.825. The award

  • Within 10 days after the conclusion of the arbitration hearing, the arbitrator must file the award with the clerk, with proof of service on each party to the arbitration.

  • Within the time for filing the award, the arbitrator may file and serve an amended award.

Cal. Rules of Court, rule 3.826. Trial after arbitration

  • A party may request trial within 60 days after the award is filed, or after service of the award but before it is filed; the 60-day period cannot be extended.

    The rule's wording

    Within 60 days after the arbitration award is filed with the clerk of the court, a party may request a trial by filing with the clerk a request for trial, with proof of service of a copy upon all other parties appearing in the case. A request for trial filed after the parties have been served with a copy of the award by the arbitrator, but before the award has been filed with the clerk, is valid and timely filed. The 60-day period within which to request trial may not be extended.

Cal. Rules of Court, rule 3.827. Entry of award as judgment

  • The clerk must enter the award as a judgment immediately upon the expiration of 60 days after the award is filed if no party has, during that period, served and filed either:

Cal. Rules of Court, rule 3.828. Vacating judgment on award

  • The motion must be heard upon notice to the adverse parties and to the arbitrator, and may be granted only upon clear and convincing evidence that the grounds alleged are true, and that the motion was made as soon as practicable after the moving party learned of the existence of those grounds.

  • A party against whom an arbitration-award judgment is entered may move to vacate within six months, but only on the stated grounds.

    The rule's wording

    A party against whom a judgment is entered under an arbitration award may, within six months after its entry, move to vacate the judgment on the ground that the arbitrator was subject to a disqualification not disclosed before the hearing and of which the arbitrator was then aware, or upon one of the grounds set forth in Code of Civil Procedure sections 473 or 1286.2(a)(1), (2), and (3), and on no other grounds.

Cal. Rules of Court, rule 3.891. Actions subject to mediation

  • The stipulation must be filed not later than 90 days before trial unless the court permits a later time.

Cal. Rules of Court, rule 3.895. Filing of Statement of Agreement or Nonagreement by mediator

  • If the mediation has not ended when the report is filed, the mediator must file a supplemental form ADR-100 within 10 days after the mediation is concluded or by another date set by the court.

  • The mediator must file the statement within 10 days after mediation concludes, unless the court sets another date.

    The rule's wording

    Within 10 days after conclusion of the mediation, or by another date set by the court, the mediator must complete, serve on all parties, and file a Statement of Agreement or Nonagreement (form ADR-100).

Cal. Rules of Court, rule 3.896. Coordination with Trial Court Delay Reduction Act

  • Submission of an action to mediation under the rules in this chapter does not affect time periods specified in the Trial Court Delay Reduction Act (Gov. Code, § 68600 et seq.), except as provided in this rule.

  • The court must coordinate the timing of the exception period with its delay reduction calendar.

  • Mediation must be completed within 60 days of a reference to a mediator, but that period may be extended by the court for up to 30 days on a showing of good cause.

  • On written stipulation of the parties filed with the court, the court may order an exception of up to 90 days to the delay reduction time standards to permit mediation of an action.

Cal. Rules of Court, rule 3.904. Certification and disclosure by referee

  • Before a referee begins to serve:

  • In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the referee under Code of Civil Procedure section 170.6 or, if the referee is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, a referee must disclose to the parties:

Cal. Rules of Court, rule 3.905. Objections to the appointment

  • Any objection to the appointment of a person as a referee must be made with reasonable diligence and in writing.

Cal. Rules of Court, rule 3.924. Certification and disclosure by referee

  • In addition to any other disclosure required by law, no later than five days before the deadline for parties to file a motion for disqualification of the referee under Code of Civil Procedure section 170.6 or, if the referee is not aware of his or her appointment or of a matter subject to disclosure at that time, as soon as practicable thereafter, a referee must disclose to the parties:

Cal. Rules of Court, rule 3.925. Objection to reference

  • Any objection to the appointment of a particular person as a referee must be made with reasonable diligence and in writing.

Cal. Rules of Court, rule 3.931. Open proceedings, notice of proceedings, and order for hearing site

  • If there is any change in this contact information, the referee must promptly file a revised statement with the court.

  • This statement must be filed at the same time as the referee's certification under rule 3.904(a) or 3.924(a).

Cal. Rules of Court, rule 3.1109. Notice of determination of submitted matters

  • The failure of the clerk to give the notice required by this rule does not extend the time provided by law for performing any act except as provided in rules 8.104(a) or 8.822(a).

  • The clerk must immediately notify the parties of the ruling, order, or judgment.

Cal. Rules of Court, rule 3.1112. Motions-and other pleadings

  • The timing and place of the filing and service of the motion are at the discretion of the trial judge.

Cal. Rules of Court, rule 3.1113. Memorandum

  • A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum.

Cal. Rules of Court, rule 3.1140. Lodging of record in administrative mandate cases

  • The party intending to use a part of the administrative record in a case brought under Code of Civil Procedure section 1094.5 must lodge that part of the record at least five days before the hearing.

Cal. Rules of Court, rule 3.1150. Preliminary injunctions and bonds

  • Unless otherwise ordered, any restraining order previously granted remains in effect during the time allowed for presentation for signature of the order of injunction and undertaking.

  • If the proposed order and the undertaking required are not presented within the time allowed, the TRO may be vacated without notice.

  • After a preliminary-injunction application is granted, the proposed order and undertaking must be presented within one court day or within the time ordered.

    The rule's wording

    Notwithstanding rule 3.1312, whenever an application for a preliminary injunction is granted, a proposed order must be presented to the judge for signature, with an undertaking in the amount ordered, within one court day after the granting of the application or within the time ordered.

Cal. Rules of Court, rule 3.1161. Request to make minor's information confidential in civil harassment protective order proceedings

  • (i) The person who made the request for confidentiality has the right to object by filing form CH-178 within 20 days from the date of the mailing of form CH-177, or verbally objecting at a hearing, if one is held.

  • If a request for confidentiality is submitted at the same time as a request for restraining orders, the court must consider both requests consistent with Code of Civil Procedure section 527.6(e) and must consider and rule on the request for confidentiality before the request for restraining order is filed.

  • (1) Timing of requests A request for confidentiality may be made at any time during the case.

  • Documents submitted with the restraining order request must not be filed until after the court has ruled on the request for confidentiality and must be consistent with (C) below.

Cal. Rules of Court, rule 3.1176. Confirmation of ex parte appointment of receiver

  • The order to show cause must be made returnable on the earliest date that the business of the court will admit, but not later than 15 days or, if good cause appears to the court, 22 days from the date the order is issued.

Cal. Rules of Court, rule 3.1181. Receiver's inventory

  • The receiver must promptly file a supplementary inventory of all subsequently obtained property.

  • A receiver must file an inventory within 30 days after appointment, unless the court orders another time.

    The rule's wording

    A receiver must, within 30 days after appointment, or within such other time as the court may order, file an inventory containing a complete and detailed list of all property of which the receiver has taken possession by virtue of the appointment.

Cal. Rules of Court, rule 3.1183. Interim fees and objections

  • must be made within 10 days of notice of the report and accounting

Cal. Rules of Court, rule 3.1205. Filing and presentation of the ex parte application

  • Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.

Cal. Rules of Court, rule 3.1300. Time for filing and service of motion papers

  • A paper submitted before the close of the clerk's office to the public on the day the paper is due is deemed timely filed.

  • No paper may be rejected for filing on the ground that it was untimely submitted for filing.

  • Under rules 2.253(b)(7) and 2.259(c), a court may provide by local rule that a paper that is required to be filed electronically and that is received electronically by the court before midnight on a court day is deemed filed on that court day.

  • The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

Cal. Rules of Court, rule 3.1306. Evidence at hearing

  • For a request to introduce oral evidence other than rebuttal evidence, the written statement must be filed no later than three court days before the hearing.

    The rule's wording

    A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement stating the nature and extent of the evidence proposed to be introduced and a reasonable time estimate for the hearing.

Cal. Rules of Court, rule 3.1312. Preparation and submission of proposed order

  • The extensions of time based on a method of service provided under any statute or rule do not apply to this rule.

  • Upon expiration of the five-day approval period, the prevailing party must promptly transmit the proposed order to the court.

    The rule's wording

    The prevailing party must, upon expiration of the five-day period provided for approval, promptly transmit the proposed order to the court together with a summary of any responses of the other parties or a statement that no responses were received.

Cal. Rules of Court, rule 3.1320. Demurrers

  • (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or

  • Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.

  • (3) The sustaining of the demurrer if the demurrer was sustained without leave to amend.

  • Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter. For good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court.

  • (1) The overruling of the demurrer;

Cal. Rules of Court, rule 3.1322. Motions to strike

  • A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

Cal. Rules of Court, rule 3.1326. Motions for change of venue

  • Following denial of a motion to transfer under Code of Civil Procedure section 396b, unless otherwise ordered, 30 calendar days are deemed granted defendant to move to strike, demur, or otherwise plead if the defendant has not previously filed a response.

  • If a motion to transfer is granted, 30 calendar days are deemed granted from the date the receiving court sends notice of receipt of the case and its new case number.

Cal. Rules of Court, rule 3.1327. Motions to quash or to stay action in summary proceeding involving possession of real property

  • The court, in its discretion, may consider written opposition filed later.

  • If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing.

Cal. Rules of Court, rule 3.1335. Motion or application to advance, specially set, or reset trial date

  • The request may be granted only upon an affirmative showing by the moving party of good cause based on a declaration served and filed with the motion or application.

Cal. Rules of Court, rule 3.1342. Motion to dismiss for delay in prosecution

  • Within 15 days after service of the written opposition, if any, the moving party may serve and file a response.

  • Within five days after service of the response, if any, the opposing party may serve and file a reply.

  • Within 15 days after service of the notice of motion, the opposing party may serve and file a written opposition.

  • A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.

Cal. Rules of Court, rule 3.1347. Discovery motions in summary proceeding involving possession of real property

  • If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be served and filed on or before the court day before the hearing.

  • The court, in its discretion, may consider written opposition filed later.

Cal. Rules of Court, rule 3.1351. Motions for summary judgment in summary proceeding involving possession of real property

  • If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing.

  • The court, in its discretion, may consider written opposition filed later.

Cal. Rules of Court, rule 3.1354. Written objections to evidence

  • Unless otherwise excused by the court on a showing of good cause, all written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed.

Cal. Rules of Court, rule 3.1380. Mandatory settlement conferences

  • No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:

Cal. Rules of Court, rule 3.1385. Duty to notify court and others of settlement of entire case

  • Except as provided in (c) or (d), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal of the entire case within 45 days after the date of settlement of the case.

  • The notice and a supporting declaration must be served and filed at least 5 court days before the time for requesting dismissal has elapsed.

  • If the plaintiff or other party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed.

  • (B) The court need not vacate a hearing on an order to show cause or other proceeding relating to sanctions, or for determination of good faith settlement at the request of a party under Code of Civil Procedure section 877.6.

  • (A) Except as provided in (B), on the filing of the notice of conditional settlement, the court must vacate all hearings and other proceedings requiring the appearance of a party and may not set any hearing or other proceeding requiring the appearance of a party earlier than 45 days after the dismissal date specified in the notice, unless requested by a party.

  • When an entire case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice with the court.

    The rule's wording

    If an entire case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court-connected alternative dispute resolution (ADR) neutral involved in the case.
  • Under standard 2.2(n)(1)(A), the filing of a notice of conditional settlement removes the case from the computation of time used to determine case disposition time.

  • If the settlement of the case involves the compromise of the claim of a minor or person with a disability, the court must not hold an order to show cause hearing under (b) before the court has held a hearing to approve the settlement, provided the parties have filed appropriate papers to seek court approval of the settlement.

  • If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

Cal. Rules of Court, rule 3.1546. Pretrial procedures for mandatory expedited jury trials

  • Unless good cause is shown, an objection to the opt-out request must be filed within 15 days after service of the request.

    The rule's wording

    Except on a showing of good cause, any objection to the request must be served and filed within 15 days after the date of service of the request, on an Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-004).
  • Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.

Cal. Rules of Court, rule 3.1547. Consent order for voluntary expedited jury trial

  • (1) Unless the court otherwise allows, to be eligible to participate in a voluntary expedited jury trial, the parties must submit to the court, no later than 30 days before any assigned trial date, a proposed consent order granting an expedited jury trial.

Cal. Rules of Court, rule 3.1548. Pretrial submissions for voluntary expedited jury trials

  • No later than 20 days before trial, each party must file all motions in limine

  • must lodge with the court any items served under (b)(2)-(9) and (c).

  • No later than 15 days before trial, unless that period is modified by the consent order, the judicial officer assigned to the case must conduct a pretrial conference, at which time objections to any documentary evidence previously submitted will be ruled on.

Cal. Rules of Court, rule 3.1552. Presentation of evidence

  • Objections to evidence and motions to exclude evidence must be submitted in a timely manner.

  • Except as provided in rule 3.1548(f), failure to raise an objection before trial does not preclude making an objection or motion to exclude at trial.

Cal. Rules of Court, rule 3.1580. Request for special findings by jury

  • When a party desires special findings by a jury, unless otherwise ordered, the issues or questions must be presented to the judge before argument.

    The rule's wording

    Whenever a party desires special findings by a jury, the party must, before argument, unless otherwise ordered, present to the judge in writing the issues or questions of fact on which the findings are requested, in proper form for submission to the jury, and serve copies on all other parties.

Cal. Rules of Court, rule 3.1590. Announcement of tentative decision, statement of decision, and judgment

  • Direct that the tentative decision will become the statement of decision unless, within 10 days after announcement or service of the tentative decision, a party specifies those principal controverted issues as to which the party is requesting a statement of decision or makes proposals not included in the tentative decision.

  • Any party may, within 15 days after the proposed statement of decision and judgment have been served, serve and file objections to the proposed statement of decision or judgment.

  • A party that has been ordered to prepare the statement must within 30 days after the announcement or service of the tentative decision, serve and submit to the court a proposed statement of decision and a proposed judgment.

  • If the court deems the statement of decision waived and a written judgment is required, it must within 10 days either prepare and serve the proposed judgment or order a party to prepare, serve, and submit it within 10 days.

    The rule's wording

    If the court orders that the statement of decision is deemed waived and a written judgment is required, the court must, within 10 days of the order deeming the statement of decision waived, either prepare and serve a proposed judgment on all parties that appeared at the trial or order a party to prepare, serve, and submit the proposed judgment to the court within 10 days.
  • Any party may, within 10 days after service of the proposed judgment, serve and file objections thereto.

  • If the proposed statement of decision and judgment are not served and submitted within that time, any other party that appeared at the trial may within 10 days thereafter: (1) prepare, serve, and submit to the court a proposed statement of decision and judgment or (2) serve on all other parties and file a notice of motion for an order that a statement of decision be deemed waived.

  • If a party requests a statement of decision under (d), any other party may make proposals as to the content of the statement of decision within 10 days after the date of request for a statement of decision.

  • If no party requests or is ordered to prepare a statement of decision and a written judgment is required, the court must prepare and serve a proposed judgment on all parties that appeared at the trial within 20 days after the announcement or service of the tentative decision or the court may order a party to prepare, serve, and submit the proposed judgment to the court within 10 days after the date of the order.

  • Within 10 days after announcement or service of the tentative decision, whichever is later, any party that appeared at trial may request a statement of decision to address the principal controverted issues.

  • If a party requests a statement of decision under (d), the court must, within 30 days of announcement or service of the tentative decision, prepare and serve a proposed statement of decision and a proposed judgment on all parties that appeared at the trial, unless the court has ordered a party to prepare the statement.

  • When a trial is completed within one day or in less than eight hours over more than one day, a request for statement of decision must be made before the matter is submitted for decision and the statement of decision may be made orally on the record in the presence of the parties.

  • If a written judgment is required, the court must sign and file the judgment within 50 days after the announcement or service of the tentative decision, whichever is later, or, if a hearing was held under (k), within 10 days after the hearing.

Cal. Rules of Court, rule 3.1600. Notice of intention to move for new trial

  • If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court may deny the motion for a new trial without a hearing on the merits.

Cal. Rules of Court, rule 3.1700. Prejudgment costs

  • A notice of motion to strike or tax costs must be served and filed within 15 days after service of the cost memorandum, with the period extended for mail or electronic service as provided in the cited statutes.

    The rule's wording

    Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(3)
  • After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.

  • A prevailing party claiming costs must serve and file a memorandum of costs by the earlier of the applicable 15-day service-based deadline or the 180-day deadline after entry of judgment.

    The rule's wording

    A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.

Cal. Rules of Court, rule 3.1702. Claiming attorney's fees

  • A notice of motion to claim attorney's fees on appeal-other than the attorney's fees on appeal claimed under (b)-under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case.

  • A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case.

Cal. Rules of Court, rule 3.1804. Periodic payment of judgments against public entities

  • (2) 60 days after entry of judgment.

  • (1) 30 days after the clerk sends, or a party serves, notice of entry of judgment;

  • Notwithstanding any contrary local rule or practice, a hearing under (a) must be held within 30 days after service of the notice.

Cal. Rules of Court, rule 3.2000. Unlawful detainer-supplemental costs

  • The defendant may move to tax those costs within 10 days after service of the supplemental cost memorandum.

  • In unlawful detainer proceedings, the plaintiff who has complied with Code of Civil Procedure section 1034.5 may, no later than 10 days after being advised by the sheriff or marshal of the exact amount necessarily used and expended to effect the eviction, file a supplemental cost memorandum claiming the additional costs and specifying the items paid and the amount.

  • After costs have been fixed by the court, or on failure of the defendant to file a timely notice of motion to tax costs, the clerk must immediately enter judgment for the costs. The judgment may be enforced in the same manner as a money judgment.

Cal. Rules of Court, rule 3.2005. Settlement opportunities

  • The court may exempt the parties in an unlawful detainer case participating in a mandatory settlement conference from the five-court-day deadline for submitting a settlement conference statement set out in rule 3.1380(c).

Cal. Rules of Court, rule 3.2107. Request for court order

  • The other parties must be given an opportunity to answer or respond to the request before or at the hearing.

  • The court may give notice of any scheduled hearing with notice of the request, but the hearing must be scheduled at least 11 calendar days after the clerk has sent the request.

  • A party has 10 calendar days from the date on which the clerk sent the request to file a response before the court makes an order.

  • The court may schedule a hearing on the request, except that if the request is to vacate the judgment for lack of appearance by the plaintiff, the court must hold a hearing.

Cal. Rules of Court, rule 3.2205. Form and format of administrative record lodged in a CEQA proceeding

  • A copy of the index must be filed in the court at the time the administrative record is lodged with the court.

Cal. Rules of Court, rule 3.2222. Filing and service

  • The extension of time provided in Code of Civil Procedure section 1010.6 for service completed by electronic means does not apply to any service in actions governed by these rules.

  • For a qualifying streamlined CEQA project other than the Sacramento arena project, petitioner’s merits-brief filing time under rules 3.2227(a) and 8.702(f) decreases by one day for every additional two court days service remains incomplete, unless the court orders otherwise for good cause.

    The rule's wording

    If the petition or complaint in an action governed by these rules and relating to a streamlined CEQA project other than the Sacramento arena project is not personally served on any respondent public agency, any real party in interest, and the Attorney General within three court days following filing of the petition, the time for filing petitioner's briefs on the merits provided in rule 3.2227(a) and rule 8.702(f) will be decreased by one day for every additional two court days in which service is not completed, unless otherwise ordered by the court for good cause shown.

Cal. Rules of Court, rule 3.2224. Response to petition

  • Any opposition or other response to a motion challenging the sufficiency of the petition or to change venue must be served and filed within 10 days after the motion is served.

  • Respondents and real parties in interest must file the listed answers, motions, and responses within 10 days after service of the petition or complaint on them, or within a different time ordered by the court.

    The rule's wording

    Respondent and any real party in interest must serve and file any answer to the petition; any motion challenging the sufficiency of the petition, including any motion to dismiss the petition; any other response to the petition; any motion to change venue; or any motion to intervene within 10 days after service of petition or complaint on that party or within the time ordered by the court.

Cal. Rules of Court, rule 3.2225. Administrative record

  • (2) Any opposition or other response to the motion must be served and filed within 10 days after the motion is filed.

  • The lead public agency must lodge the certified final administrative record within 10 days after the petition is served on it.

    The rule's wording

    Within 10 days after the petition is served on the lead public agency, that agency must lodge the certified final administrative record in electronic form with the court and serve notice on petitioner and real party in interest that the record has been lodged with the court.
  • (1) Any request to augment or otherwise change the contents of the administrative record must be made by motion served and filed no later than the filing of that party's initial brief.

Cal. Rules of Court, rule 3.2226. Initial case management conference

  • The court must hold an initial case management conference within 30 days of the filing of the petition or complaint.

  • Petitioner and all parties served with the petition must file the joint case management conference statement at least three court days before the conference.

    The rule's wording

    At least three court days before the case management conference, petitioner and all parties that have been served with the petition must serve and file a joint case management conference statement that addresses the issues identified in (c) and any other pertinent issues.

Cal. Rules of Court, rule 3.2227. Briefing and Hearing

  • (4) Within 5 days after the respondent's brief is filed, the parties must jointly file an appendix of excerpts that contain the documents or pertinent excerpts of the documents cited in the parties' briefs.

  • (2) If the court has, within 90 days of the filing of the petition or complaint, set a hearing date, the provision in Public Resources Code section 21167.4 that petitioner request a hearing date within 90 days is deemed to have been met, and no further request is required.

  • (2) The petitioner must serve and file its brief within 25 days after the case management conference, unless petitioner served and filed the petition within 10 days of the public agency's issuance of its Notice of Determination, in which case petitioner must file and serve its brief within 35 days after the case management conference.

  • (3) Within 25 days after the petitioner's brief is filed, the respondent public agency must-and any real party in interest may-serve and file a respondent's brief.

  • Unless otherwise ordered by the court, each party must submit its electronic brief within five days after filing its brief.

    The rule's wording

    (1) 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 administrative record, cited decisions, and any other brief in the case filed electronically by the parties. Such briefs must comply with any local requirements of the reviewing court relating to e-briefs.
  • (5) Within 10 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.

Cal. Rules of Court, rule 3.2228. Judgment

  • The court should issue its decision and final order, writ, or judgment within 30 days of the completion of the hearing in the action.

Cal. Rules of Court, rule 3.2231. Postjudgment motions

  • The court should issue its decision on the motion within 15 days of the filing of the motion.

  • Motions in Sacramento arena project cases are also exempt from the timing and procedural requirements of Code of Civil Procedure sections 659 and 663.

  • Any reply brief must be served and filed within two court days of service of the opposition papers

  • (B) Five days after the moving party is served by any party with a written notice of judgment or a file-stamped copy of the judgment, accompanied by a proof of service.

  • Such motions are exempt from the timing requirements otherwise applicable to postjudgment motions under Code of Civil Procedure section 1005.

  • (A) Five days after the court clerk mails to the moving party a document entitled "Notice of Entry" of judgment or a file-stamped copy of the judgment, showing the date either was served; or

  • Any opposition to the motion must be served and filed within five days of service of the moving papers

Cal. Rules of Court, rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database

  • Any written argument must be served and filed within 15 days after the date the record is served.

  • After service of the clerk’s notice, the agency must file the record within five court days or the court may order the person’s name removed from the database.

    The rule's wording

    If the law enforcement agency does not timely file the required record, the superior court clerk must serve the law enforcement agency with a notice indicating that the agency must file the record within five court days of service of the clerk's notice or the court may order the law enforcement agency to remove the name of the person from the shared gang database.
  • (A) The law enforcement agency must serve the record on the person filing the petition and must file the record in the superior court in which the petition was filed.

  • Any such request for or waiver of oral argument must be served and filed within 15 days after the date the record is served.

  • (B) The record must be served and filed within 15 days after the date the petition is served on the law enforcement agency as required by subdivision (d)(5) of this rule.

  • The petition must be filed within the time frame specified in Penal Code Section 186.35(b).

Cal. Rules of Court, rule 4.106. Failure to appear or failure to pay for a Notice to Appear issued for an infraction offense

  • (2) When a notice of civil assessment is given, a defendant may, within the time specified in the notice, move by written petition to vacate or reduce the assessment.

Cal. Rules of Court, rule 4.110. Time limits for criminal proceedings on information or indictment

  • (3) A plea or notice of intent to demur on behalf of a party represented by counsel at the arraignment must be entered or made no later than seven days after the initial arraignment, unless the court lengthens time for good cause.

  • (2) The arraignment of a defendant must be held on the date the information is filed or as soon thereafter as the court directs;

  • (1) The information must be filed within 15 days after a person has been held to answer for a public offense;

Cal. Rules of Court, rule 4.111. Pretrial motions in criminal cases

  • Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing.

  • Unless otherwise ordered or specifically provided by law, pretrial motions accompanied by a memorandum must be filed at least 10 court days before the hearing.

    The rule's wording

    Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
  • The court may consider the failure without good cause of the moving party to serve and file a memorandum within the time permitted as an admission that the motion is without merit.

Cal. Rules of Court, rule 4.119. Additional requirements in pretrial proceedings in capital cases

  • (3) No later than 21 days after the clerk notifies trial counsel that it must submit the lists to the court, counsel must submit the lists to the court and serve on all parties a copy of all the lists except the list of Penal Code section 987.9 appearances.

  • Within 10 days of counsel's first appearance in court, primary counsel for each defendant and the prosecution must each acknowledge that they have reviewed Capital Case Attorney Pretrial Checklist (form CR-600) by signing and submitting this form to the court.

  • (2) In the event of any substitution of attorney during the pretrial proceedings, the relieved attorney must provide the lists of all appearances, exhibits, and motions to substituting counsel within five days of being relieved.

Cal. Rules of Court, rule 4.130. Mental competency proceedings

  • Upon reinstatement of criminal proceedings, unless waived by the defendant, all statutory time periods in which proceedings are required to occur are applicable, regardless of whether such time was waived by the defendant before the initiation of competency proceedings.

  • Statutory requirements governing the time in which hearings must occur in the underlying criminal proceeding are tolled from the date on which criminal proceedings are suspended until the date on which criminal proceedings are reinstated.

Cal. Rules of Court, rule 4.133. Probable cause determinations under section 1368.1(a)(2)

  • The prosecuting attorney must serve and file notice of a request for a determination of probable cause on the defense at least 10 court days before the time appointed for the proceeding.

Cal. Rules of Court, rule 4.151. Motion for change of venue

  • Except for good cause shown, the motion must be filed at least 10 days before the date set for trial

  • At the hearing counterdeclarations may be filed.

Cal. Rules of Court, rule 4.155. Guidelines for reimbursement of costs in change of venue cases-criminal cases

  • Payment of disputed amounts should be made within 60 days of the resolution of the dispute.

  • Unless both courts agree to other terms, reimbursement of all expenses that are not questioned by the transferring court should be made within 60 days of receipt of the claim for reimbursement.

Cal. Rules of Court, rule 4.210. Traffic court-trial by written declaration

  • Due dates and time limits must be as stated in this rule, unless changed or extended by the court.

  • The defendant must deposit bail with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2).

  • After receipt of the officer's declaration, or at the close of the officer's return date if no officer's declaration is filed, the clerk must submit the case file with all declarations and other evidence received to the court for decision.

  • Acts for which no specific time is stated in this rule must be performed promptly so that the Decision and Notice of Decision can be timely delivered or mailed by the clerk.

  • If the defendant files a Request for New Trial (Trial de Novo) (form TR-220) within 20 calendar days after the date of delivery or mailing of the Decision and Notice of Decision (form TR-215), the clerk must set a trial date within 45 calendar days of receipt of the defendant's written request for a new trial.

  • In trials by written declaration under Vehicle Code section 40902, the defendant must file form TR-205 by the appearance date on the Notice to Appear or the extended due date provided in (2).

    The rule's wording

    The defendant must file a Request for Trial by Written Declaration (form TR-205) with the clerk by the appearance date indicated on the Notice to Appear or the extended due date as provided in (2). The Request for Trial by Written Declaration (form TR-205) must be filed in addition to the defendant's written request for a trial by written declaration, unless the defendant's request was made on the election form.
  • In trials by written declaration under Vehicle Code section 40902, the clerk must extend the appearance date and give or mail the specified notice and forms within 15 calendar days after receiving a timely written request.

    The rule's wording

    If the clerk receives the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear, the clerk must, within 15 calendar days after receiving the defendant's written request, extend the appearance date 25 calendar days and must give or mail notice to the defendant of the extended due date on the Request for Trial by Written Declaration (form TR-205) with a copy of the Instructions to Defendant (form TR-200) and any other required forms.
  • The clerk must deliver or mail the Decision and Notice of Decision (form TR-215) within 90 calendar days after the due date.

Cal. Rules of Court, rule 4.230. Additional requirements in capital cases

  • Within 10 days of counsel's first appearance in court, primary counsel for each defendant and the prosecution must each acknowledge that they have reviewed Capital Case Attorney Trial Checklist (form CR-605) by signing and submitting this form to the court.

  • In the event of any substitution of attorney at any stage of the case, the relieved attorney must provide the list of all appearances to substituting counsel within five days of being relieved.

  • No later than 21 days after the imposition of a sentence of death, counsel must submit the lists to the court and serve on all parties a copy of all the lists except the list of Penal Code section 987.9 appearances.

Cal. Rules of Court, rule 4.335. Ability-to-pay determinations for infraction offenses

  • If a defendant has already had an ability-to-pay determination in the case, a defendant may request a subsequent ability-to-pay determination only based on changed circumstances.

  • A defendant may request an ability-to-pay determination at adjudication, or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

  • A defendant ordered to pay on an installment plan or to complete community service may request to have an ability-to-pay determination at any time during the pendency of the judgment.

Cal. Rules of Court, rule 4.437. Statements in aggravation and mitigation

  • Statements in aggravation and mitigation referred to in section 1170(b) must be filed and served at least four days before the time set for sentencing under section 1191 or the time set for pronouncing judgment on revocation of probation under section 1203.2(c) if imposition of sentence was previously suspended.

Cal. Rules of Court, rule 4.480. Judge's statement under section 1203.01

  • If a section 1203.01 statement is prepared, it should be submitted no later than two weeks after sentencing for inclusion in the official case summary.

    The rule's wording

    If a section 1203.01 statement is prepared, it should be submitted no later than two weeks after sentencing so that it may be included in the official Department of Corrections and Rehabilitation, Division of Adult Operations case summary that is prepared during the time the offender is being processed at the Reception-Guidance Center of the Department of Corrections and Rehabilitation, Division of Adult Operations.

Cal. Rules of Court, rule 4.530. Intercounty transfer of probation and mandatory supervision cases

  • If the supervised person is in custody at the time of transfer, the supervised person must report to the probation officer of the receiving county no later than 30 days after being released from custody unless the transferring court orders the supervised person to report sooner.

  • No later than 10 days before the date set for hearing on the motion, the receiving court may provide comments to the transferring court regarding the proposed transfer.

  • The probation officer must notify the party of his or her decision within 30 days of the party's request.

  • The supervised person must report to the probation officer of the receiving county no later than 30 days after transfer unless the transferring court orders the supervised person to report sooner.

Cal. Rules of Court, rule 4.551. Habeas corpus proceedings

  • After receiving an informal response, the court may not deny the petition until the petitioner has filed a timely reply to the informal response or the 15-day period provided for a reply under (b)(2) has expired.

  • The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed.

  • If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.

  • The informal response must be in writing and must be served and filed within 15 days.

  • When an unadjudicated habeas corpus petition is amended to include a claim under section 745, or otherwise amended with leave of court, the time to rule on a petition for writ of habeas corpus is extended to 60 days from the date the amended petition was filed.

  • If the presiding judge or their designee determines that the notice is complete and the court has failed to rule, the presiding judge or their designee must assign the petition to a judge and calendar the matter for a decision without appearances within 30 days of the filing of the notice and request for ruling. If the judge assigned by the presiding judge rules on the petition before the date the petition is calendared for decision, the matter may be taken off calendar.

  • The court must issue an order to show cause or deny the petition within 45 days after receipt of an informal response requested under (b).

  • Except as provided in (2), within 30 days after the filing of any denial or, if none is filed, after the expiration of the time for filing a denial, the court must either grant or deny the relief sought by the petition or order an evidentiary hearing.

  • The respondent may, within 30 days thereafter, file a return.

  • Within 30 days after service and filing of a return, the petitioner may file a denial.

  • If any informal response is filed, the court must notify the petitioner that a reply may be filed within 15 days from the date of service of the response on the petitioner or counsel.

  • On filing, the clerk of the court must immediately deliver the petition to the presiding judge or his or her designee.

  • For the purposes of (a)(5), the court rules on the petition by: (A) Issuing an order to show cause under (c); (B) Denying the petition for writ of habeas corpus; or (C) Requesting an informal response to the petition for writ of habeas corpus under (b).

Cal. Rules of Court, rule 4.552. Habeas corpus jurisdiction

  • (4) If the receiving court determines that the reason for transfer is inapplicable, the receiving court must, within 30 days of receipt of the case, order the case returned to the transferring court. The transferring court must retain and resolve the matter as provided by these rules.

Cal. Rules of Court, rule 4.571. Filing of petition in the superior court

  • The clerk must file an attorney's petition not complying with this rule if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five court days.

  • (1) The court must rule on the petition within 60 days after the petition is filed with the court or transferred to the court from another superior court.

  • (3) If the court requests an informal response, it must issue an order to show cause or deny the petition within 30 days after the filing of the reply, or if none is filed, after the expiration of the time for filing the reply under rule 4.573(a)(3).

  • (A) Requesting an informal response to the petition;

  • (C) Denying the petition.

  • (B) Issuing an order to show cause; or

Cal. Rules of Court, rule 4.572. Transfer of petitions

  • Unless the court finds good cause for it to consider the petition, a petition subject to this article that is filed in a superior court other than the court that imposed the sentence must be transferred to the court that imposed the sentence within 21 days of filing.

Cal. Rules of Court, rule 4.573. Proceedings after the petition is filed

  • (3) If a response is filed, the court must notify the petitioner that a reply may be served and filed within 30 days of the filing of the response, or a later date if the court so orders. The court may not deny the petition until that time has expired.

  • (2) The response must be served and filed within 45 days of the filing of the request, or a later date if the court so orders.

Cal. Rules of Court, rule 4.574. Proceedings following an order to show cause

  • (1) Any return must be served and filed within 45 days after the court issues the order to show cause, or a later date if the court so orders.

  • A death penalty-related habeas proceeding is submitted for decision when the evidentiary hearing concludes, or, if supplemental briefing follows, when all supplemental briefing is filed.

    The rule's wording

    For purposes of article VI, section 19, of the California Constitution, a death penalty-related habeas corpus proceeding is submitted for decision at the conclusion of the evidentiary hearing, if one is held. If there is supplemental briefing after the conclusion of the evidentiary hearing, the matter is submitted when all supplemental briefing is filed with the court.
  • Within 60 days after filing of the denial, or if none is filed, after the expiration of the deadline for filing the denial under (b)(1), the court must either grant or deny the relief sought by the petition or set an evidentiary hearing.

  • (1) Unless the court orders otherwise, within 30 days after the return is filed, or a later date if the court so orders, the petitioner may serve and file a denial.

Cal. Rules of Court, rule 5.2. Division title; definitions; application of rules and laws

  • Such an action must be commenced by filing an appropriate petition, and the respondent must file an appropriate response within 30 days after service of the summons and a copy of the petition.

Cal. Rules of Court, rule 5.24. Joinder of persons claiming interest

  • The hearing date must be less than 30 days from the date of filing the notice.

  • The claimant has 30 days after service to file an appropriate response.

Cal. Rules of Court, rule 5.43. Fee waiver denials; voided actions; dismissal

  • The clerk of the court must void the papers that were filed with a petitioner's or respondent's fee waiver application if 10 days pass after notice of the fee waiver denial and petitioner or respondent has not:

Cal. Rules of Court, rule 5.63. Request for order to quash proceeding or responsive relief

  • Within 15 days after the filing of the response, the petitioner may move to quash, in whole or in part, any request for affirmative relief in the response for the grounds set forth in (a).

  • When a request for order to quash is granted, the court may grant leave to amend the petition or response and set a date for filing the amended pleadings. The court may also dismiss the action without leave to amend.

  • The parties are deemed to have waived the grounds set forth in (b) if they do not file a request for order to quash within the time frame set forth.

  • A respondent may move to quash all or part of the proceeding within the time allowed to file a response, on the grounds listed.

    The rule's wording

    Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons: (1) Lack of legal capacity to sue; (2) Prior judgment or another action pending between the same parties for the same cause; (3) Failure to meet the residence requirement of Family Code section 2320; or (4) Statute of limitations in Family Code section 2211.
  • If the respondent files a request for order to quash, no default may be entered, and the time to file a response will be extended until 15 days after service of the court's order denying the request for order to quash.

  • The action may also be dismissed if the request for order has been sustained with leave to amend and the amendment is not made within the time permitted by the court.

Cal. Rules of Court, rule 5.72. Court order for service by publication or posting when respondent's address is unknown

  • In a family law case, the proof of service or an equivalent pleading must be filed with the court once posting is completed.

    The rule's wording

    Proof of Service by Posting (form FL-985) (or a pleading containing the same information as form FL-985) must be completed by the person who posted the documents and then filed with the court once posting is completed.

Cal. Rules of Court, rule 5.83. Family centered case resolution

  • If, after 18 months from the date the petition was filed, both parties have failed to participate in the case resolution process as determined by the court, the court's obligation for further review of the case is relieved until the case qualifies for dismissal under Code of Civil Procedure section 583.210 or 583.310, or until the parties reactivate participation in the case, and the case is not counted toward the goals for disposition set out in (c)(5).

  • At least 75 percent are disposed within 12 months from the date the petition was filed; and

  • If no response has been filed, and the parties have not agreed on an extension of time to respond, a request to enter default should be submitted within 60 days after the date the response was due;

  • A proof of service of summons and petition should be filed within 60 days of case initiation;

  • At least 20 percent are disposed within 6 months from the date the petition was filed;

  • When the parties have notified the court that they are actively negotiating or mediating their case, a written agreement for judgment is submitted within six months of the date the petition was filed, or a request for trial date is submitted.

  • For dissolution, legal separation, nullity, and parentage cases filed on or after January 1, 2013, the court must review each case within at least 180 days after initial filing and at least every 180 days thereafter until disposition.

    The rule's wording

    For cases filed on or after January 1, 2013, the court must include as part of the family centered case resolution process a review of all dissolution, legal separation, nullity, and parentage cases within at least 180 days from the date of the initial filing and at a minimum, at least every 180 days thereafter until disposition in order to determine the most appropriate next steps to help ensure an effective, fair, and timely resolution.
  • When a default has been entered, a judgment should be submitted within 60 days of the entry of default;

  • Beginning January 1, 2012, courts must develop a family centered case resolution process which must be fully implemented by January 1, 2013.

  • At least 90 percent are disposed within 18 months from the date the petition was filed.

Cal. Rules of Court, rule 5.94. Order shortening time; other filing requirements; failure to serve request for order

  • (2) On or before the day the papers are due.

  • No papers relating to a request for order or responsive declaration to the request may be rejected for filing on the ground that they were untimely submitted for filing.

  • The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

  • (1) Before the close of the court clerk's office to the public; and

Cal. Rules of Court, rule 5.95. Request to reschedule hearing

  • The party should submit the forms in (iii) to the court no later than five court days before the hearing date set on the Request for Order (form FL-300), order to show cause, or other moving paper.

  • The parties should submit the agreement to the court no later than five days before the hearing set on the Request for Order (form FL-300), order to show cause, or other moving paper.

  • The party should submit the request to the court no later than five court days before the hearing set on the Request for Order (form FL-300), order to show cause, or other moving paper.

Cal. Rules of Court, rule 5.97. Time frames for transferring jurisdiction

  • For a family law transfer, the sending clerk must transmit the case file within five court days after the 20-day period to petition for a writ of mandate expires.

    The rule's wording

    After a court orders the transfer of jurisdiction over the action or proceeding, the clerk must transmit the case file to the clerk of the court to which the action or proceeding is transferred within five court days of the date of expiration of the 20-day time period to petition for a writ of mandate.
  • For a family law transfer, the receiving clerk must send the required notice within 20 court days after transmittal.

    The rule's wording

    Within 20 court days of the date of the transmittal, the clerk of the court receiving the transferred action or proceeding must send notice to all parties who have appeared in the action or proceeding and the court that ordered the transfer stating the date of the filing of the case and the number assigned to the case in the court.
  • If a writ is filed, the clerk must transmit the case file within five court days of the notice that the order is final.

Cal. Rules of Court, rule 5.111. Declarations supporting and responding to a request for court order

  • A party objecting that a declaration fails to meet (b)(2) must file written objections at least 2 court days before the hearing or the objection is waived, unless good cause permits written or oral objections at the hearing.

    The rule's wording

    (1) If a party thinks that a declaration does not meet the requirements of (b)(2) the party must file their objections in writing at least 2 court days before the time of the hearing, or any objection will be considered waived, and the declaration may be considered as evidence. Upon a finding of good cause, objections may be made in writing or orally at the time of the hearing.

Cal. Rules of Court, rule 5.125. Preparation, service, and submission of order after hearing

  • Within 5 calendar days after service, the party ordered to prepare the order (including the attorney of record) must review it and either approve it or object and prepare an alternate order, subject to the court's authority to modify timelines and procedures when appropriate to the case.

    The rule's wording

    (2) Within 5 calendar days from service of the proposed order, the party who had been ordered to prepare the order must review the proposed order to determine if it accurately reflects the orders made by the court and take one of the following actions: (A) Approve the proposed order by signing and serving it to the party or attorney who drafted the proposed order; or (B) State any objections to the proposed order and prepare an alternate proposed order. Any alternate proposed order by the objecting party must list the findings and orders in the same sequence as the proposed order. After serving any objections and the alternate proposed order to the other party or attorney, both parties must follow the procedure in (e).
  • (2) If the parties reach an agreement, the proposed findings and order after hearing must be submitted to the court within 10 calendar days following the meeting.

  • (3) If the party does not respond as described in (2), the party who prepared the proposed order must submit the proposed order to the court without approval within 5 calendar days.

  • (2) If the other party does not respond to the proposed order within 20 calendar days of the court hearing, the party ordered to prepare the proposed order must submit the proposed order to the court without approval within 25 calendar days of the hearing date.

  • (2) If the other party did not appear at the hearing or the matter was uncontested, submit the proposed order directly to the court without the other party's approval. A copy must also be served to the other party or attorney.

  • If the parties do not resolve their disagreement after meeting and conferring, each party must submit to the court and serve on the other party the specified documents within 10 calendar days following the meeting.

    The rule's wording

    (3) If the parties fail to resolve their disagreement after meeting and conferring, each party will have 10 calendar days following the date of the meeting to submit to the court and serve on each other the following documents: (A) A proposed Findings and Order After Hearing (FL-340) (and any form attachments); (B) A copy of the minute order or official transcript of the court hearing; and (C) A cover letter that explains the objections, describes the differences in the two proposed orders, references the relevant sections of the transcript or minute order, and includes the date and results of the meet-and-confer conferences.
  • After the proposed order is signed by the court, the court clerk must file the order.

  • Within 20 calendar days of the hearing, the other party (including the attorney of record) must review the proposed order and approve it or object and prepare an alternate, subject to the court's authority to modify timelines and procedures when appropriate to the case.

    The rule's wording

    (1) Within 20 calendar days from the court hearing, the other party must review the proposed order to determine if it accurately reflects the orders made by the court and take one of the following actions: (A) Approve the proposed order by signing and serving it on the party or attorney who drafted the proposed order; or (B) State any objections to the proposed order and prepare an alternate proposed order. Any alternate proposed order prepared by the objecting party must list the findings and orders in the same sequence as the proposed order. After serving any objections and the alternate proposed order to the party or attorney, both parties must follow the procedure in (e).

Cal. Rules of Court, rule 5.130. Request for Special Immigrant Juvenile findings

  • (B) At the same time as, or any time after, a Request for Order (form FL-300) or a Responsive Declaration to Request for Order (form FL-320) requesting sole physical custody of the child; or

  • (C) In an initial action under the Domestic Violence Prevention Act, at the same time as, or any time after, a Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-100) or Response to Request for Domestic Violence Restraining Order (Domestic Violence Prevention) (form DV-120) requesting sole physical custody of the child.

  • The completed form may be filed in any proceeding under the Family Code in which a party is requesting sole physical custody of the child who is the subject of the requested findings:

  • (A) At the same time as, or any time after, the petition or response;

Cal. Rules of Court, rule 5.165. Requirements for notice

  • The court may adopt a local rule requiring that the party provide additional notice to the court that he or she will be requesting emergency orders the next court day.

Cal. Rules of Court, rule 5.225. Appointment requirements for child custody evaluators

  • Court-connected child custody evaluators practicing as of January 1 of a given year must submit the form by January 30 of that year.

  • Court-connected evaluators beginning practice after January 1 must submit the form before any work on the first child custody evaluation has begun and by January 30 of every year thereafter;

  • Private child custody evaluators must complete a Declaration of Private Child Custody Evaluator Regarding Qualifications (form FL-326) and file it with the clerk's office no later than 10 days after notification of each appointment and before any work on each child custody evaluation has begun;

Cal. Rules of Court, rule 5.240. Appointment of counsel to represent a child in family law proceedings

  • Each court had to develop the required local complaint-procedure rules by January 1, 2010.

    The rule's wording

    By January 1, 2010, each court must develop local court rules in accordance with rule 10.613 that provide for acceptance and response to complaints about the performance of the court-appointed counsel for a child.

Cal. Rules of Court, rule 5.242. Qualifications, rights, and responsibilities of counsel appointed to represent a child in family law proceedings

  • (2) Notify the court within five days of any disciplinary action taken by the State Bar of California, stating the basis of the complaint, result, and notice of any reproval, probation, or suspension.

  • Appointed counsel for a child in a family law proceeding must file the declaration no later than 10 days after appointment and before beginning work on the case.

    The rule's wording

    (1) File a declaration with the court indicating compliance with the requirements of this rule no later than 10 days after being appointed and before beginning work on the case. Counsel may complete the Declaration of Counsel for a Child Regarding Qualifications (form FL-322) or other local court forms for this purpose; and

Cal. Rules of Court, rule 5.275. Standards for computer software to assist in determining support

  • (1) Any certification provided by the Judicial Council under Family Code section 3830 and this rule must expire one year from the date of its issuance unless another expiration date is stated in the certification.

  • The Judicial Council may provide for earlier expiration of a certification if (A) the provisions involving the calculation of tax consequences change or (B) other provisions involving the calculation of support change.

  • At least three months prior to the expiration of a certification, a person may apply for renewal of the certification.

Cal. Rules of Court, rule 5.350. Procedures for hearings to cancel (set aside) voluntary declarations of parentage or paternity when no previous action has been filed

  • On receipt of the completed request for hearing, the clerk must assign a case number and schedule a court date. The court date must be no earlier than 31 days after the date of filing and no later than 45 days after the date of filing.

Cal. Rules of Court, rule 5.311. Implementation of new and revised governmental forms by local child support agencies

  • A local child support agency providing services under Family Code section 17400 must implement new or revised Judicial Council forms for the specified support actions within six months of the form's effective date.

    The rule's wording

    A local child support agency providing services as required by Family Code section 17400 must implement any new or revised form approved or adopted by the Judicial Council for support actions under title IV-D of the Social Security Act, and under California statutory provisions concerning these actions, within six months of the effective date of the form.

Cal. Rules of Court, rule 5.324. Telephone appearance in title IV-D hearings and conferences

  • In a Title IV-D support action, the specified individuals and agencies must file a request to appear by telephone with the court clerk at least 12 court days before the hearing.

    The rule's wording

    A party, an attorney, a witness, a parent who has not been joined to the action, or a representative of a local child support agency or government agency who wishes to appear by telephone at a hearing must file a request with the court clerk at least 12 court days before the hearing. A local child support agency that files the request for telephone appearance on behalf of a party, a parent, or a witness must file the request with the court clerk at least 12 court days before the hearing.
  • The court may shorten the time to file, submit, serve, respond, or comply with any of the procedures specified in this rule.

  • It must be filed with the court clerk and served at least eight court days before the court hearing.

Cal. Rules of Court, rule 5.335. Procedures for hearings on interstate income withholding orders

  • Upon receipt of the completed request for hearing and a copy of the income withholding order, the clerk must assign a case number and schedule a court date.

  • The court date must be no later than 45 days from the date of filing.

  • The court date must be no earlier than 30 days from the date of filing

Cal. Rules of Court, rule 5.372. Transfer of title IV-D cases between tribal court and state court

  • unless a party has objected within 20 days after service of notice of the right to object referenced in subdivision (e)(1) above.

  • After the superior court grants transfer and receives confirmation that the tribal court accepted jurisdiction, the clerk must deliver the case file within 20 days of that confirmation.

    The rule's wording

    Once the superior court has granted the application to transfer and has received confirmation that the tribal court has accepted jurisdiction, the superior court clerk must deliver a copy of the entire file, including all pleadings and orders, to the clerk of the tribal court within 20 days of confirmation that the tribal court has accepted jurisdiction.

Cal. Rules of Court, rule 5.382. Request to make minor's information confidential in domestic violence protective order proceedings

  • (i) The person who made the request for confidentiality has the right to object by filing form DV-178 within 20 days from the date of the mailing of form DV-177, or verbally objecting at a hearing, if one is held.

  • Documents submitted with the restraining order request must not be filed until after the court has ruled on the request for confidentiality and must be consistent with (C) below.

  • A request for confidentiality may be made at any time during the case.

  • If a request for confidentiality is submitted at the same time as a request for restraining orders, the court must consider both requests consistent with Family Code section 6326, and must consider and rule on the request for confidentiality before the request for restraining order is filed.

Cal. Rules of Court, rule 5.390. Bifurcation of issues

  • Within 10 days after the order deciding the bifurcated issue and any statement of decision under rule 3.1591 have been filed

Cal. Rules of Court, rule 5.392. Interlocutory appeals

  • Briefs must be filed under a schedule set for the matter by the Court of Appeal.

  • The motion must be heard within 30 days after the order deciding the bifurcated issue is served.

  • If it was not in the order, within 10 days after the clerk serves the order deciding the bifurcated issue, a party may notice a motion asking the court to certify that there is probable cause for immediate appellate review of the order.

  • If the motion is not determined within 40 days after serving the order on the bifurcated issue, it is deemed granted on the grounds stated in the motion.

  • The partial record filed with the motion will be considered the record for the appeal unless, within 10 days from the date notice of the grant of the motion is served, a party notifies the Court of Appeal of additional portions of the record that are needed for the full consideration of the appeal.

  • The motion to appeal is deemed granted unless it is denied within 30 days from the date of filing the opposition or the last document requested by the court, whichever is later.

  • Within 10 days after service of the motion, an adverse party may serve and file an opposition to it.

  • On ex parte application served and filed within 15 days, the Court of Appeal or the trial court may extend the time for filing the motion to appeal by not more than an additional 20 days.

  • If the certificate is granted, a party may, within 15 days after the court serves the notice of the order granting it, serve and file in the Court of Appeal a motion to appeal the decision on the bifurcated issue.

Cal. Rules of Court, rule 5.394. Trial or hearing brief

  • The parties must serve the trial or hearing brief on all parties and file the brief with the court a minimum of 5 court days before the trial or long-cause hearing.

Cal. Rules of Court, rule 5.411. Stipulated judgments

  • A stipulated judgment may be submitted to the court for signature as an uncontested matter or at the hearing on the merits.

    The rule's wording

    A stipulated judgment (which must be attached to form FL-180 or form FL-250) may be submitted to the court for signature as an uncontested matter or at the time of the hearing on the merits and must contain the exact terms of any judgment proposed to be entered in the case.

Cal. Rules of Court, rule 5.425. Limited scope representation; application of rules

  • The clerk must set a hearing date on the Objection to Proposed Notice of Completion of Limited Scope Representation (form FL-956) to be conducted no later than 25 court days from the date the objection is filed.

  • If the attorney wishes, he or she may file and serve a Response to Objection to Proposed Notice of Completion of Limited Scope Representation (form FL-957). Unless otherwise directed by the court, any response should be filed with the court and served on the client and other parties, or their attorneys, at least nine court days before the hearing.

Cal. Rules of Court, rule 5.448. Minor's request to marry or establish a domestic partnership

  • After obtaining a court order granting a minor permission to marry or establish a domestic partnership, the parties must wait 30 days from the date the court made the order before filing a marriage license or filing a declaration of domestic partnership.

Cal. Rules of Court, rule 5.475. Custody and visitation orders following termination of a juvenile court proceeding or probate court guardianship proceeding

  • The clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order in the new case file.

Cal. Rules of Court, rule 5.482. Proceedings after notice

  • Proof of notice in accordance with this rule must be filed with the court in advance of the hearing, except for those excluded by (a)(2) and (3), and must include Notice of Child Custody Proceeding for Indian Child (form ICWA-030), return receipts, and any responses received from the Bureau of Indian Affairs and tribes.

  • (B) Proof of notice must be filed with the court within 10 days after the filing of the petition.

Cal. Rules of Court, rule 5.484. Emergency proceedings involving an Indian child

  • An emergency removal must not continue for more than 30 days unless the court makes the following determinations:

  • (2) If the request provides evidence of new information establishing that the emergency placement is no longer necessary, the court must promptly schedule a hearing.

Cal. Rules of Court, rule 5.493. Requirement to request adoption under California law of a child born in a foreign country when the adoption is finalized in the foreign country (Fam. Code, §§ 8912, 8919)

  • (A) File the request within 90 days of the child's entry into the United States; and

  • (3) Within 10 business days of an order granting a request for adoption under California law, the clerk of the court must submit to the State Registrar the order granting the request.

  • (A) File a request to adopt the child in California within the earlier of 60 days from the adoptee's entry into the United States or the adoptee's 16th birthday; and

Cal. Rules of Court, rule 5.504. Judicial Council forms

  • New and revised mandatory forms produced by computer, word-processor printer, or similar process must be implemented within one year of the effective date of the form.

Cal. Rules of Court, rule 5.512. Joint assessment procedure

  • (1) The assessment must be completed as soon as possible after the child comes to the attention of either department.

  • (2) Whenever possible, the determination of status must be made before any petition concerning the child is filed.

  • If the child is detained, the hearing on the joint assessment report must occur as soon as possible after or concurrent with the detention hearing, but no later than 15 court days after the order of detention and before the jurisdictional hearing.

  • Each county’s probation and child welfare departments had to adopt and submit the written protocol to the Judicial Council on or before January 1, 2004.

    The rule's wording

    On or before January 1, 2004, the probation and child welfare departments of each county must adopt a written protocol for the preparation of joint assessment reports, including procedures for resolution of disagreements between the probation and child welfare departments, and submit a copy to the Judicial Council.
  • (2) The report must be filed at least 5 calendar days before the hearing on the joint assessment in the county where the second petition alleging jurisdictional facts under sections 300, 601, or 602 has been filed.

  • If the child is not detained, the hearing on the joint assessment must occur before the jurisdictional hearing and within 30 days of the date of the petition.

Cal. Rules of Court, rule 5.514. Intake; guidelines

  • If the child is placed on a program of informal supervision for not more than six months under section 301, the social worker may file a petition at any time during the six-month period.

  • If a child on informal supervision under section 654 has not participated in the specific programs within 60 days, the probation officer must immediately file a petition under section 601, or request that the prosecuting attorney file one under section 602, unless the probation officer determines that the interests of the child and the community can be adequately protected by continuing under section 654.

  • If a child is placed on a program of informal supervision for not more than six months under section 654, the probation officer may file a petition under section 601, or request that the prosecuting attorney file a petition under section 602, at any time during the six-month period, or within 90 days thereafter.

Cal. Rules of Court, rule 5.522. Remote filing

  • (B) Any document received for fax filing must be filed or submitted to the court immediately on receipt and must not be placed or stored where anyone not entitled to access may examine it.

Cal. Rules of Court, rule 5.531. Appearance by telephone (§ 388; Pen. Code § 2625)

  • (5) Establish a deadline of no more than three court days before the proceeding for notice to the court by the party or party's attorney (if any) of that party's intent to appear by telephone, and permit that notice to be conveyed by any method reasonably calculated to reach the court, including telephone, fax, or other electronic means;

Cal. Rules of Court, rule 5.532. Court reporter; transcripts

  • must prepare a transcript of the proceedings within such reasonable time after the hearing as the judge designates

Cal. Rules of Court, rule 5.534. General provisions-all proceedings

  • When form JV-290 or a caregiver letter is received by mail the court clerk must immediately file it.

  • If filing by mail, the caregiver must mail the original document and 8 copies to the court clerk's office for filing no later than seven calendar days before the hearing.

  • If filing in person, the caregiver must bring the original document and 8 copies to the court clerk's office for filing no later than five calendar days before the hearing.

Cal. Rules of Court, rule 5.540. Orders of referees not acting as temporary judges

  • (1) Any order removing a child from the physical custody of the person legally entitled to custody; or

  • (2) Any order the presiding judge of the juvenile court requires to be expressly approved.

  • (c) Finality date of order An order of a referee becomes final 10 calendar days after service of a copy of the order and findings under rule 5.538, if an application for rehearing has not been made within that time or if the judge of the juvenile court has not within the 10 days ordered a rehearing on the judge's own motion under rule 5.542.

Cal. Rules of Court, rule 5.542. Rehearing of proceedings before referees

  • If the application is not denied within 20 calendar days following the date of receipt of the application, or within 45 calendar days if the court for good cause extends the time, the application must be deemed granted.

  • A rehearing of other matters heard before a referee must be held within 10 court days after the rehearing is granted.

  • A rehearing of a detention hearing must be held within two court days after the rehearing is granted.

  • Notwithstanding (a), at any time within 20 court days after a hearing before a referee, the judge, on the judge's own motion, may order a rehearing.

  • A child, parent, or guardian may apply for rehearing before 10 calendar days expire after service of the order and findings.

    The rule's wording

    An application for a rehearing of a proceeding before a referee not acting as a temporary judge may be made by the child, parent, or guardian at any time before the expiration of 10 calendar days after service of a copy of the order and findings.

Cal. Rules of Court, rule 5.544. Prehearing motions (§ 700.1)

  • (1) At least 5 judicial days before the date the jurisdiction hearing is set to begin if the child is detained or the motion is one to suppress evidence obtained as a result of an unlawful search and seizure; or

  • (2) At least 10 judicial days before the date the jurisdiction hearing is set to begin if the child is not detained and the motion is other than one to suppress evidence obtained as a result of an unlawful search and seizure.

Cal. Rules of Court, rule 5.550. Continuances

  • In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for the hearing, unless the court finds good cause for failure to comply with these requirements.

  • In order to obtain a continuance, written notice with supporting documents must be filed and served on all parties at least two court days before the date set for hearing, unless the court finds good cause for hearing an oral motion.

Cal. Rules of Court, rule 5.552. Procedure for requesting any juvenile delinquency case file and a living child’s juvenile dependency case file (§§ 827(a)(1), 827.12, 828)

  • If such an objection is filed within the 30 day period the court must set a hearing on the objection within 30 days of the filing of the objection to consider the objection and make a determination on whether and how release of information should be accomplished.

Cal. Rules of Court, rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 451, 452, 607.2, 607.3, 16501.1 (g)(16))

  • The social worker's or probation officer's report and all documents required by (2)-(3) must be filed with the court at least 10 calendar days before the hearing,

Cal. Rules of Court, rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)

  • When a subsequent or supplemental petition is filed, the clerk must immediately set it for hearing within 30 days of the filing date.

  • The hearing must begin within the time limits prescribed for jurisdiction hearings on original petitions under rule 5.670.

Cal. Rules of Court, rule 5.570. Request to change court order (petition for modification)

  • (1) order that a hearing on the petition be held within 30 calendar days after the petition is filed; or

  • If the court then grants an evidentiary hearing on the petition, that hearing must be held within 30 calendar days after the petition is filed.

Cal. Rules of Court, rule 5.575. Joinder of agencies

  • The hearing must be set to occur within 30 calendar days of the signing of the notice by the court. The hearing will proceed under the provisions of rule 5.570(h) or (i), as appropriate.

  • Agencies may meet before the joinder hearing to coordinate services, and the court may request a meeting and a written agency response at least 5 court days before the hearing.

    The rule's wording

    Nothing in this rule prohibits agencies from meeting before the hearing to coordinate the delivery of services. The court may request, using section 8 of form JV-540, that agency representatives meet before the hearing and that the agency or agencies submit a written response to the court at least 5 court days before the hearing.

Cal. Rules of Court, rule 5.590. Advisement of right to review in section 300, 601, or 602 cases

  • an appeal of the order must be filed before the transfer to tribal jurisdiction is finalized

  • failure to request and obtain a stay of the order for transfer will result in a loss of appellate jurisdiction.

Cal. Rules of Court, rule 5.605. Emancipation of minors

  • Within 30 days from the filing of the petition, the court must (1) grant the petition, (2) deny the petition, or (3) set a hearing on the petition to be conducted within 30 days thereafter.

  • The clerk must immediately provide the petitioner with an endorsed-filed copy of the court's order.

  • The clerk of the court in which the petition is filed must immediately provide or direct the petitioner to provide the petition to the court.

  • If the court orders the matter set for hearing, the clerk must notify the district attorney of the time and date of the hearing, which must be within 30 days of the order prescribing notice and setting for hearing.

Cal. Rules of Court, rule 5.610. Transfer-out hearing

  • If the child is not ordered transported in custody, the clerk of the transferring court must transmit to the clerk of the court of the receiving county within five court days a certified copy of the complete case file.

  • If the child is ordered transported in custody, the child must be delivered to the receiving county at least two business days before the transfer-in hearing.

    The rule's wording

    If the child is ordered transported in custody to the receiving county, the child must be delivered to the receiving county at least two business days before the transfer-in hearing, and the clerk of the court of the transferring county must prepare a certified copy of the complete case file so that it may be transported with the child to the court of the receiving county.
  • If the transfer-out motion is granted, the sending court must set the receiving-court hearing within 5 court days of the order when the child is in custody.

    The rule's wording

    If the transfer-out motion is granted, the sending court must set a date certain for the transfer-in hearing in the receiving court: within 5 court days of the transfer-out order if the child is in custody, and within 10 court days of the transfer-out order if the child is out of custody.

Cal. Rules of Court, rule 5.613. Transfer of nonminor dependents

  • The transferring court’s clerk must transmit the specified certified case-file materials to the receiving court’s clerk within five court days after the transfer-out order.

    The rule's wording

    The clerk of the transferring court must transmit to the clerk of the court of the receiving county no later than five court days from the date of the transfer-out order a certified copy of the entire nonminor file and, at a minimum, all documents associated with the last status review hearing held before the nonminor reached majority, including the court report and all findings and orders.

Cal. Rules of Court, rule 5.614. Out-of-county placements

  • (2) An objection must be filed within the time frames in section 361.2(h).

Cal. Rules of Court, rule 5.616. Interstate Compact on the Placement of Children

  • The sending child welfare agency must be ordered to transmit to the county ICPC Liaison in the sending jurisdiction within 3 business days of receipt of the order the following:

  • The order must be transmitted by the court to the sending agency of the court's jurisdiction within 2 business days of the hearing or consideration of the request.

  • For proposed placements of children in residential facilities or group homes, the receiving state's approval expires 30 calendar days from the date form ICPC-100A was signed by the receiving state. The 30-day time frame can be extended by mutual agreement between the sending and receiving states.

  • For proposed placements of children for adoption, in foster care, or with relatives, the receiving state's approval expires six months from the date form ICPC-100A was signed by the receiving state.

  • Within 2 business days after receipt of the paperwork, the county ICPC Liaison of the sending jurisdiction must transmit the documents described in (D) to the compact administrator of the receiving jurisdiction with a request for an expedited placement decision, as well as any request for provisional placement.

  • The compact administrator of the receiving jurisdiction must determine immediately, and no later than 20 business days after receipt, whether the placement is approved and must transmit the completed written report and form ICPC 100A, as required by Regulation 7, section 9, to the county ICPC Liaison in the sending jurisdiction.

Cal. Rules of Court, rule 5.618. Placement in short-term residential therapeutic program (§§ 361.22, 727.12)

  • (1) The social worker or probation officer must submit a report to the court that includes the information required by section 361.22(c) or 727.12(c) no later than seven calendar days before the hearing.

  • (B) No later than 5 court days before the hearing date, the placing agency has filed Proof of Service-Short-Term Residential Therapeutic Program Placement or Community Treatment Facility (JV-237) verifying that the parties listed in (e)(1) were served, no later than 10 court days before the hearing date, a copy of the report described in section 361.22(c) or 727.12(c) and a completed Notice of Request for Approval of Short-Term Residential Therapeutic Program or Community Treatment Facility Without a Hearing (form JV-240);

  • After receiving a request for a hearing, the court must set a hearing under section 361.22(d) or 727.12(d) to be held within 45 days of the start of the short-term residential therapeutic program or community treatment facility placement.

  • (C) The rule ensures that the approval occurs no later than 60 days from the start of the placement.

  • (C) No party listed in (e)(1) has notified the court of their objection to the placement within 5 court days of receiving the report described in section 361.22(c) or 727.12(c). Code of Civil Procedure section 1013(a) does not apply to this deadline; and

  • (A) The rule ensures that, before the hearing date, the placing agency has filed form JV-237 verifying that the parties listed in (e)(1) were served, no later than 10 court days before the hearing date, a copy of the report described in section 361.22(c) or 727.12(c) and form JV-240;

Cal. Rules of Court, rule 5.619. Voluntary placement in psychiatric residential treatment facility (Welf. & Inst. Code, §§ 361.23, 727.13)

  • After receiving an ex parte application for an order, the court must set a hearing under section 361.23 or 727.13 for the next judicial day.

  • If the court authorizes the continued admission of the child, nonminor, or nonminor dependent, the court must set a review hearing on the child's placement in the facility no later than 30 days from the date of the review hearing.

  • If the court does not authorize continued admission, it must set a hearing within 30 days to verify discharge.

    The rule's wording

    If the court does not authorize the continued admission of the child, nonminor, or nonminor dependent, the court must set a hearing in no later than 30 days to verify that the child, nonminor, or nonminor dependent has been discharged.
  • If the court authorizes the admission of the child, nonminor, or nonminor dependent, the court must set a hearing to review the placement in the facility no later than 60 days following the admission.

Cal. Rules of Court, rule 5.635. Parentage

  • The office of child support enforcement must prepare and return the completed Parentage Inquiry-Juvenile (form JV-500) within 25 judicial days, with certified copies of any such order or judgment or proof of the filing of any voluntary declaration attached;

Cal. Rules of Court, rule 5.637. Family Finding (§§ 309(e), 628(d))

  • In juvenile dependency proceedings, the social worker must use due diligence to investigate and identify, locate, and notify the specified persons no later than 30 days after the child is removed and detained.

    The rule's wording

    No later than 30 days after a child is removed from their parent or guardian and detained in a juvenile dependency proceeding, the social worker must use due diligence in conducting family finding, including an investigation to identify, locate, and provide notification and information as required in paragraph (2) to the child's parents or alleged parents, all the child's adult kin, parents with legal custody of the child's siblings, any adult siblings, and in the case of an Indian child, any extended family members of the child's tribe.
  • In juvenile delinquency proceedings, the probation officer must use due diligence to conduct family finding within 30 days after detention if the officer has reason to believe the child may be at risk of foster care placement, or within 30 days of the court order placing the child into foster care.

    The rule's wording

    No later than 30 days after a child is detained in a juvenile delinquency proceeding, if the probation officer has reason to believe that the child may be at risk of entering a foster care placement or within 30 days of the court order placing the child into foster care, the probation officer must use due diligence to conduct family finding, including an investigation to identify, locate, and provide notification and information as required in paragraph (2) to the child's parents or alleged parents, all of the child's adult kin, parents with legal custody of the child's siblings, any adult siblings, and in the case of an Indian child, any extended family members of the child's tribe.

Cal. Rules of Court, rule 5.640. Psychotropic medications

  • If form JV-222 is filed, it must be filed within four court days of receipt of notice of the application.

  • Before each progress review, the social worker or probation officer must file a completed County Report on Psychotropic Medication (form JV-224) at least 10 calendar days before the hearing.

  • Court authorization must be sought as soon as practical but in no case more than two court days after the emergency administration of the psychotropic medication.

  • If form JV-218 or form JV-219 is filed, it must be filed within four court days after receipt of notice of the pending application for psychotropic medication. If a hearing is set on the application, form JV-218 and form JV-219 may be filed at any time before, or at, the hearing.

  • The court must approve, deny, or set the matter for a hearing within seven court days of the receipt of the completed form JV-220 and form JV-220(A) or form JV-220(B).

  • If the court grants the request or modifies and then grants the request, the order for authorization is effective until terminated or modified by court order or until 180 days from the order, whichever is earlier.

Cal. Rules of Court, rule 5.647. Medi-Cal: Presumptive Transfer of Specialty Mental Health Services

  • The court on its own motion may direct the clerk to set a hearing no later than five court days after the request for a hearing was filed, or may deny the request for a hearing without ruling on the transfer of jurisdiction.

Cal. Rules of Court, rule 5.649. Right to make educational or developmental-services decisions

  • After the dispositional hearing and each statutory review hearing, a party requesting a modification, limitation, or restoration must submit the completed form JV-535 within five court days for court review and signature.

    The rule's wording

    Following the dispositional hearing and each statutory review hearing, the party that has requested a modification, limitation, or restoration of educational or developmental-services decisionmaking rights must complete form JV-535 and any required attachments to reflect the court's orders and submit the completed form within five court days for the court's review and signature.
  • An order made under section 319(g) expires on dismissal of the petition, but in no circumstances later than the conclusion of the hearing held under section 361.

Cal. Rules of Court, rule 5.651. Educational and developmental-services decisionmaking rights

  • If the child or youth had a disability and an active individualized education program before removal, the social worker or probation officer, at least 10 days before the change of placement, notified in writing the local educational agency that provided a special education program for the child or youth before removal and the receiving special education local plan area, as described in Government Code section 7579.1, of the impending change of placement.

  • The social worker or probation officer notified the court, the child's or youth's attorney, and the educational rights holder or surrogate parent, no more than one court day after making the placement decision, of the proposed placement decision.

  • The person who holds educational rights may request a hearing by filing form JV-539 no later than two court days after receipt of the notice in (1).

  • If the court sets a hearing, the social worker or probation officer must provide a report no later than two court days after the hearing is set that includes the information required by (b)(1)(C) as well as the following:

  • File form JV-539 no later than two court days after receipt of the notice in (1); and

Cal. Rules of Court, rule 5.652. Access to pupil records for truancy purposes

  • The local educational agency must return the completed form JV-531 within 15 calendar days after receiving the request.

    The rule's wording

    Form JV-531 must be completed by the local educational agency and returned to the requesting judicial officer or probation officer within 15 calendar days of receipt of the request with copies of any responsive pupil records attached.
  • The school district must inform by telephone or other means, or provide written notification to, the child's parent or guardian within 24 hours of the release of the information.

Cal. Rules of Court, rule 5.661. Representation of the child on appeal

  • A recommendation from the child's trial counsel or guardian ad litem may be filed at any time after a notice of appeal has been filed, but absent good cause, must be filed in the Court of Appeal no later than 20 calendar days after the filing of the last appellant's opening brief.

Cal. Rules of Court, rule 5.670. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing; visitation (§§ 309, 311, 313, 315, 362.1)

  • The clerk must set an initial hearing on the petition within 15 court days.

  • (2) The child was taken into custody in the county in which a protective custody warrant was issued by the juvenile court;

  • (1) The child was taken into custody in another county and transported in custody to the requesting county under a protective custody warrant issued by the juvenile court;

  • If the social worker does not take the child into custody but determines that a petition concerning the child should be filed, the social worker must file a petition with the clerk of the juvenile court as soon as possible.

  • (3) The matter was transferred from the juvenile court of another county under rule 5.610 and the child was ordered transported in custody.

  • If the hearing is not commenced within that time, the child must be immediately released from custody.

Cal. Rules of Court, rule 5.674. Conduct of hearing; admission, no contest, submission

  • The clerk must set the rehearing for a time within 24 hours of the filing of the affidavit, excluding noncourt days.

  • If the court orders the child detained, and the child, a parent, an Indian custodian, an Indian child's tribe, a guardian, or counsel requests that evidence of the prima facie case be presented, the court must set a prima facie hearing for a time within 3 court days to consider evidence of the prima facie case or set the matter for jurisdiction hearing within 10 court days.

Cal. Rules of Court, rule 5.690. General conduct of disposition hearing

  • (1) A written case plan must be completed and filed with the court by the date of disposition or within 60 calendar days of initial removal or of the in-person response required under section 16501(f) if the child has not been removed from his or her home, whichever occurs first.

  • (2) The petitioner must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys.

Cal. Rules of Court, rule 5.695. Findings and orders of the court-disposition

  • Failure to file a notice of intent to file a writ petition and request for record and a petition for extraordinary writ review within the period specified by rules 8.450 and 8.452 to substantively address the issues challenged, or to support the challenge by an adequate record, precludes subsequent review on appeal of the findings and orders made under this rule.

  • (A) An extraordinary writ was sought by the timely filing of a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record, and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ; and

Cal. Rules of Court, rule 5.697. Disposition Hearing for a Nonminor (Welf. & Inst. Code, §§ 224.1, 295, 303, 358, 358.1, 361, 366.31, 390, 391)

  • At least 48 hours before the hearing, the nonminor's Transitional Independent Living Case Plan must be submitted with the report that the social worker prepared for the hearing and must include:

  • The petitioner must submit the social study and copies to the clerk at least 48 hours before the disposition hearing begins.

    The rule's wording

    The petitioner must submit the social study and copies of it to the court clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys.
  • If the nonminor lacks competence as described, the guardian ad litem must file the completed and signed form JV-463 with the court at or before the scheduled disposition hearing.

    The rule's wording

    If the nonminor is not competent to direct counsel and give informed consent in accordance with Code of Civil Procedure section 372 and Probate Code sections 810 thru 813, the court must appoint a guardian ad litem to determine whether to provide informed consent on the nonminor's behalf by completing and signing Nonminor's Informed Consent to Hold Disposition Hearing (form JV-463) and filing it with the court at or before the scheduled disposition hearing.
  • The youth or their attorney must file the form with the court at or before the scheduled disposition hearing.

Cal. Rules of Court, rule 5.700. Termination of jurisdiction-custody and visitation orders (§§ 302, 304, 361.2, 362.4, 726.5)

  • (2) Transmit the order within 10 calendar days after the order is signed to any superior court where a proceeding described in (c)(1) is pending or, if no such proceeding exists, to the superior court of, in order of preference: (A) The county in which the parent who has been given sole physical custody resides; (B) The county in which the children's primary residence is located if no parent has been given sole physical custody; or (C) A county or other location where any parent resides.

  • The clerk must immediately open a family law file without charging a filing fee, assign a case number, and file the order in the new case file.

  • On receiving a juvenile court custody order transmitted under (b)(2), the clerk of the receiving court must immediately file the juvenile court order as follows.

Cal. Rules of Court, rule 5.707. Review or dispositional hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3, 366.31, 16501.1(f)(16))

  • (1) Must be submitted with the social worker's report prepared for the hearing at least 10 calendar days before the hearing;

  • (A) Set a hearing under rule 5.555 for a date within one month after the child's 18th birthday, for the child who requests that the juvenile court terminate its jurisdiction after he or she attains 18 years of age; or

  • (B) Set a hearing under section 366.21, 366.22, 366.25, or 366.3 no more than six months from the date of the current hearing, for a child who will remain under juvenile court jurisdiction in a foster care placement.

  • (1) For a child who intends to remain under juvenile court jurisdiction as a nonminor dependent, as defined in section 11400(v), after attaining 18 years of age, the court must set a nonminor dependent status review hearing under rule 5.903 within six months from the date of the current hearing.

Cal. Rules of Court, rule 5.708. General review hearing requirements

  • An appeal of any order setting a hearing under section 366.26 is subject to the limitation stated in subdivision (l) of section 366.26 and must follow the procedures in rules 8.400-8.416.

  • The social worker must file the report at least 10 calendar days before the review hearing.

    The rule's wording

    At least 10 calendar days before the hearing, the social worker must file the report and provide copies to the parent or legal guardian and his or her counsel, to counsel for the child, to any CASA volunteer, and, in the case of an Indian child, to the child's identified Indian tribe.

Cal. Rules of Court, rule 5.715. Twelve-month permanency hearing

  • The court must set a permanency hearing within 12 months after the child enters foster care and no later than 18 months after the initial removal.

    The rule's wording

    The case of any dependent child whom the court has removed from the custody of the parent or legal guardian must be set for a permanency hearing within 12 months of the date the child entered foster care, as defined in section 361.49, and no later than 18 months from the date of the initial removal.

Cal. Rules of Court, rule 5.725. Selection of permanent plan (§§ 366.24, 366.26, 727.3, 727.31)

  • At least 10 calendar days before the hearing, the petitioner must file the assessment

Cal. Rules of Court, rule 5.726. Prospective adoptive parent designation (§§ 366.26(n), 16010.6)

  • (E) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the request for prospective adoptive parent designation.

Cal. Rules of Court, rule 5.727. Proposed removal (§ 366.26(n))

  • (2) A request for hearing on the proposed removal must be made within five court or seven calendar days from the date of notification, whichever is longer. If service of the notification is by mail, time to request a hearing is extended by five calendar days. If service of the notification is by electronic means, time to request a hearing is extended in accordance with Code of Civil Procedure section 1010.6.

  • (C) The matter may be set for hearing more than five court days after the objection is filed if this delay is necessary to allow participation by the child's identified Indian tribe or the child's Indian custodian.

  • (B) If the court for good cause is unable to set the matter for hearing five court days after the petition is filed, the court must set the matter for hearing as soon as possible.

  • (A) The hearing must be set as soon as possible and not later than five court days after the objection is filed with the court.

Cal. Rules of Court, rule 5.728. Emergency removal (§ 366.26(n))

  • (6) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the proposed removal.

  • (B) If the court for good cause cannot set the matter for hearing within five court days after the petition objecting to removal is filed, the court must set the matter for hearing as soon as possible.

  • (C) The matter may be set for hearing more than five court days after the petition objecting to removal is filed if this delay is necessary to allow participation by the child's identified Indian tribe or the child's Indian custodian.

  • (4) Proof of Notice Under Section 366.26(n) (form JV-326) must be filed with the court before the hearing on the emergency removal.

  • (A) The hearing must be set as soon as possible and not later than five court days after the petition objecting to removal is filed with the court.

Cal. Rules of Court, rule 5.752. Initial hearing; detention hearings; time limit on custody; setting jurisdiction hearing

  • If the child willfully misrepresents the child's age to be 18 years or older, and this misrepresentation causes an unavoidable delay in investigation that prevents the filing of a petition or of a criminal complaint within 48 hours, excluding noncourt days, after the child has been taken into custody, the child must be released unless a petition or complaint has been filed within 48 hours, excluding noncourt days, from the time the true age is determined.

  • (1) The child has been taken into custody on a warrant or by the authority of the probation officer;

  • A child must be released from custody within 48 hours, excluding noncourt days, after first being taken into custody unless a petition or notice of probation violation has been filed either within that time or before the time the child was first taken into custody.

  • If the child is not taken into custody and the authorized petitioner (district attorney or probation officer) determines that a petition or notice of probation violation concerning the child should be filed, the petition or notice must be filed with the clerk of the juvenile court as soon as possible.

  • (1) The child is alleged to have committed a felony;

  • A child must be released from custody within 48 hours, excluding noncourt days, after certification to juvenile court under rules 4.116 and 5.516(d) unless a petition has been filed.

  • (1) The child was taken into custody in another county and transported in custody to the requesting county;

  • (2) The child is not on probation or parole and is alleged to have committed a misdemeanor not involving violence, the threat of violence, or the possession or use of a weapon.

  • When the child has not been taken into custody and the authorized petitioner determines a petition or notice of probation violation should be filed, the clerk must set an initial hearing on the petition within 15 court days.

    The rule's wording

    If the child is not taken into custody and the authorized petitioner (district attorney or probation officer) determines that a petition or notice of probation violation concerning the child should be filed, the petition or notice must be filed with the clerk of the juvenile court as soon as possible. The clerk must set an initial hearing on the petition within 15 court days.
  • (3) The child is a ward temporarily placed in a secure facility pending a change of placement.

  • (2) The child is alleged to have committed a misdemeanor involving violence, the threat of violence, or the possession or use of a weapon; or

  • (2) The child was ordered transported in custody when transferred by the juvenile court of another county under rule 5.610; or

  • (3) The child is a ward currently on probation or parole.

  • A child taken into custody for a violation of a written condition of home supervision, which the child has promised in writing to obey under section 628.1 or 636, must be brought before the court for a detention hearing as soon as possible, but no later than 48 hours, excluding noncourt days, after the child was taken into custody.

  • If the detention hearing is not commenced within the time limits, the child must be released immediately, or, if the child is a ward under section 602 awaiting a change of placement, the child must be placed in a suitable, nonsecure facility.

Cal. Rules of Court, rule 5.762. Detention rehearings

  • The clerk must set the rehearing within 24 hours of the filing of the affidavit, excluding noncourt days.

Cal. Rules of Court, rule 5.770. Conduct of transfer of jurisdiction hearing under section 707

  • A petition for review by extraordinary writ of the specified denial must be filed no later than 20 days after the judge’s order is entered or the referee’s order becomes final under rule 5.540(c).

    The rule's wording

    Any petition for review of a judge's order denying a motion to transfer jurisdiction of the child to the criminal court, or denying an application for rehearing of the referee's determination not to transfer jurisdiction of the child to the criminal court, must be filed no later than 20 days after the judge's order is entered, or the referee's order becomes final under rule 5.540(c).
  • If a notice of appeal is timely filed, the court must prepare and submit the record to the Court of Appeal within 20 days.

  • A notice of appeal must be filed within 30 days of the order transferring jurisdiction or 30 days after the referee's order becomes final under rule 5.540(c) or after the denial of an application for rehearing of the referee's decision to transfer jurisdiction of the youth to the criminal court.

Cal. Rules of Court, rule 5.774. Setting petition for hearing-detained and nondetained cases; waiver of hearing

  • Absent a continuance under rule 5.776, when a jurisdiction hearing is not begun within the time limits of (a) and (b), the court must order the petition dismissed.

  • If the child is not detained, the jurisdiction hearing on the petition must begin within 30 calendar days from the date the petition is filed.

  • Any period of delay caused by the child's unavailability or failure to appear must not be included in computing the time limits of (a) and (b).

  • If the child is detained, the jurisdiction hearing on the petition must begin within 15 judicial days from the date of the order of the court directing detention.

  • If the child is released from detention before the jurisdiction hearing, the court may reset the jurisdiction hearing within the time limit in (a).

Cal. Rules of Court, rule 5.785. General conduct of hearing

  • The probation officer must submit the social study and copies to the clerk at least 48 hours before the disposition hearing begins.

    The rule's wording

    (2) The probation officer must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys.
  • (1) The plan must be completed and filed with the court by the date of disposition or within 60 calendar days of initial removal, whichever occurs first.

Cal. Rules of Court, rule 5.800. Deferred entry of judgment

  • Before the date of the progress hearing, if the child is found to have committed a misdemeanor offense or more than one misdemeanor offense on a single occasion, the court may schedule a hearing within 15 court days.

  • Although the date set may be any time within the following 36 months, consideration of dismissal of the petition may not occur until at least 12 months have passed since the court granted the deferred entry of judgment.

  • Before the progress-hearing date, on the court's own motion or upon the specified declaration or qualifying offense finding, the court must schedule a hearing within 10 court days.

    The rule's wording

    Before the date of the progress hearing, on the court's own motion, or if the court receives a declaration from the probation department or the prosecuting attorney alleging that the child has not complied with the conditions imposed or that the conditions are not benefiting the child, or if the child is found to have committed a felony offense or two or more misdemeanor offenses on separate occasions, the court must schedule a hearing within 10 court days.
  • The probation report must be submitted to the court, the child, the prosecuting attorney, and the child's attorney at least 48 hours, excluding noncourt days, before the hearing.

  • If the child is found to have committed a felony offense or two or more misdemeanor offenses on separate occasions, the court must schedule a disposition hearing within 10 court days.

  • Before filing a petition alleging a felony offense, or as soon as possible after filing, the prosecuting attorney must review the child's file to determine if the requirements of (a) are met.

Cal. Rules of Court, rule 5.804. Commitment to secure youth treatment facility

  • The proposed plan must be filed with the court and a copy of the plan must be provided to the prosecuting attorney, the youth, and counsel for the youth at least 5 calendar days before the hearing.

  • The court must approve a plan for the youth no later than 30 court days after the order of commitment.

  • The court must set a hearing to review and approve the plan no later than 30 court days from the date of the commitment order.

  • The court must set a progress review hearing no later than six months from the date of the commitment order to evaluate the youth's progress in relation to the rehabilitation plan and to determine whether the baseline term of confinement is to be modified.

Cal. Rules of Court, rule 5.810. Reviews, hearings, and permanency planning

  • At least 10 calendar days before each hearing, the probation officer must file the report

Cal. Rules of Court, rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451, 727.2(i)-(j), 778; Pen. Code, § 236.14)

  • At least 10 calendar days before the hearing, the probation officer must submit a report to the court that includes information regarding:

Cal. Rules of Court, rule 5.813. Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§ 450, 451)

  • At least 10 calendar days before the hearing, the probation officer must submit a report to the court that includes information regarding:

  • For a child who comes within section 450(a), the status review hearing must be set within six months of the last hearing held under section 727.2 or 366.31.

    The rule's wording

    (1) An order modifying the court's jurisdiction over the child from delinquency to transition jurisdiction and setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 366.31.
  • (2) Proof of service of notice must be filed by the probation officer at least five court days before the hearing.

Cal. Rules of Court, rule 5.814. Modification to transition jurisdiction for a ward older than 17 years, 5 months of age and younger than 18 years of age (§§ 450, 451)

  • An order setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 727.3.

  • At least 10 calendar days before the hearing, the probation officer must submit a report to the court that includes information regarding:

Cal. Rules of Court, rule 5.830. Sealing records (§ 781)

  • (ii) Set the matter for a hearing, which may be nonappearance; and

  • (i) File the petition;

  • (iii) Notify the prosecuting attorney

Cal. Rules of Court, rule 5.850. Sealing of records by probation in diversion cases (§ 786.5)

  • The probation department must file the petition with the juvenile court in the county that issued the notice within 30 days of receiving it.

  • When the probation department determines that the program was not satisfactorily completed, the person may seek court review within 60 days of that determination.

    The rule's wording

    If the probation department determines that the program has not been completed satisfactorily, it must notify the person in writing of the reason or reasons for not sealing the record and provide the person with a copy of the Petition to Review Denial of Sealing of Records After Diversion Program (form JV-598) or similar local form to allow the person to seek court review of the probation department's determination within 60 days of making that determination.
  • The petition must be provided to the probation department within 60 days of the date the notice from the probation department was sent, and must include a copy of that notice.

  • Within 60 days of the satisfactory completion of a program subject to this rule, the probation department must notify the person in writing that his or her records have been sealed.

Cal. Rules of Court, rule 5.860. Prosecuting attorney request to access sealed juvenile case files

  • If a written response is filed no more than 10 days after the date the notice was issued and no appearance has been requested, the clerk of the court must provide that response to the juvenile court for its consideration as it reviews the prosecuting attorney's request.

  • If a response is filed no more than 10 days after the date the notice was issued and an appearance is requested, the clerk of the court must set a hearing and provide notice of the hearing to the person with the sealed record, the attorney of record for that person, and the prosecuting attorney who filed the request.

  • Without an appearance request, the court must make its initial order within 21 court days after the access request is filed.

    The rule's wording

    The court must make its initial order within 21 court days of when the request is filed, unless an appearance has been requested under subdivision (c)(2), in which case the court must act within five court days of the date set for the appearance.

Cal. Rules of Court, rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31)

  • The social worker or probation officer must file the hearing report and plan at least 10 calendar days before the hearing.

    The rule's wording

    The social worker or probation officer must file with the court the report prepared for the hearing and the Transitional Independent Living Case Plan at least 10 calendar days before the hearing, and provide copies of the report and other documents to the nonminor dependent, all attorneys of record, and for the nonminor dependent who has elected to have the Indian Child Welfare Act continue to apply, the tribal representative.
  • Proof of service of notice must be filed by the social worker or probation officer at least five court days before the hearing.

Cal. Rules of Court, rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)

  • The form JV-466 and, if submitted, the form JV-468 must be filed immediately upon receipt by the clerk of the juvenile court of general jurisdiction.

  • At least two court days before the hearing, the social worker, probation officer, or tribal case worker must file the report and any supporting documentation with the court and provide a copy to the nonminor and to the nonminor's attorney of record; and

  • Enter an order terminating the appointment of the attorney appointed by the court to represent the nonminor, effective seven calendar days after the hearing; and

  • Order the social worker, probation officer, or tribal case worker to develop with the nonminor and file with the court within 60 days a new Transitional Independent Living Case Plan;

  • To ensure receipt of the original form JV-466 and, if submitted, the form JV-468 by the court of general jurisdiction within five court days as required in section 388(e), the court clerk must forward those originals to the clerk of the court of general jurisdiction within two court days of submission of the originals by the nonminor.

  • Within two court days of the issuance of the order directing the court clerk to do so, the court clerk must set a hearing on the juvenile court's calendar within 15 court days from the date the form JV-466 was filed with the court of general jurisdiction.

  • The court clerk must record the date and time received on the face of the originals submitted and provide a copy of the originals marked as received to the nonminor at no cost to the nonminor.

  • Enter an order terminating the appointment of the attorney appointed by the court to represent the nonminor, effective seven calendar days after the hearing.

  • The clerk must notify appointed counsel of the appointment as soon as possible and no later than one court day after the appointment order is issued.

    The rule's wording

    In addition to complying with the requirements in (g)(1) for service of notice of the hearing, the juvenile court clerk must notify the attorney of the appointment as soon as possible, but no later than one court day from the date the order of appointment was issued under (d)(3).
  • If the nonminor files form JV-466, the clerk must notify the placing agency and provide the nonminor’s contact information within two court days after filing.

    The rule's wording

    If form JV-466 is filed by the nonminor, within two court days of its filing with the clerk of the court in the county of general jurisdiction, the clerk of that court must notify the placing agency that was supervising the nonminor when juvenile court jurisdiction was terminated that the nonminor has filed form JV-466 and provide the placing agency with the nonminor's contact information.
  • Set a nonminor dependent status review hearing under rule 5.903 within the next six months; and

  • If JV-466 has not been filed when the voluntary reentry agreement is completed, the placing agency must file it within 15 court days after signing unless the nonminor files it sooner.

    The rule's wording

    If form JV-466 has not been filed at the time the nonminor completes the voluntary reentry agreement described in section 11400(z), the placing agency must file form JV-466 on the nonminor's behalf within 15 court days of the date the voluntary reentry agreement was signed, unless the nonminor files form JV-466 prior to the expiration of the 15 court days.
  • Within three court days of the filing of form JV-466 with the clerk of the juvenile court of general jurisdiction, a juvenile court judicial officer must review the form JV-466 and determine whether a prima facie showing has been made that the nonminor meets all of the criteria set forth below in (d)(1)(A)-(D) and enter an order as set forth in (d)(2) or (d)(3).

Cal. Rules of Court, rule 7.5. Waivers of court fees in decedents' estates, conservatorships, and guardianships

  • Discharge of personal representatives of decedents' estates and discharge of conservators or guardians of estates.

  • Termination of the proceedings by order of court or under operation of law in conservatorships and guardianships of the person;

Cal. Rules of Court, rule 7.204. Duty to apply for order increasing bond

  • Immediately upon the occurrence of facts making it necessary or appropriate to increase the amount of the bond, the personal representative, or the guardian or conservator of the estate, must make an ex parte application for an order increasing the bond.

  • If the personal representative, guardian, or conservator has not already applied, their attorney must apply ex parte immediately upon learning that the bond needs to be increased.

    The rule's wording

    If the personal representative, or the guardian or conservator of the estate, has not already made application under (a), the attorney for the personal representative, or the attorney for the guardian or conservator of the estate, must make the ex parte application immediately upon becoming aware of the need to increase bond.

Cal. Rules of Court, rule 7.206. Bond upon sale of real property

  • If a bond or additional bond is required in an order confirming sale of real estate, the court must not file the order until the additional bond is filed.

Cal. Rules of Court, rule 7.575. Accounting of conservators and guardians

  • Unless waived by the court under Probate Code section 2628, a conservator or guardian of the estate must file accountings in the frequency, manner, and circumstances specified in Probate Code section 2620.

  • The court may order accountings to be filed more frequently than required by the statute.

Cal. Rules of Court, rule 7.752. Court may order accounting before allowing compensation

  • The court may order a guardian or conservator to file an accounting before or when a compensation petition is filed or heard.

    The rule's wording

    Notwithstanding the time period after which a petition may be filed for an allowance of compensation to a guardian, conservator, or an attorney for a guardian or conservator, the court may order the guardian or conservator to file an accounting before or at the time a petition for an allowance of compensation is filed or heard.

Cal. Rules of Court, rule 7.801. Objections and responses

  • If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.

Cal. Rules of Court, rule 7.950.5. Petition for expedited approval of compromise of claim or action or disposition of proceeds of judgment for minor or person with a disability

  • (A) A hearing is requested by the petitioner at the time the petition is filed;

  • (3) If the court decides not to grant a petition for expedited approval in full as requested, it must schedule a hearing and give notice of its intended ruling and the date, time, and place of the hearing to the petitioner and all other interested parties within the time provided in (2).

  • The court may schedule a hearing on its own motion, but must make that election and notify the petitioner and all other interested parties of the election and hearing details within 25 days after filing.

    The rule's wording

    (2) The court may, on its own motion, elect to schedule and conduct a hearing on a petition for expedited approval. The court must make its election to schedule the hearing and must give notice of its election and the date, time, and place of the hearing to the petitioner and all other interested parties not more than 25 days after the date the petition is filed.
  • A petition for expedited approval must be determined by the court not more than 35 days after it is filed, unless a hearing is requested, required, or scheduled under (c), or the time for determination is extended for good cause by order of the court.

Cal. Rules of Court, rule 7.953. Order for the deposit of funds of a minor or a person with a disability

  • When the court orders funds received by a minor or person with a disability deposited and withheld from disbursement without further court order, the order must provide that the financial institution’s receipt acknowledging the funds and deposit order be promptly filed with the court.

    The rule's wording

    In any case in which the court orders that funds to be received by a minor or a person with a disability must be deposited in a financial institution and not disbursed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for deposit of funds.

Cal. Rules of Court, rule 7.1002. Acknowledgment of receipt of Duties of Guardian

  • Before the court issues letters, each guardian must execute and file an acknowledgment of receipt of the Duties of Guardian (form GC-248).

Cal. Rules of Court, rule 7.1003. Confidential guardianship status report form

  • Each guardian required by the court to complete, sign, and file the status report authorized by Probate Code section 1513.2 must file the completed and signed report no later than one month after the anniversary of the date of the order appointing him or her as guardian.

Cal. Rules of Court, rule 7.1013. Change of ward’s residence (Prob. Code, §2352)

  • (1) A guardian of the person must file a notice of any change of the ward’s residence with the court no more than 30 days after the date of the change.

  • Before a proposed change of residence, the guardian of the person must deliver notice at least 15 days in advance, unless an emergency requires a shorter period.

    The rule's wording

    (1) Unless an emergency requires a shorter notice period a guardian of the person must deliver notice of an intended change of the ward’s residence to each person listed below at least 15 days before the date of the proposed change and then file the original notice form and proof of delivery with the court.

Cal. Rules of Court, rule 7.1051. Acknowledgment of receipt of Duties of Conservator

  • Before the court issues letters, each conservator must execute and file an acknowledgment of receipt of the Duties of Conservator and Acknowledgment of Receipt of Handbook (form GC-348).

Cal. Rules of Court, rule 7.1063. Change of conservatee’s residence; determination of level of care (Prob. Code, §§ 2352, 2352.5)

  • A conservator of the person must file a notice of any change of the conservatee’s residence with the court no more than 30 days after the date of the change.

Cal. Rules of Court, rule 7.1105. Certification of attorney qualifications

  • Before first availability for appointment under Probate Code section 1470 or 1471, an attorney must certify to the court that the attorney:

  • An appointed attorney must notify the court in writing within five court days of any disciplinary action taken against the attorney by the State Bar of California.

  • To remain eligible for appointment under Probate Code section 1470 or 1471, an attorney who has submitted an initial certification must certify to the court, no later than March 31 of each following year, that:

Cal. Rules of Court, rule 7.2210. General provisions

  • The court may grant the motion without a hearing or, if timely opposition is filed, set a hearing on the motion, and provide at least five court days’ notice to all parties.

  • The extensions of time in Code of Civil Procedure sections 1010.6 and 1013 apply to motions under section 5976.5(e).

  • Any opposition to the motion must be filed within 10 court days of the date of service in (2).

Cal. Rules of Court, rule 7.2240. Joinder of local government entity (§ 5977.1(d)(4))

  • (2) Set the hearing on the order to show cause no fewer than 15 calendar days after the date of the order's issuance.

Cal. Rules of Court, rule 8.20. California Rules of Court prevail

  • A Court of Appeal must accept for filing a record, brief, or other document that complies with the California Rules of Court despite any local rule imposing other requirements.

Cal. Rules of Court, rule 8.25. Service, filing, and filing fees

  • The clerk must retain in the case file the envelope in which the document was received.

  • (B) Its delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.

  • Unless otherwise provided by these rules or other law, a filing is not timely unless the clerk receives the document before the time to file it expires.

  • (A) Its mailing by priority or express mail as shown on the postmark or the postal receipt;

  • A document is deemed filed on the date the clerk receives it.

  • If the clerk receives a document by mail from an inmate or a patient in a custodial institution after the period for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing within the period for filing the document, the document is deemed timely.

  • When the fee or waiver application is missing from a document other than a notice of appeal or petition for a writ, the filer must cure the omission within the stated period, which must be at least 5 court days after the notice is sent.

    The rule's wording

    If a document other than the notice of appeal or a petition for a writ is not accompanied by the filing fee or an application for a waiver of court fees under rule 8.26, the clerk must file the document and must promptly notify the filing party in writing that the court may strike the document unless, within the stated time of not less than 5 court days after the notice is sent, the filing party either:

Cal. Rules of Court, rule 8.26. Waiver of fees and costs

  • (B) A party other than the petitioner should submit any application for initial waiver of the court fees and costs at the time the fees for filing its first document in the proceeding are to be paid to the Supreme Court.

  • (A) The petitioner should submit the application for waiver of the court fees and costs for a writ proceeding with the writ petition.

  • The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after the application is filed.

  • (A) The appellant should submit any application for initial waiver of court fees and costs for an appeal with the notice of appeal in the superior court that issued the judgment or order being appealed. For purposes of this rule, a respondent who files a notice of cross-appeal is an "appellant."

  • (A) The petitioner should submit the application for waiver of the court fees and costs for a petition for review in the Supreme Court with the petition.

  • If an application is denied, the applicant must pay the court fees and costs or submit the new application or additional information requested by the court within 10 days after the clerk gives notice of the denial.

  • (B) A party other than the appellant should submit any application for initial waiver of the court fees and costs for an appeal at the time the fees are to be paid to the court.

  • (B) A party other than the petitioner should submit any application for initial waiver of the court fees and costs at the time the fees for filing its first document in the writ proceeding are to be paid to the reviewing court.

Cal. Rules of Court, rule 8.32. Address and other contact information of record; notice of change

  • An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the reviewing court in which the case is pending.

Cal. Rules of Court, rule 8.46. Sealed records

  • and any other party may serve and file a response within 5 days after an opposition is filed.

  • If the lodging party does not notify the court within 10 days of the order, the clerk must (1) return the lodged record to the lodging party if it is in paper form, or (2) permanently delete the lodged record if it is in electronic form.

  • If the court denies the motion or application to seal the record, the party who filed the motion or application may notify the court that the unredacted version lodged under (B) is to be filed unsealed. This notification must be received within 10 days of the order denying the motion or application to seal, unless otherwise ordered by the court.

  • If the party who filed the motion or application does not notify the court within 10 days of the order, the clerk must (1) return the lodged unredacted version to the lodging party if it is in paper form, or (2) permanently delete the lodged unredacted version if it is in electronic form.

  • If the court denies the motion or application to seal the record, the lodging party may notify the court that the lodged record is to be filed unsealed. This notification must be received within 10 days of the order denying the motion or application to seal, unless otherwise ordered by the court.

  • Unless otherwise ordered by the court, any party may serve and file an opposition within 10 days after the notice is sent,

Cal. Rules of Court, rule 8.47. Confidential records

  • This notification must be received within 10 days of the order denying the motion or application to file the brief, petition, or other filing under seal, unless otherwise ordered by the court.

  • Within 10 days after the application is filed, the defendant may serve and file opposition to this application on the basis that the transcript or documents contain confidential material not relevant to the issues raised by the defendant in the reviewing court.

Cal. Rules of Court, rule 8.54. Motions

  • (3) Any opposition must be served and filed within 15 days after the motion is filed.

Cal. Rules of Court, rule 8.60. Extending time

  • The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules.

Cal. Rules of Court, rule 8.63. Policies and factors governing extensions of time

  • The time limits prescribed by these rules should generally be met to ensure expeditious conduct of appellate business and public confidence in the efficient administration of appellate justice.

Cal. Rules of Court, rule 8.66. Tolling or extending time because of public emergency

  • (1) Toll for up to 30 days or extend by no more than 30 days any time periods specified by these rules;

  • If made necessary by the nature or extent of the public emergency, with or without a request, the Chair of the Judicial Council may renew an order issued under this rule prior to its expiration. An order may be renewed for additional periods not to exceed 30 days per renewal.

  • (2) Authorize specified courts to toll for up to 30 days or extend by no more than 30 days any time periods specified by these rules.

Cal. Rules of Court, rule 8.68. Shortening time

  • For good cause and except as these rules provide otherwise, the Chief Justice or presiding justice may shorten the time to do any act required or permitted under these rules.

Cal. Rules of Court, rule 8.71. Electronic filing

  • Filing a document electronically does not alter any filing deadline.

Cal. Rules of Court, rule 8.72. Responsibilities of court and electronic filer

  • (2) If the court is aware of a problem that impedes or precludes electronic filing, it must promptly take reasonable steps to provide notice of the problem.

Cal. Rules of Court, rule 8.73. Contracts with electronic filing service providers

  • An electronic filing service provider must promptly send to an electronic filer its confirmation of the receipt of any document that the filer has transmitted to the provider for filing with the court.

  • An electronic filing service provider must promptly transmit any electronic filing and any applicable filing fee to the court.

  • After reviewing the documents, the court must arrange to promptly transmit confirmation of filing or notice of rejection to the electronic filer in accordance with rule 8.77.

Cal. Rules of Court, rule 8.75. Requirements for signatures on documents

  • Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties.

Cal. Rules of Court, rule 8.77. Actions by court on receipt of electronically submitted document; date and time of filing

  • Without receipt and filing confirmation, there is no presumption that the court received and filed the document, and the electronic filer must verify receipt and filing.

    The rule's wording

    In the absence of confirmation of receipt and filing, there is no presumption that the court received and filed the document. The electronic filer is responsible for verifying that the court received and filed any document that the electronic filer submitted to the court electronically.
  • If the electronically submitted document received by the court complies with filing requirements, the document is deemed filed on the date and time it was received by the court as stated in the confirmation of receipt.

  • A document that is received electronically by the court after 11:59 p.m. is deemed to have been received on the next court day.

  • If a filer fails to meet a filing deadline imposed by court order, rule, or statute because of a failure at any point in the electronic transmission and receipt of a document, the filer may file the document on paper or electronically as soon thereafter as practicable and accompany the filing with a motion to accept the document as timely filed.

  • For good cause shown, the court may enter an order permitting the document to be filed nunc pro tunc to the date the filer originally sought to transmit the document electronically.

Cal. Rules of Court, rule 8.79. Court order requiring electronic service

  • Any party may serve and file an opposition within 10 days after the notice is mailed or as the court specifies.

Cal. Rules of Court, rule 8.100. Filing the appeal

  • After the superior court clerk sends the deposit notice, the appellant has 15 days to make the deposit or file the specified waiver material.

    The rule's wording

    If the appellant fails to pay the deposit to the superior court required under (b)(2), the superior court clerk must promptly notify the appellant in writing that the reviewing court may dismiss the appeal unless, within 15 days after the notice is sent, the appellant either: (A) Makes the deposit; or (B) Files an application in the superior court for a waiver of fees and costs if the appellant has not previously filed such an application or an order granting such an application.
  • If the appellant misses the case-information-statement deadline, the clerk must provide written notice of a 15-day cure period and possible sanctions or dismissal.

    The rule's wording

    If the appellant fails to timely file a case information statement under (1), the reviewing court clerk must notify the appellant in writing that the appellant must file the statement within 15 days after the clerk's notice is sent and that if the appellant fails to comply, the court may either impose monetary sanctions or dismiss the appeal. If the appellant fails to file the statement as specified in the notice, the court may impose the sanctions specified in the notice.
  • Within 15 days after the reviewing court assigns the appeal a case number, the appellant must serve and file in the reviewing court a completed Civil Case Information Statement (form APP-004), attaching a copy of the judgment or appealed order that shows the date it was entered.

  • After a specified fee-related notice is sent, the appellant has 15 days to pay the fee or, if no prior application was filed, apply for a waiver.

    The rule's wording

    A clerk's notice under (1)(A) or (B) must state that the court may dismiss the appeal unless, within 15 days after the notice is sent, the appellant either: (A) Pays the fee; or (B) Files an application for a waiver under rule 8.26 if the appellant has not previously filed such an application.

Cal. Rules of Court, rule 8.104. Time to appeal

  • (1) The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5, or the date it is entered in the judgment book.

  • (1) A notice of appeal filed after judgment is rendered but before it is entered is valid and is treated as filed immediately after entry of judgment.

  • (A) 60 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;

  • (B) 60 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; or

  • (2) The entry date of an appealable order that is entered in the minutes is the date it is entered in the permanent minutes. But if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed; a written order prepared under rule 3.1312 or similar local rule is not such an order prepared by direction of a minute order.

  • (4) The entry date of a decree of distribution in a probate proceeding is the date it is entered at length in the judgment book or other permanent court record.

  • If a notice of appeal is filed late, the reviewing court must dismiss the appeal.

  • (3) The entry date of an appealable order that is not entered in the minutes is the date the signed order is filed.

  • If the parties stipulated in the trial court under Code of Civil Procedure section 1019.5 to waive notice of the court order being appealed, the time to appeal under (1)(C) applies unless the court or a party serves notice of entry of judgment or a filed-endorsed copy of the judgment to start the time period under (1)(A) or (B).

  • (2) The reviewing court may treat a notice of appeal filed after the superior court has announced its intended ruling, but before it has rendered judgment, as filed immediately after entry of judgment.

  • (C) 180 days after entry of judgment.

Cal. Rules of Court, rule 8.108. Extending the time to appeal

  • (A) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

  • (2) 90 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; or

  • (1) 90 days after the superior court clerk serves the party filing the notice of appeal with a document entitled "Notice of Entry" of judgment, or a filed-endorsed copy of the judgment, showing the date either was served;

  • This rule may extend, but not shorten, the appeal time prescribed by rule 8.104(a), and the longer rule 8.104(a) deadline governs.

    The rule's wording

    This rule operates only to extend the time to appeal otherwise prescribed in rule 8.104(a); it does not shorten the time to appeal. If the normal time to appeal stated in rule 8.104(a) is longer than the time provided in this rule, the time to appeal stated in rule 8.104(a) governs.
  • (A) If a party serves an acceptance of the additur or remittitur within the time for accepting the additur or remittitur, the time to appeal from the judgment is extended for all parties until 30 days after the date the party serves the acceptance.

  • (1) 30 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

  • (3) 180 days after entry of the appealable order.

  • When a new-trial motion based on excessive or inadequate damages is conditionally granted, all parties may appeal from the new-trial order until the earlier of 30 days after a timely rejection is served or 30 days after the acceptance period expires.

    The rule's wording

    (B) If a party serves a rejection of the additur or remittitur within the time for accepting the additur or remittitur or if the time for accepting the additur or remittitur expires, the time to appeal from the new trial order is extended for all parties until the earliest of 30 days after the date the party serves the rejection or 30 days after the date on which the time for accepting the additur or remittitur expired.
  • (2) 90 days after the first notice of intention to move-or motion-is filed; or

  • (C) 180 days after entry of judgment.

  • (3) 180 days after entry of judgment.

  • (2) 90 days after the first motion to reconsider is filed; or

  • (B) 30 days after denial of the motion by operation of law; or

  • (2) Unless extended by (g)(2), the time to appeal from an order denying a motion for judgment notwithstanding the verdict is governed by rule 8.104.

  • (1) 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 20 days after the superior court clerk serves notification of the first appeal.

  • (2) If an appellant timely appeals from an order granting a motion for new trial, an order granting-within 150 days after entry of judgment-a motion to vacate the judgment, or a judgment notwithstanding the verdict, the time for any other party to appeal from the original judgment or from an order denying a motion for judgment notwithstanding the verdict is extended until 20 days after the clerk serves notification of the first appeal.

Cal. Rules of Court, rule 8.112. Petition for writ of supersedeas

  • (1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.

Cal. Rules of Court, rule 8.121. Notice designating the record on appeal

  • Within 10 days after filing the notice of appeal, an appellant must serve and file a notice in the superior court designating the record on appeal.

Cal. Rules of Court, rule 8.122. Clerk's transcript

  • (A) The appellant deposits either the estimated cost of the clerk's transcript or a preexisting order granting a waiver of that cost; or

  • (B) To each party other than the appellant, notice of the estimated cost to prepare a copy of the clerk's transcript for that party's use.

  • If the superior court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after the notice designating the exhibit is served.

  • Unless otherwise provided by law, within 10 days after the clerk sends a notice under (1), the appellant and any party wanting to purchase a copy of the clerk's transcript must either deposit the estimated cost specified in the notice under (1) with the clerk or submit an application for, or an order granting, a waiver of the cost.

  • If the appellant does not submit a required deposit or an application for, or an order granting, a waiver of the cost within the required period, the clerk must promptly issue a notice of default under rule 8.140.

  • (A) To the appellant, notice of the estimated cost to prepare an original and one copy of the clerk's transcript; and

  • (B) The court grants an application submitted under (c)(3) to waive that cost.

  • Within 10 days after the appellant serves its notice designating a clerk's transcript, the respondent may serve and file a notice in superior court designating any additional documents the respondent wants included in the transcript.

  • If the appellant elects under rule 8.121 to proceed with a reporter's transcript, the clerk need not complete preparation of the transcripts required under (1) until 30 days after the appellant deposits the estimated cost of the reporter's transcript or one of the substitutes under rule 8.130(b).

Cal. Rules of Court, rule 8.123. Record of administrative proceedings

  • Except as provided in (d), if any administrative record is designated by a party, the superior court clerk must transmit the original administrative record, or electronic administrative record, with any clerk's or reporter's transcript sent to the reviewing court under rule 8.150.

  • The possessing party must comply with the request within 10 days after the notice was served.

  • If the appellant has elected under rule 8.121 to use neither a clerk's transcript nor a reporter's transcript, the superior court clerk must transmit any administrative record designated by a party to the reviewing court no later than 45 days after the respondent files a designation under (b)(2) or the time for filing it expires, whichever first occurs.

  • If the superior court has returned a designated administrative record to a party, the party in possession of the administrative record must make that record available to the other parties in the case for copying within 15 days after the notice designating the record on appeal is served and lodge the record with the clerk of the reviewing court at the time the last respondent's brief is due.

  • On request, the reviewing court may return an administrative record to the superior court or, if the record was lodged by a party under (d), to the lodging party.

  • If the possessing party sends the administrative record to the requesting party, that party must copy and return it to the possessing party within 10 days after receiving it.

  • If an appellant does not request that an administrative record admitted in evidence, refused, or lodged in the superior court be transmitted to the reviewing court, the respondent, within 10 days after the appellant serves its notice designating the record on appeal, may serve and file in the superior court a notice requesting that this administrative record be transmitted to the reviewing court.

  • When the remittitur issues, the reviewing court must return any administrative record to the superior court or, if the record was lodged by a party under (d), to the lodging party.

Cal. Rules of Court, rule 8.124. Appendixes

  • A joint appendix or an appellant's appendix must be served and filed before or together with the appellant's opening brief.

  • The possessing party must comply with the request within 10 days after the notice was served.

  • The respondent serves and files a notice in the superior court electing to use an appendix under this rule within 10 days after the appellant's notice designating the record on appeal is filed and no waiver of the fee for a clerk's transcript is granted to the appellant. If the appellant has a fee waiver, the respondent cannot elect an appendix instead of a clerk's transcript.

  • A respondent's appendix, if any, must be served and filed with the respondent's brief.

  • An appellant's reply appendix, if any, must be served and filed with the appellant's reply brief.

  • Unless the superior court orders otherwise on a motion served and filed within 10 days after the notice of election is served, this rule governs if:

Cal. Rules of Court, rule 8.128. Superior court file instead of clerk's transcript

  • Within 10 days after the appellant deposits the cost or the court files an order waiving that cost, the superior court clerk must put the superior court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

  • Within 10 days after a stipulation under (a) is filed, the superior court clerk must send the appellant an estimate of the cost to prepare the file, including the cost of sending the index under (3).

  • The appellant must deposit the cost or file an application for, or an order granting, a waiver of the cost within 10 days after the clerk sends the estimate.

  • If the appellant elected to proceed without a reporter's transcript, the clerk must immediately send the prepared file to the reviewing court.

Cal. Rules of Court, rule 8.130. Reporter's transcript

  • If the appellant fails to timely take one of the actions specified in (2) or the respondent fails to timely make the deposit or send the notice under (3), the superior court clerk must promptly issue a notice of default under rule 8.140.

  • The clerk must promptly notify the appellant in writing that, within 15 days after the notice is sent, the appellant must take one of the following actions or the court may dismiss the appeal:

  • Within 10 days after the notice is sent, the party may move in superior court to use a settled statement.

  • Within 30 days after notice is sent under (d)(2), the reporter must prepare and certify an original of the transcript and file it in superior court.

  • The party must deposit the additional sum within 10 days after the reporter sends the estimate.

  • If the respondent does not present the deposit under (b)(1) or a substitute under (b)(3) with its notice of designation or does not present an additional deposit required under (b)(2), the clerk must file the notice of designation and promptly issue a notice of default under rule 8.140.

  • If the reporter believes the deposit is inadequate, within 15 days after the clerk sends the notice under (d)(1) the reporter may file with the clerk and send to the designating party an estimate of the transcript's total cost at the statutory rate, showing the additional deposit required.

  • If the Court Reporters Board provisionally approves the application, the reporter's time to prepare the transcript under (f)(1) begins when the reporter receives notice of the provisional approval from the clerk under (d)(2).

  • Within 90 days after the respondent serves and files a copy of its application to the Court Reporters Board, the respondent must either file with the superior court a copy of the Court Reporters Board's provisional approval of the application or take one of the following actions:

  • If the party files a stipulation, within 30 days thereafter the party must file the agreed statement, move to use a settled statement under rule 8.137, or proceed without such a statement;

  • Within 90 days after the appellant serves and files a copy of its application to the Court Reporters Board, the appellant must either file with the superior court a copy of the Court Reporters Board's provisional approval of the application or take one of the following actions:

  • Within 10 days after the notice is sent, the party may file in superior court, under rule 8.134, an agreed statement or a stipulation that the parties are attempting to agree on a statement.

  • If the court grants the motion, the statement must be served, filed, and settled as rule 8.137 provides, but the order granting the motion must fix the times for doing so.

Cal. Rules of Court, rule 8.134. Agreed statement

  • If the appellant files the stipulation and the parties cannot agree on the statement, the appellant must file a new notice designating the record on appeal under rule 8.121 within 50 days after filing the notice of appeal.

  • An appellant intending to proceed under this rule must file either an agreed statement or a stipulation that the parties are attempting to agree on a statement in superior court with its notice designating the record on appeal under rule 8.121.

  • If the appellant files the stipulation and the parties can agree on the statement, the appellant must file the statement within 40 days after filing the notice of appeal.

Cal. Rules of Court, rule 8.137. Settled statement

  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (B) If the court denies the motion, the appellant must file a new notice designating the record on appeal under rule 8.121 within 10 days after the superior court clerk sends, or a party serves, the order of denial.

  • (1) If the respondent does not file a notice under (b)(4)(A) electing to provide a reporter's transcript in lieu of proceeding with a settled statement, the appellant must serve and file a proposed statement in superior court within 30 days after filing its notice under (b)(1) or within 30 days after the superior court clerk sends, or a party serves, an order granting a motion under (b)(2).

  • (1) If the trial court judge does not order the preparation of a transcript under (f)(2) in lieu of correcting the proposed statement or order any corrections or modifications to the proposed statement under (f)(3), (f)(4), or (g)(3), the judge must promptly certify the statement.

  • Within 20 days after the appellant serves the proposed statement, the respondent may serve and file either:

  • (A) Within 10 days after the appellant serves either a notice under (1) or a motion under (2), the respondent may serve and file a notice indicating that he or she is electing to provide a reporter's transcript in lieu of proceeding with a settled statement.

  • (2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • (1) No later than 10 days after the respondent files proposed amendments or the time to do so expires, whichever is earlier, a party may request a hearing to review and correct the proposed statement.

  • For reasons other than those listed in (b)(1), the appellant must file the motion to use a settled statement with the notice designating the record on appeal.

    The rule's wording

    (2) An appellant intending to proceed under this rule for reasons other than those listed in (1) must serve and file in superior court with its notice designating the record on appeal under rule 8.121 a motion to use a settled statement instead of a reporter's transcript.
  • If the respondent timely files the transcript request and makes the required deposit or files the waiver, the clerk must promptly send the reporter the notices described in rule 8.130(d).

    The rule's wording

    (B) If the respondent timely files the notice and makes the deposit or files the waiver as provided under (ii), the appellant's motion to use a settled statement will be dismissed and the clerk must promptly send the reporter notice of the designation and of the deposit, waiver, or both-and notice to prepare the transcript-as provided under rule 8.130(d).
  • No later than 10 days after the hearing, the trial court judge must either:

  • (3) Except as provided in (2), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions:

  • (3) Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the trial court judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties.

  • (3) Upon certification of the statement under (1) or receipt of a stipulation under (2), the certified statement must immediately be transmitted to the clerk for filing of the record under rule 8.150.

Cal. Rules of Court, rule 8.140. Failure to procure the record

  • the motion must be denied if the defaulting party cures the default within 15 days after the motion is served.

  • that it must do the act specified in the notice within 15 days after the notice is sent

Cal. Rules of Court, rule 8.147. Record in multiple or later appeals in same case

  • which must be filed within the time allowed for filing the record in the latest appeal.

Cal. Rules of Court, rule 8.150. Filing the record

  • On receiving the record, the reviewing court clerk must promptly file the original and send notice of the filing date to the parties.

  • When the record is complete, the superior court clerk must promptly send the original to the reviewing court and the copy to the appellant.

Cal. Rules of Court, rule 8.153. Lending the record

  • The borrowing party must return the copy of the record when it serves its brief or the time to file its brief has expired.

  • Within 20 days after the record is filed in the reviewing court, a party that has not purchased its own copy of the record may request another party, in writing, to lend it that party's copy of the record.

Cal. Rules of Court, rule 8.155. Augmenting and correcting the record

  • The clerk or reporter must comply with a notice under (1) within 10 days after it is filed.

Cal. Rules of Court, rule 8.200. Briefs by parties and amici curiae

  • (1) Within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier, any person or entity may serve and file an application for permission of the presiding justice to file an amicus curiae brief.

  • If no respondent’s brief is filed, the application is due within 34 days after the respondent’s brief could have been filed.

  • If no respondent’s brief is filed, the Attorney General must serve and file the amicus curiae brief within 34 days after the respondent’s brief could have been filed.

  • (6) If the court grants the application, any party may file an answer within the time the court specifies.

  • Within 15 days after such a brief is filed, any opposing party may serve and file a supplemental responding brief.

  • For good cause, the presiding justice may allow later filing.

  • The Attorney General must serve and file the brief within 14 days after the last appellant's reply brief is filed or could have been filed under rule 8.212, whichever is earlier.

  • (1) Within 15 days after finality of a Supreme Court decision remanding or order transferring a cause to a Court of Appeal for further proceedings, any party may serve and file a supplemental opening brief in the Court of Appeal.

  • Any party may serve and file an answer within 14 days after the brief is filed.

Cal. Rules of Court, rule 8.204. Contents and format of briefs

  • Order the brief returned for corrections and refiling within a specified time;

  • The reviewing court clerk may decline to file it, but must mark it "received but not filed" and return it to the party; or

  • Strike the brief with leave to file a new brief within a specified time; or

  • Disregard the noncompliance.

Cal. Rules of Court, rule 8.208. Certificate of Interested Entities or Persons

  • If the application is granted, the party must file the certificate under seal and without service within 10 days of the court's order granting the application.

  • A party that learns of changed or additional information that must be disclosed under (e) must promptly serve and file a supplemental certificate in the reviewing court.

  • If a party fails to file a certificate as required under (1), the clerk must notify the party in writing that the party must file the certificate within 15 days after the clerk's notice is sent and that if the party fails to comply, the court may impose one of the following sanctions:

  • Except as otherwise provided in this rule, if a party files a motion, an application, or an opposition to such motion or application in the Court of Appeal before filing its principal brief, the party must serve and file its certificate at the time it files the first such motion, application, or opposition and must include a copy of this certificate in the party's principal brief.

Cal. Rules of Court, rule 8.212. Service and filing of briefs

  • 70 days after the filing of a rule 8.124 election, if the appeal proceeds without a reporter's transcript.

  • A respondent must serve and file its brief within 30 days after the appellant files its opening brief.

  • 40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court;

  • An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.

  • A stipulation under (1) is effective on filing.

  • The clerk must file a brief submitted within that time if it otherwise complies with these rules.

Cal. Rules of Court, rule 8.216. Appeals in which a party is both appellant and respondent

  • (2) After receiving the proposal, the reviewing court must order a briefing sequence and prescribe briefing periods consistent with rule 8.212(a).

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

Cal. Rules of Court, rule 8.220. Failure to file a brief

  • If the extension is granted and the brief is not filed within the extended period, the court may impose the sanction under (c) without further notice.

  • A party that is both an appellant and a respondent under rule 8.216 may file its combined respondent's brief and appellant's reply brief within the period specified in the notice under (a).

  • If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party in writing that the brief must be filed within 15 days after the notice is sent and that if the party fails to comply, the court may impose one of the following sanctions:

  • If a party fails to file the brief as specified in a notice under (a), the court may impose the sanction specified in the notice.

Cal. Rules of Court, rule 8.224. Transmitting exhibits

  • Within 10 days after the last respondent's brief is filed or could be filed under rule 8.220, a party wanting the reviewing court to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.122 or the appendix under rule 8.124 must serve and file a notice in superior court designating such exhibits.

  • The superior court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the reviewing court.

  • Any party in possession of designated exhibits returned by the superior court must put them into numerical or alphabetical order and send them to the reviewing court.

  • Within 10 days after a notice under (1) is served, any other party wanting the reviewing court to consider additional exhibits must serve and file a notice in superior court designating such exhibits.

Cal. Rules of Court, rule 8.240. Calendar preference

  • A party seeking calendar preference must promptly serve and file a motion for preference in the reviewing court.

Cal. Rules of Court, rule 8.244. Settlement, abandonment, voluntary dismissal, and compromise

  • If the appellant does not file an abandonment, a request to dismiss, or a letter stating good cause why the appeal should not be dismissed within the time period specified under (3), the court may dismiss the appeal as to that appellant and order each side to bear its own costs on appeal.

  • If a civil case settles after a notice of appeal has been filed either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the Court of Appeal.

  • Within 45 days after filing a notice of settlement-unless the court has ordered a longer time period on a showing of good cause-the appellant who filed the notice of settlement must file either an abandonment under (b), if the record has not yet been filed in the Court of Appeal, or a request to dismiss under (c), if the record has already been filed in the Court of Appeal.

Cal. Rules of Court, rule 8.248. Prehearing conference

  • The time to file a party's brief under rule 8.212(a) is tolled from the date the Court of Appeal sends notice of the conference until the date it sends notice that the conference is concluded.

Cal. Rules of Court, rule 8.254. New Authorities

  • The letter must be served and filed before the court files its opinion and as soon as possible after the party learns of the new authority.

Cal. Rules of Court, rule 8.264. Filing, finality, and modification of decision

  • (B) The dismissal of an appeal on request or stipulation.

  • (1) A reviewing court may modify a decision until the decision is final in that court.

  • The Court of Appeal clerk must promptly file all court opinions and orders.

    The rule's wording

    (1) The clerk/executive officer of the Court of Appeal must promptly file all opinions and orders of the court and promptly send copies showing the filing date to the parties and, when relevant, to the lower court or tribunal.
  • If a consent is filed, the finality period runs from the filing date of the consent.

  • (A) The denial of a petition for writ of supersedeas;

  • (1) Except as otherwise provided in this rule, a Court of Appeal decision in a civil appeal, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.

  • If a Court of Appeal decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (b), the party serves and files a copy of a consent in the Court of Appeal.

  • A modification that does not change the appellate judgment does not extend the finality date of the decision.

  • If a modification changes the appellate judgment, the finality period runs from the filing date of the modification order.

  • If the office of the clerk/executive officer is closed on the date of finality, the court may modify the decision on the next day the office is open.

  • (3) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

Cal. Rules of Court, rule 8.268. Rehearing

  • If the clerk's office is closed on the date of finality, the court may file the order on the next day the clerk's office is open.

  • The time for granting or denying a petition for rehearing in the Court of Appeal may not be extended.

  • (C) A modification order changing the appellate judgment under rule 8.264(c)(2); or

  • (A) The filing of the decision;

  • Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise.

  • An order for rehearing must be filed before the decision is final.

  • (D) The filing of a consent under rule 8.264(d).

  • Before the decision is final and for good cause, the presiding justice may relieve a party from a failure to file a timely petition or answer.

  • (B) A publication order restarting the finality period under rule 8.264(b)(3), if the party has not already filed a petition for rehearing;

  • If the court does not rule on the petition before the decision is final, the petition is deemed denied.

Cal. Rules of Court, rule 8.272. Remittitur

  • The clerk/executive officer of the Court of Appeal must issue a remittitur immediately after the Supreme Court denies review, or the period for granting review expires, or the court dismisses review under rule 8.528(b); and

  • A Court of Appeal must issue a remittitur after a decision in an appeal.

  • On a party's or its own motion or on stipulation, and for good cause, the court may stay a remittitur's issuance for a reasonable period or order its recall.

  • The remittitur is deemed issued when the clerk/executive officer enters it in the record.

  • On receiving the Supreme Court remittitur, the clerk/executive officer of the Court of Appeal must issue a remittitur immediately if there will be no further proceedings in the Court of Appeal; and

  • A Court of Appeal may direct immediate issuance of a remittitur only on the parties' stipulation or on dismissal of the appeal under rule 8.244(c)(2).

Cal. Rules of Court, rule 8.276. Sanctions

  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent. An opposition may not be filed unless the court sends such notice.

  • (2) If a party files a motion for sanctions with a motion to dismiss the appeal and the motion to dismiss is not granted, the party may file a new motion for sanctions within 10 days after the appellant's reply brief is due.

  • A party must file a motion for sanctions before any order dismissing the appeal and no later than 10 days after the appellant's reply brief is due.

    The rule's wording

    (1) A party's motion under (a) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.

Cal. Rules of Court, rule 8.278. Costs on appeal

  • Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700.

  • If the clerk/executive officer fails to enter judgment for costs, the court may recall the remittitur for correction on its own motion, or on a party's motion made not later than 30 days after the remittitur issues.

Cal. Rules of Court, rule 8.304. Filing the appeal; certificate of probable cause

  • Within 20 days after the defendant files a written statement under Penal Code section 1237.5, the superior court must sign and file either a certificate of probable cause or an order denying the certificate.

Cal. Rules of Court, rule 8.308. Time to appeal

  • If the defendant or the People timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 30 days after the superior court clerk sends notification of the first appeal, whichever is later.

  • A notice of appeal filed before the judgment is rendered or the order is made is premature, but the reviewing court may treat the notice as filed immediately after the rendition of judgment or the making of the order.

  • The superior court clerk must mark a late notice of appeal "Received [date] but not filed," notify the party that the notice was not filed because it was late, and send a copy of the marked notice of appeal to the district appellate project.

  • Except as provided in (b) or as otherwise provided by law, a notice of appeal and any statement required by Penal Code section 1237.5 must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.

  • Except as provided in rule 8.66, no court may extend the time to file a notice of appeal.

Cal. Rules of Court, rule 8.316. Abandoning the appeal

  • An appellant may abandon the appeal at any time by filing an abandonment of the appeal signed by the appellant or the appellant's attorney of record.

Cal. Rules of Court, rule 8.324. Application in superior court for addition to normal record

  • The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.

  • Within five days after the application is filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant.

  • The clerk must immediately present the application to the trial judge.

Cal. Rules of Court, rule 8.336. Preparing, certifying, and sending the record

  • (1) Except as provided in (a) or (b), the reporter must begin preparing the reporter's transcript immediately on being notified by the clerk under rule 8.304(c)(1) that the notice of appeal has been filed.

  • (2) Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original and two copies of the clerk's transcript, one for defendant's counsel and one for the Attorney General or the district attorney, whichever is the counsel for the People on appeal.

  • In an appeal under rule 8.304(b)(1), the time to prepare, certify, and file the record begins when the court files a certificate of probable cause under rule 8.304(b)(2).

  • (1) The reporter and the clerk must begin preparing the record immediately after a verdict or finding of guilt of a felony is announced following a trial on the merits, unless the judge determines that an appeal is unlikely under (2).

  • (5) In a multireporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (3) even if other portions are uncompleted.

  • (3) The reporter must deliver the original and all copies to the superior court clerk as soon as they are certified, but no later than 20 days after the notice of appeal is filed.

  • (1) Except as provided in (a) or (b), the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.

Cal. Rules of Court, rule 8.344. Agreed statement

  • within 25 days after filing the notice of appeal.

Cal. Rules of Court, rule 8.346. Settled statement

  • The parties must comply with the relevant provisions of rule 8.137, but the applicant must deliver a proposed statement to the judge for settlement within 30 days after it is ordered, unless the reviewing court extends the time.

  • As soon as a party learns that any portion of the oral proceedings cannot be transcribed, the party may serve and file in superior court an application for permission to prepare a settled statement.

  • The judge must rule on the application within five days after it is filed.

Cal. Rules of Court, rule 8.360. Briefs by parties and amici curiae

  • The respondent's brief must be served and filed within 30 days after the appellant's opening brief is filed.

  • The appellant's opening brief must be served and filed within 40 days after the record is filed in the reviewing court.

  • If a party fails to comply with a notice under (5), the court may impose the sanction specified in the notice.

  • The appellant must serve and file a reply brief, if any, within 20 days after the respondent files its brief.

  • If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party in writing that the brief must be filed within 30 days after the notice is sent, and that failure to comply may result in one of the following sanctions:

Cal. Rules of Court, rule 8.366. Hearing and decision in the Court of Appeal

  • (1) Except as otherwise provided in this rule, a Court of Appeal decision in a proceeding under this chapter, including an order dismissing an appeal involuntarily, is final in that court 30 days after filing.

  • (A) The denial of an application for bail or to reduce bail pending appeal; and

  • (B) The dismissal of an appeal on request or stipulation.

  • (3) If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

  • (4) If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.

Cal. Rules of Court, rule 8.384. Petition for writ of habeas corpus filed by an attorney for a party

  • The clerk must file an attorney's petition not complying with (a)-(c) if it otherwise complies with the rules of court, but the court may notify the attorney that it may strike the petition or impose a lesser sanction if the petition is not brought into compliance within a stated reasonable time of not less than five days.

Cal. Rules of Court, rule 8.385. Proceedings after the petition is filed

  • The response must be served and filed within 15 days or as the court specifies.

  • If a response is filed, the court must notify the petitioner that a reply may be served and filed within 15 days or as the court specifies.

Cal. Rules of Court, rule 8.386. Proceedings if the return is ordered to be filed in the reviewing court

  • Unless the court orders otherwise, within 30 days after the respondent files a return, the petitioner may serve and file a traverse.

  • Unless the court orders otherwise, any return must be served and filed within 30 days after the court issues the order to show cause.

Cal. Rules of Court, rule 8.387. Decision in habeas corpus proceedings

  • If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, a Court of Appeal may order early finality in that court of a decision in a habeas corpus proceeding after issuing an order to show cause. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

  • If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

  • A Court of Appeal decision denying a petition for writ of habeas corpus without issuing an order to show cause is final in that court on the same day that its decision in a related appeal is final if the two decisions are filed on the same day. If the Court of Appeal orders rehearing of the decision in the appeal, its decision denying the petition for writ of habeas corpus is final when its decision on rehearing is final.

  • Except as provided in (B), a Court of Appeal decision denying a petition for writ of habeas corpus without issuance of an order to show cause is final in the Court of Appeal upon filing.

  • A reviewing court may modify a decision until the decision is final in that court. If the clerk's office is closed on the date of finality, the court may modify the decision on the next day the clerk's office is open.

  • Except as otherwise provided in this rule, a Court of Appeal decision in a habeas corpus proceeding is final in that court 30 days after filing.

  • A modification that does not change the appellate judgment does not extend the finality date of the decision.

  • If a modification changes the appellate judgment, the finality period runs from the filing date of the modification order.

Cal. Rules of Court, rule 8.392. Filing the appeal; certificate of appealability

  • Except as provided in (2), when a notice of appeal is filed, the superior court clerk must promptly-and no later than five days after the notice of appeal is filed-send a notification of the filing to:

  • The Court of Appeal must grant or deny the request for a certificate of appealability within 10 days of the filing of the request in that court.

  • Any answer must be served on the parties and the assisting entity or counsel and filed within five days after the order is filed unless the court orders otherwise.

  • For an appeal from denial of a successive petition when the superior court did not issue a certificate, the clerk must withhold notice from court reporters until receiving a Court of Appeal certificate and send that notice within five days after receiving it.

    The rule's wording

    If the petitioner is appealing from a superior court decision denying relief on a successive petition and the superior court did not issue a certificate of appealability, the clerk must not send the notification of the filing of a notice of appeal to the court reporter or reporters unless the clerk receives a copy of a certificate of appealability issued by the Court of Appeal under (b)(6). The clerk must send the notification no later than five days after the superior court receives the copy of the certificate of appealability.
  • On receiving the request for a certificate of appealability, the Court of Appeal clerk must promptly file the request and send notice of the filing date to the parties.

Cal. Rules of Court, rule 8.393. Time to appeal

  • A notice of appeal under this article must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

Cal. Rules of Court, rule 8.395. Record on appeal

  • (B) The reporter must begin preparing the reporter's transcript immediately on being notified by the clerk under rule 8.392(c) that the notice of appeal has been filed.

  • If either party appeals a decision on a successive petition under Penal Code section 1509.1(c), the clerk must begin the clerk's transcript immediately after the latest applicable notice-of-appeal or certificate-of-appealability event, and must wait for issuance of a required certificate.

    The rule's wording

    (A) The clerk must begin preparing the clerk's transcript immediately after the filing of the notice of appeal or, if one is required, the superior court's issuance of a certificate of appealability or the clerk's receipt of a copy of a certificate of appealability issued by the Court of Appeal under rule 8.391(b)(5), whichever is later. If a certificate of appealability is required to appeal the decision of the superior court, the clerk must not begin preparing the clerk's transcript until a certificate of appealability has issued.
  • (1) The reporter and the clerk must begin preparing the record immediately after the superior court issues the decision on an initial petition under Penal Code section 1509.

  • (2) As soon as the transcripts are certified, but no later than 30 days after the reporter is required to begin preparing the transcript, the reporter must deliver the original and all copies to the superior court clerk.

  • (4) In a multireporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (2) even if other portions are uncompleted.

  • (1) Within 30 days after the clerk is required to begin preparing the transcript, the clerk must complete preparation of an original and four copies of the clerk's transcript.

Cal. Rules of Court, rule 8.396. Briefs by parties and amici curiae

  • When both the petitioner and the People appeal, the petitioner must file the first opening brief unless the reviewing court orders otherwise, and rule 8.216(b) governs the contents of the briefs.

  • (3) The appellant must serve and file a reply brief, if any, within 60 days after the filing of respondent's brief.

  • Amicus curiae briefs may be filed as provided in rule 8.200(c), except that an application for permission of the presiding justice to file an amicus curiae brief must be filed within 14 days after the last appellant's reply brief is filed or could have been filed under (c), whichever is earlier.

  • (6) If a party fails to timely file an appellant's opening brief or a respondent's brief, the clerk/executive officer of the Court of Appeal must promptly notify the party in writing that the brief must be filed within 30 days after the notice is sent, and that failure to comply may result in sanctions specified in the notice.

  • (2) The respondent's brief must be served and filed within 120 days after the appellant's opening brief is filed.

  • (4) If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (1) and (2) are extended by 15 days for each 1,000 pages of combined transcript over 10,000 pages, up to 20,000 pages. The time limits in (1) and (2) may be extended further by order of the presiding justice under rule 8.60.

  • (1) The appellant's opening brief must be served and filed within 210 days after either the record is filed or appellate counsel is appointed, whichever is later.

Cal. Rules of Court, rule 8.397. Claim of ineffective assistance of trial counsel not raised in the superior court

  • The clerk must file any proffer not complying with (2), but the court may notify the filer that it may strike the proffer and the portions of the brief referring to the proffer if the documents are not brought into compliance within a stated reasonable time of not less than five court days.

Cal. Rules of Court, rule 8.398. Finality

  • Except as otherwise provided in this rule, rule 8.366(b) governs the finality of a Court of Appeal decision in a proceeding under this article.

  • The Court of Appeal's denial of an application for a certificate of appealability in a proceeding under this article is final in that court on filing.

Cal. Rules of Court, rule 8.405. Filing the appeal

  • (B) Notify the reporter, in a manner providing immediate notice, to prepare a reporter's transcript and deliver it to the clerk within 20 days after the notice of appeal is filed.

Cal. Rules of Court, rule 8.406. Time to appeal

  • (B) When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 60 days after that order is served under rule 5.538(b)(3) or 30 days after entry of the order denying rehearing, whichever is later.

  • (1) Except as provided in (A), (B), and (2), a notice of appeal must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.

  • (B) If the matter is heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 30 days after the referee's order becomes final under rule 5.540(c).

  • The superior court clerk must mark a late notice of appeal "Received [date] but not filed," notify the party that the notice was not filed because it was late, and send a copy of the marked notice of appeal to the district appellate project.

  • 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 either the time specified in (a) or 20 days after the superior court clerk sends notification of the first appeal, whichever is later.

  • (A) Except as provided in (B) and (C), a notice of appeal must be filed within 30 days of the making of the order.

  • (C) When an application for rehearing of an order of a referee not acting as a temporary judge is denied under rule 5.542, a notice of appeal from the referee's order must be filed within 30 days after entry of the order denying rehearing.

  • A notice of appeal is premature if filed before the judgment is rendered or the order is made, but the reviewing court may treat the notice as filed immediately after the rendition of judgment or the making of the order.

  • (A) In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee's order becomes final under rule 5.540(c).

Cal. Rules of Court, rule 8.407. Record on appeal

  • (5) Within five days after the application if filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant.

  • (3) The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.

Cal. Rules of Court, rule 8.408. Record in multiple appeals in the same case

  • If more than one appeal is taken from the same judgment or related order, only one appellate record need be prepared, which must be filed within the time allowed for filing the record in the latest appeal.

Cal. Rules of Court, rule 8.409. Preparing and sending the record

  • Except in cases governed by rule 8.417, within 20 days after the notice of appeal is filed:

  • (1) When the transcripts are certified as correct, the court clerk must immediately send:

Cal. Rules of Court, rule 8.410. Augmenting and correcting the record in the reviewing court

  • If, after the record is certified, the superior court clerk or the reporter learns that the record omits a document or transcript that any rule or order requires to be included, without the need for a motion or court order, the clerk must promptly copy and certify the document or the reporter must promptly prepare and certify the transcript and the clerk must promptly send the document or transcript-as an augmentation of the record-to all those who are listed under 8.409(e).

Cal. Rules of Court, rule 8.412. Briefs by parties and amici curiae

  • Rule 8.220 applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 30 days.

  • In dependency cases in which the child is not an appellant but has appellate counsel, the child must serve and file any brief within 10 days after the respondent's brief is filed.

  • The appellant must serve and file any reply brief within 20 days after the respondent's brief is filed.

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

  • Except in appeals governed by rules 8.416 and 8.417, when an opening or respondent's brief is late, the clerk must promptly send written notice requiring filing within 30 days and warning of the applicable sanctions.

    The rule's wording

    Except in appeals governed by rules 8.416 and 8.417, if a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party's counsel or the party, if not represented, in writing that the brief must be filed within 30 days after the notice is sent and that failure to comply may result in one of the following sanctions: (A) If the brief is an appellant's opening brief: (i) If the appellant is the county, the court will dismiss the appeal; (ii) If the appellant is other than the county and is represented by appointed counsel on appeal, the court will relieve that appointed counsel and appoint new counsel; (iii) If the appellant is other than the county and is not represented by appointed counsel, the court will dismiss the appeal. (B) If the brief is a respondent's brief, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant.
  • The respondent must serve and file the respondent's brief within 30 days after the appellant's opening brief is filed.

  • Except in appeals governed by rules 8.416 and 8.417, the appellant must serve and file the appellant's opening brief within 40 days after the record is filed in the reviewing court.

Cal. Rules of Court, rule 8.416. Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule

  • Failure to file a timely request will be deemed a waiver.

  • If appellate counsel has not yet been retained or appointed for the appellant or the respondent or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed, when the transcripts are certified as correct, the clerk must send that counsel's copies of the transcripts to the district appellate project.

  • An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record.

  • Rule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.

  • The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.

  • If a tribe that has intervened is not represented by counsel when the transcripts are certified as correct, the clerk must send that counsel's copy of the transcripts to the tribe.

  • The clerk must certify and send any supplemental transcripts as required by (c).

  • The original transcripts to the reviewing court by the most expeditious method, noting the sending date on each original;

  • Within 20 days after the notice of appeal is filed, the clerk must prepare and certify the original clerk's transcript and the specified copies, including the stated conditions for copies for an intervening tribe and the child.

    The rule's wording

    The clerk must prepare and certify as correct an original of the clerk's transcript and one copy each for the appellant, the respondent, the district appellate project, the child's Indian tribe if the tribe has intervened, and the child if the child is represented by counsel on appeal or if a recommendation has been made to the Court of Appeal for appointment of counsel for the child under rule 8.403(b)(2) and that recommendation is either pending with or has been approved by the Court of Appeal but counsel has not yet been appointed;
  • To permit determination of the appeal within 250 days after the notice of appeal is filed, the appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.

  • Rule 8.412(b) governs the time for filing other briefs.

  • One copy of each transcript to the district appellate project and to the appellate counsel for the following, if they have appellate counsel, by any method as fast as United States Postal Service express mail: (i) The appellant; (ii) The respondent; (iii) The child's Indian tribe if the tribe has intervened; and (iv) The child.

  • If counsel waive argument, the cause is deemed submitted no later than 60 days after the appellant's reply brief is filed or due to be filed.

  • The court must hear oral argument within 60 days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.

  • The reporter must prepare, certify as correct, and deliver to the clerk an original of the reporter's transcript and the same number of copies as (A) requires of the clerk's transcript.

  • A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.

  • Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed.

Cal. Rules of Court, rule 8.417. Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction

  • A respondent must serve and file any such motion within 15 days after the appellant's opening brief is filed.

  • Within 20 court days after the notice of appeal is filed:

  • The clerk and the reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.

  • Failure to file a timely request will be deemed a waiver.

  • An appellant must serve and file any motion for augmentation or correction within 15 days after receiving the record.

  • If counsel waive argument, the cause is deemed submitted no later than 60 days after the appellant's reply brief is filed or due to be filed.

  • Unless the reviewing court orders otherwise, counsel must serve and file any request for oral argument no later than 15 days after the appellant's reply brief is filed or due to be filed.

  • The court must hear oral argument within 60 days after the appellant's last reply brief is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.

  • Rule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.

  • The appellant must serve and file the appellant's opening brief within 30 days after the record is filed in the reviewing court.

  • Rule 8.412(b) governs the time for filing other briefs.

Cal. Rules of Court, rule 8.450. Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

  • (1) Immediately notify each court reporter, in a manner providing immediate notice, to prepare a reporter's transcript of the oral proceedings at each session of the hearing that resulted in the order under review and deliver the transcript to the clerk within 12 calendar days after the notice of intent is filed; and

  • (A) If the party was present at the hearing when the court ordered a hearing under Welfare and Institutions Code section 366.26, the notice of intent must be filed within 7 days after the date of the order setting the hearing.

  • (1) The reviewing court clerk must immediately lodge the notice of intent.

  • (E) If the order was made by a referee not acting as a temporary judge, the party has an additional 10 days to file the notice of intent as provided in rule 5.540(c).

  • (D) If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside the United States, the notice of intent must be filed within 27 days after the date the clerk mailed the notification.

  • (2) Within 20 days after the notice of intent is filed, prepare a clerk's transcript that includes the notice of intent, proof of service, and all items listed in rule 8.407(a).

  • The date of the order setting the hearing is the date on which the court states the order on the record orally, or issues an order in writing, whichever occurs first.

  • (B) If the party was notified of the order setting the hearing only by mail, the notice of intent must be filed within 12 days after the date the clerk mailed the notification.

  • (C) If the party was notified of the order setting the hearing by mail, and the notice was mailed to an address outside California but within the United States, the notice of intent must be filed within 17 days after the date the clerk mailed the notification.

  • When the notice is lodged, the reviewing court has jurisdiction of the writ proceedings.

  • (1) A notice of intent to file a writ petition under Welfare and Institutions Code section 366.26 is premature if filed before an order setting a hearing under Welfare and Institutions Code section 366.26 has been made.

Cal. Rules of Court, rule 8.452. Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26

  • (A) Within 10 days-or, if the petition was served by mail, within 15 days-after the petition is filed; or

  • (1) The reviewing court must hear oral argument within 30 days after the response is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.

  • (B) Within 10 days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time.

  • The petition must be served and filed within 10 days after the record is filed in the reviewing court.

  • The petitioner must serve and file any request for augmentation or correction within 5 days-or, if the record exceeds 300 pages, within 7 days; or, if the record exceeds 600 pages, within 10 days-after receiving the record.

  • An order augmenting or correcting the record may grant no more than 15 days for compliance.

  • (2) If argument is waived, the cause is deemed submitted not later than 30 days after the response is filed or due to be filed.

  • If the augmentation or correction is ordered, the time to file any petition or response is extended by the number of additional days granted to augment or correct the record.

  • A respondent must serve and file any such request within 5 days after the petition is filed or an order to show cause has issued, whichever is later.

Cal. Rules of Court, rule 8.454. Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights

  • If the party was notified of the posttermination placement order only by mail, the notice of intent must be filed within 12 days after the date that the clerk mailed the notification.

  • (1) The reviewing court clerk must promptly lodge the notice of intent. When the notice is lodged, the reviewing court has jurisdiction over the writ proceedings.

  • The reviewing court may treat the notice as filed immediately after the posttermination order has been made.

  • (2) Within 20 days after the notice of intent is filed, prepare a clerk's transcript that includes the notice of intent, proof of service, and all items listed in rule 8.407(a).

  • The notice must be served and filed within 7 days after the date of the posttermination placement order or, if the order was made by a referee not acting as a temporary judge, within 7 days after the referee's order becomes final under rule 5.540(c). The date of the posttermination placement order is the date on which the court states the order on the record orally or in writing, whichever first occurs.

  • When the notice of intent is filed, the reporter’s transcript must be delivered to the clerk within 12 calendar days.

    The rule's wording

    (1) Immediately notify each court reporter, in a manner providing immediate notice, to prepare a reporter's transcript of the oral proceedings at each session of the hearing that resulted in the order under review and to deliver the transcript to the clerk within 12 calendar days after the notice of intent is filed;

Cal. Rules of Court, rule 8.456. Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights

  • (6) If the augmentation or correction is ordered, the time to file any petition or response is extended by the number of additional days granted to augment or correct the record.

  • (2) The petitioner must serve and file any request for augmentation or correction within 5 days-or, if the record exceeds 300 pages, within 7 days; or, if the record exceeds 600 pages, within 10 days-after receiving the record.

  • (5) An order augmenting or correcting the record may grant no more than 15 days for compliance.

  • (A) Within 10 days-or, if the petition was served by mail, within 15 days-after the petition is filed; or

  • A respondent must serve and file any such request within 5 days after the petition is filed or an order to show cause has issued, whichever is later.

  • (2) If argument is waived, the cause is deemed submitted not later than 30 days after the response is filed or due to be filed.

  • (B) Within 10 days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time.

  • The petition must be served and filed within 10 days after the record is filed in the reviewing court.

  • (1) The reviewing court must hear oral argument within 30 days after the response is filed or due to be filed, unless the court extends the time for good cause or counsel waive argument.

Cal. Rules of Court, rule 8.482. Appeal from judgment authorizing conservator to consent to sterilization of conservatee

  • (2) Send certified copies of the judgment to the Court of Appeal and the Attorney General.

  • (1) Begin preparing a clerk's transcript and notify the reporter to prepare a reporter's transcript; and

  • An appeal from a judgment authorizing a conservator to consent to the sterilization of an adult conservatee with a developmental disability is taken automatically, without any action by the conservatee, when the judgment is rendered.

Cal. Rules of Court, rule 8.487. Opposition and amicus curiae briefs

  • (3) The application must be filed no later than 14 days after the return is filed or, if no return is filed, within 14 days after the date it was due.

  • (3) Within 10 days after a preliminary opposition is filed, the petitioner may serve and file a reply.

  • (4) Any party may serve and file an answer within 14 days after the brief is filed.

  • (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.

  • If the court does not specify a due date, the answer must be filed within 14 days after either the court rules on the last timely filed application to file an amicus curiae brief or the time for filing applications to file an amicus curiae brief expires, whichever is later.

  • (2) The Attorney General must serve and file the brief within 14 days after the return is filed or, if no return is filed, within 14 days after the date it was due.

  • (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.

Cal. Rules of Court, rule 8.488. Certificate of Interested Entities or Persons

  • If a party fails to file a certificate as required under (b) and (c), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that if the party fails to comply, the court may impose one of the following sanctions:

  • If the party fails to file the certificate as specified in the notice under (1), the court may impose the sanctions specified in the notice.

Cal. Rules of Court, rule 8.490. Filing, finality, and modification of decisions; rehearing; remittitur

  • All other decisions in a writ proceeding are final 30 days after the decision is filed, except as follows:

  • An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review;

  • If an order modifying a decision changes the appellate judgment, the 30 days or other finality period ordered under (A) runs from the filing date of the modification order.

  • To prevent mootness or frustration of relief or otherwise promote justice, the court may order early finality for the specified decisions, effective on filing or within a stated period of less than 30 days.

    The rule's wording

    If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, the court may order early finality in that court of a decision granting a petition for a writ within its original jurisdiction or denying such a petition after issuing an alternative writ, order to show cause, or writ of review. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.
  • If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before the decision becomes final in that court, the 30 days or other finality period ordered under (A) runs from the filing date of the order for publication.

  • An order denying or dismissing such a petition as moot after issuance of an alternative writ, order to show cause, or writ of review.

Cal. Rules of Court, rule 8.491. Responsive pleading under Code of Civil Procedure section 418.10

  • If the Court of Appeal denies a petition for writ of mandate brought under Code of Civil Procedure section 418.10(c) and the Supreme Court denies review of the Court of Appeal's decision, the time to file a responsive pleading in the trial court is extended until 10 days after the Supreme Court files its order denying review.

Cal. Rules of Court, rule 8.492. Sanctions

  • An opposition may not be filed unless the court sends such notice.

  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent.

Cal. Rules of Court, rule 8.500. Petition for review

  • A petition for review must be served and filed within 10 days after the Court of Appeal decision is final in that court.

  • (5) Any reply to the answer must be served and filed within 10 days after the answer is filed.

  • For purposes of this rule, the date of finality is not extended if it falls on a day on which the office of the clerk/executive officer is closed.

  • (3) If a petition for review is presented for filing before the Court of Appeal decision is final in that court, the clerk/executive officer of the Supreme Court must accept it and file it on the day after finality.

  • but if the petitioner fails to file a corrected proof of service within 5 days after the clerk gives notice of the defect the court may strike the petition or impose a lesser sanction.

  • (4) Any answer to the petition must be served and filed within 20 days after the petition is filed.

  • (3) The clerk/executive officer of the Supreme Court must file the petition even if its proof of service is defective,

Cal. Rules of Court, rule 8.512. Ordering review

  • If the petition is denied, the clerk/executive officer of the Supreme Court must promptly return the record to the Court of Appeal if the record was transmitted in paper form.

  • Before the 60-day period or any extension expires, the court may order one or more extensions to a date not later than 90 days after the last petition is filed.

  • If the court does not rule on the petition within the time allowed by (1), the petition is deemed denied.

  • If no petition for review is filed, the Supreme Court may, on its own motion, order review of a Court of Appeal decision within 30 days after the decision is final in that court.

  • If a petition for review is filed, the Supreme Court may deny the petition but order review on its own motion within the periods prescribed in (b)(1).

  • The court may order review within 60 days after the last petition for review is filed.

  • Before the 30-day period or any extension expires, the Supreme Court may order one or more extensions to a date not later than 90 days after the decision is final in the Court of Appeal.

  • On receiving a copy of a petition for review or on request of the Supreme Court, whichever is earlier, the clerk/executive officer of the Court of Appeal must promptly send the record to the Supreme Court.

  • If any such period ends on a day on which the office of the clerk/executive officer is closed, the court may order review on its own motion on the next day the office is open.

Cal. Rules of Court, rule 8.520. Briefs by parties and amici curiae; judicial notice

  • (2) The application must be filed no later than 30 days after all briefs that the parties may file under this rule-other than supplemental briefs-have been filed or were required to be filed.

  • For good cause, the Chief Justice may allow later filing.

  • (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal.

  • (3) The petitioner may file a reply brief on the merits or the reply brief it filed in the Court of Appeal. A reply brief must be served and filed within 20 days after the opposing party files its brief.

  • The Attorney General must serve and file the brief within the time specified in (2) and must provide the information required by (3) and comply with (6).

  • (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal.

  • The answer must be filed within 30 days after either the court rules on the last timely filed application to file an amicus curiae brief or the time for filing applications to file an amicus curiae brief expires, whichever is later.

  • A supplemental brief must be served and filed no later than 10 days before oral argument.

    The rule's wording

    (2) A supplemental brief must not exceed 2,800 words, including footnotes, if produced on a computer or 10 pages if typewritten, and must be served and filed no later than 10 days before oral argument.

Cal. Rules of Court, rule 8.524. Oral argument and submission of the cause

  • Requests to divide oral argument among multiple counsel must be filed within 10 days after the date of the order setting the case for argument.

Cal. Rules of Court, rule 8.532. Filing, finality, and modification of decision

  • (C) The denial of a petition for a writ within the court's original jurisdiction without issuance of an alternative writ or order to show cause; and

  • (A) The denial of a petition for review of a Court of Appeal decision;

  • Except as provided in (2), a Supreme Court decision is final 30 days after filing unless:

  • (B) Before the 30-day period or any extension expires the court orders one or more extensions, not to exceed a total of 60 additional days.

  • (D) The denial of a petition for writ of supersedeas.

  • (B) A disposition ordered under rule 8.528(b), (d), or (e);

  • The clerk/executive officer of the Supreme Court must promptly file all opinions and orders issued by the court

  • (A) The court orders a shorter period; or

Cal. Rules of Court, rule 8.536. Rehearing

  • Before the Supreme Court decision is final and for good cause, the Chief Justice may relieve a party from a failure to file a timely petition or answer.

  • If the court does not rule on the petition before the decision is final, the petition is deemed denied.

  • The time for granting or denying a petition for rehearing in the Supreme Court may be extended under rule 8.532(b)(1)(B).

  • Any answer to the petition must be served and filed within eight days after the petition is filed.

Cal. Rules of Court, rule 8.548. Decision on request of a court of another jurisdiction

  • (1) Within 20 days after the request is filed, any party or other person or entity wanting to support or oppose the request must send a letter to the Supreme Court, with service on the parties and on the requesting court.

  • (2) Within 10 days after service of a letter under (1), any party may send a reply letter to the Supreme Court, with service on the other parties and the requesting court.

Cal. Rules of Court, rule 8.552. Transfer for decision

  • Within 20 days after the petition is filed, any party may serve and file an answer.

  • A party seeking transfer under this rule must promptly serve and file in the Supreme Court a petition explaining how the cause satisfies the requirements of (c).

Cal. Rules of Court, rule 8.608. General provisions

  • The delivery date of a transcript sent by mail is the mailing date plus five days.

Cal. Rules of Court, rule 8.613. Preparing and certifying the record of preliminary proceedings

  • Within 30 days after the clerk delivers the reporter's transcript and lists, each trial counsel must serve and file:

  • Within 15 days after the last request is filed, the designated judge must hold a hearing and order any necessary corrections or additions.

  • Within five days after the reporter delivers the copies in electronic form, the clerk must deliver to the responsible judge, for inclusion in the record:

  • Within five days after receiving notice under (b), the presiding judge must designate a judge to supervise preparation of the record of the preliminary proceedings.

  • Within five days after receiving notice under (b)(1) or notifying the judge under (b)(2), the clerk must do the following:

  • Within five days after the reporter delivers the transcript, the clerk must deliver the original transcript and the lists of appearances, exhibits, and motions required by rule 4.119 to the designated judge and one copy of the transcript and each list required by rule 4.119 that is not required to be sealed to each trial counsel.

  • Within 20 days after the hearing under (1), the original reporter's transcript and court file must be corrected or augmented to reflect all corrections or additions ordered.

  • The record of the preliminary proceedings must be certified as complete and accurate within 120 days after the presiding judge orders preparation of the record.

  • Within 20 days after receiving the notice to prepare the reporter's transcript, the reporter must deliver the original and all copies of the transcript to the clerk.

  • Within 20 days after the clerk notifies the reporter under (1), the reporter must deliver the copies in electronic form to the clerk.

Cal. Rules of Court, rule 8.616. Preparing the trial record

  • (B) Notify trial counsel to submit the lists of appearances, exhibits, and motions required by rule 4.230.

  • Within 30 days after the judgment of death is rendered, the clerk must deliver one copy of the clerk's and reporter's transcripts and one copy of each list of appearances, exhibits, and motions required by rule 4.230 that is not required to be sealed to each trial counsel.

  • If counsel does not receive the transcripts within that period, counsel must promptly notify the superior court.

  • (A) Notify the reporter to prepare the reporter's transcript;

Cal. Rules of Court, rule 8.619. Certifying the trial record for completeness

  • (5) Within 10 days after the clerk notifies the reporter under (1), the reporter must deliver the copies in electronic form to the clerk.

  • (5) Within five days after the augmented or corrected transcripts are filed, the judge must set another hearing to determine whether the record has been completed or corrected as ordered.

  • (2) An application to extend the period to review the record under (a) or the period to file a declaration under (b) must be served and filed within the relevant period.

  • (7) The judge must certify the record as complete within 30 days after the last request to include additional materials or make corrections is filed or, if no such request is filed, after the last statement that counsel does not request any additions or corrections is filed.

  • (3) The clerk must promptly-and in any event within five days-notify the reporter of an order under (2).

  • (1) When the record is certified as complete, the clerk must promptly notify the reporter to prepare five copies of the transcript in electronic form and two additional copies in electronic form for each codefendant sentenced to death.

  • (3) If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (a)(2) and (b)(1) are extended by three days for each 1,000 pages of combined transcript over 10,000 pages.

  • (2) Within 15 days after the last request is filed, the judge must hold a hearing and order any necessary additions or corrections.

  • The order must require that any additions or corrections be made within 10 days of its date.

  • (1) The clerk must promptly deliver the original transcripts to the judge who presided at the trial.

  • Within 30 days after the clerk delivers the transcripts, each trial counsel must serve and file:

Cal. Rules of Court, rule 8.622. Certifying the trial record for accuracy

  • An application to extend the period to request corrections or additions under (a) must be served and filed within that period.

  • When the record is certified as accurate, the clerk must promptly notify the reporter to prepare six copies of the reporter's transcript in electronic form and two additional copies in electronic form for each codefendant sentenced to death.

  • If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (1), (3), and (b)(4) are extended by 15 days for each 1,000 pages of combined transcript over 10,000 pages.

  • In preparing the copies, the procedures and time limits of rule 8.619(d)(2)-(5) must be followed.

  • The clerk must promptly send a copy of the order to the Supreme Court.

  • The judge must certify the record as accurate within 30 days after the last request to include additional materials or make corrections is filed.

  • Any party may serve and file a request for corrections or additions to the record.

Cal. Rules of Court, rule 8.630. Briefs by parties and amicus curiae

  • (C) If the clerk's and reporter's transcripts combined exceed 10,000 pages, the time limits stated in (A) and (B) are extended by 15 days for each 1,000 pages of combined transcript over 10,000 pages.

  • (2) In any appeal from a judgment of death imposed after a trial that began before January 1, 1997, the time to file briefs is governed by rule 8.360(c).

  • (D) The appellant must serve and file a reply brief, if any, within 60 days after the respondent files its brief.

  • (B) The respondent's brief must be served and filed within 120 days after the appellant's opening brief is filed.

  • (A) The appellant's opening brief must be served and filed within 210 days after the record is certified as complete or the superior court clerk delivers the completed record to the defendant's appellate counsel, whichever is later.

Cal. Rules of Court, rule 8.631. Applications to file overlength briefs in appeals from a judgment of death

  • If counsel has filed an application requesting an extension of time to file the brief, within the time specified by the court in its order regarding the extension of time.

  • If counsel has not filed an application requesting an extension of time to file the brief, no later than 45 days before the brief is due.

  • If counsel has not filed an application requesting an extension of time to file the brief, no later than 30 days before the brief is due.

  • New authority substantially affects the issues presented in the case and cannot be adequately addressed without exceeding the applicable limit. Such an application must be filed within 30 days of finality of the new authority;

  • Replacement counsel has been appointed to represent the appellant and has determined that it is necessary to file a brief that exceeds the applicable limit. Such an application must be filed within the time specified by the court in its order setting the deadline for replacement counsel to file the appellant's brief.

Cal. Rules of Court, rule 8.634. Transmitting exhibits; augmenting the record in the Supreme Court

  • No party may file a notice designating exhibits under rule 8.224(a) until the clerk/executive officer of the Supreme Court notifies the parties of the time and place of oral argument.

Cal. Rules of Court, rule 8.701. Filing and service

  • The extension of time provided in Code of Civil Procedure section 1010.6 for service completed by electronic means does not apply to any service in actions governed by these rules.

Cal. Rules of Court, rule 8.702. Appeals

  • 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.
  • 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.

  • 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:
  • An appellant must serve and file its opening brief within 25 days after the notice of appeal is served and filed.

  • 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.

  • 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.

  • 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.

  • Five court days after denial of the motion by operation of law.

  • 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.
  • 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.
  • 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.

  • A respondent must serve and file its brief within 25 days after the appellant files its opening brief.

  • 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 reply brief, if any, within 15 days after the respondent files its brief.

  • 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;

  • 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:
  • 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;

  • Unless otherwise ordered by the reviewing court, oral argument will be held within 45 days after the last reply brief is filed.

  • 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.

Cal. Rules of Court, rule 8.703. Writ proceedings

  • Thirty days after the superior court clerk serves on the party filing the petition a document entitled "Notice of Entry" of judgment or order, or a filed-endorsed copy of the judgment or order, showing the date either was served; or

  • Thirty days after the party filing the petition serves or is served by a party with a document entitled "Notice of Entry" of judgment or order, or a filed-endorsed copy of the judgment or order, accompanied by proof of service.

Cal. Rules of Court, rule 8.712. Notice of appeal

  • (1) Motion to reconsider appealable order If any party serves and files a valid motion under subdivision (a) of Code of Civil Procedure section 1008 to reconsider the order dismissing or denying a petition to compel arbitration, 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.

  • (1) Twenty days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of the order dismissing or denying a petition to compel arbitration or a filed-endorsed copy of the order, showing the date either was served; or

  • (2) Cross-appeal If an appellant timely appeals from the order dismissing or denying a petition to compel arbitration, the time for any other party to appeal from the same order is extended until five court days after the superior court clerk serves notification of the first appeal.

  • (2) Twenty days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of the order dismissing or denying a petition to compel arbitration or a filed-endorsed copy of the order, accompanied by proof of service.

Cal. Rules of Court, rule 8.713. Record on appeal

  • The borrowing party must return the copy of the record when it serves its brief or the time to file its brief has expired.

  • A defaulting party notified by the superior court clerk must perform the required act within two court days after service of the notice, or the reviewing court may dismiss the appellant's appeal or proceed on the appellant's designated record if the respondent is in default.

    The rule's wording

    If the appellant does not present its notice of designation as required under (1) 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 10 days after the record is filed in the reviewing court, a party that has not purchased its own copy of the record may request the appellant, in writing, to lend it the appellant's copy of the record at the time that the appellant serves its final opening brief under rule 8.715(b)(2).

  • 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.

Cal. Rules of Court, rule 8.715. Briefing

  • (1) An appellant must serve and file its opening brief within 10 days after the notice of appeal is served and filed;

  • If an appellant’s opening brief or respondent’s brief is not timely filed, the party has two court days after service of the clerk’s notice to file it before the court may impose the stated sanctions.

    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: (1) If the brief is an appellant's opening brief, the court may dismiss the appeal; (2) 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 (3) Any other sanction that the court finds appropriate.
  • (3) An appellant must serve and file its reply brief, if any, within 15 days after the respondent files its brief.

  • (2) A respondent must serve and file its brief within 25 days after the appellant files its opening brief;

  • If the designated reporter’s transcript was not filed at least 5 days before the brief’s due date, the revised brief must be served and filed within 10 days after the transcript is filed.

    The rule's wording

    (2) 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. No other changes to the initial version of the brief are permitted.

Cal. Rules of Court, rule 8.720. Review of Workers' Compensation Appeals Board cases

  • (2) Within 15 days after an answer is filed, the petitioner may serve and file a reply.

  • (4) If the party fails to comply with the notice under (3), the court may impose the sanctions specified in the notice.

  • (1) Within 25 days after the petition is filed, the board or any real party in interest may serve and file an answer and any relevant exhibits not included in the petition.

  • (3) If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions: (A) If the party is the petitioner, the court will strike the petition; or (B) If the party is the real party in interest, the court will strike the document.

Cal. Rules of Court, rule 8.724. Review of Public Utilities Commission cases

  • Within 25 days after an answer is filed, the petitioner may serve and file a reply.

  • A party that fails to file a required certificate must file it within 10 days after the clerk sends written notice, or the specified sanction applies.

    The rule's wording

    If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions: (A) If the party is the petitioner, the court will strike the petition; or (B) If the party is the real party in interest, the court will strike the document.
  • Within 35 days after the petition is filed, the commission or any real party in interest may serve and file an answer.

Cal. Rules of Court, rule 8.728. Review of Agricultural Labor Relations Board and Public Employment Relations Board cases

  • (4) If the party fails to comply with the notice under (3), the court may impose the sanctions specified in the notice.

  • (3) Within 25 days after the respondent's brief is filed, the petitioner may serve and file a reply brief.

  • Within the time permitted by statute, the board must file the certified record of the proceedings and simultaneously file and serve on all parties an index to that record.

  • (2) Within 35 days after the petitioner's brief is filed, the board must-and any real party in interest may-serve and file a respondent's brief.

  • A party notified by the clerk of a failure to file a required certificate must file it within 10 days after the notice is sent.

    The rule's wording

    (3) If a party fails to file a certificate as required under (1) and (2), the clerk must notify the party in writing that the party must file the certificate within 10 days after the clerk's notice is sent and that failure to comply will result in one of the following sanctions:
  • (1) The petitioner must serve and file its brief within 35 days after the index is filed.

Cal. Rules of Court, rule 8.730. Filing, modification, and finality of decision; remittitur

  • If a Court of Appeal certifies its opinion for publication or partial publication after filing its decision and before its decision becomes final in that court, the finality period runs from the filing date of the order for publication.

  • Except as otherwise provided in this rule, a decision in a writ proceeding under this chapter is final in that court 30 days after the decision is filed.

  • The decision may provide for finality in that court on filing or within a stated period of less than 30 days.

  • Rule 8.264(a) governs the filing of decisions in writ proceedings under this chapter in the Court of Appeal and rule 8.532(a) governs the filing of decisions in the Supreme Court.

  • If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, the court may order early finality in that court of a decision granting a petition for a writ under this chapter or, except as provided in (1), a decision denying such a petition.

  • A court's denial of a petition for a writ under rule 8.720, 8.724, or 8.728 without issuance of a writ of review is final in that court when filed.

  • If an order modifying an opinion changes the appellate judgment, the finality period runs from the filing date of the modification order.

Cal. Rules of Court, rule 8.808. Motions

  • The court may rule on a motion at any time after an opposition or other response is filed or the time to oppose has expired.

  • Any opposition to the motion must be served and filed within 15 days after the motion is filed.

Cal. Rules of Court, rule 8.810. Extending time

  • The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules.

Cal. Rules of Court, rule 8.811. Policies and factors governing extensions of time

  • (1) The time limits prescribed by these rules should generally be met to ensure expeditious conduct of appellate business and public confidence in the efficient administration of appellate justice.

Cal. Rules of Court, rule 8.813. Shortening time

  • For good cause and except as these rules provide otherwise, the presiding judge of the appellate division, or his or her designee, may shorten the time to do any act required or permitted under these rules.

Cal. Rules of Court, rule 8.816. Address and other contact information of record; notice of change

  • An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the appellate division in which the case is pending.

Cal. Rules of Court, rule 8.817. Service and filing

  • A document is deemed filed on the date the clerk receives it.

  • If the clerk receives a document by mail from an inmate or a patient in a custodial institution after the period for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing within the period for filing the document, the document is deemed timely.

  • A brief, a petition for rehearing, or an answer to a petition for rehearing is timely if the time to file it has not expired on the date of: (A) Its mailing by priority or express mail as shown on the postmark or the postal receipt; or (B) Its delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.

  • The provisions of (3) do not apply to original proceedings.

  • Unless otherwise provided by these rules or other law, a filing is not timely unless the clerk receives the document before the time to file it expires.

Cal. Rules of Court, rule 8.818. Waiver of fees and costs

  • The petitioner should file the application with the writ petition.

  • The respondent should file any application at the time the fees are to be paid to the court.

  • The appellant should file the application with the notice of appeal in the trial court that issued the judgment or order being appealed.

  • The application for initial fee waiver is deemed granted unless the court gives notice of action on the application within five court days after the application is filed.

  • If an application is denied, the applicant must pay the court fees and costs or submit the new application or additional information requested by the court within 10 days after the clerk gives notice of the denial.

Cal. Rules of Court, rule 8.821. Notice of appeal

  • (2) A clerk's notice under (1)(A) or (B) must state that the court may dismiss the appeal unless, within 15 days after the notice is sent, the appellant either:

Cal. Rules of Court, rule 8.822. Time to appeal

  • (1) The entry date of a judgment is the date the judgment is filed under Code of Civil Procedure section 668.5 or the date it is entered in the judgment book.

  • (3) If the parties stipulated in the trial court under Code of Civil Procedure section 1019.5 to waive notice of the court order being appealed, the time to appeal under (1)(C) applies unless the court or a party serves notice of entry of judgment or a filed-endorsed copy of the judgment to start the time period under (1)(A) or (B).

  • If a notice of appeal is filed late, the appellate division must dismiss the appeal.

  • (2) The date of entry of an appealable order that is entered in the minutes is the date it is entered in the permanent minutes. But if the minute order directs that a written order be prepared, the entry date is the date the signed order is filed; a written order prepared under rule 3.1312 or similar local rule is not such an order prepared by direction of a minute order.

  • (1) A notice of appeal filed after judgment is rendered but before it is entered is valid and is treated as filed immediately after entry of judgment.

  • (B) 30 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; or

  • (C) 90 days after the entry of judgment.

  • (3) The entry date of an order that is not entered in the minutes is the date the signed order is filed.

  • (A) 30 days after the trial court clerk serves 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 it was served;

  • (2) The appellate division may treat a notice of appeal filed after the trial court has announced its intended ruling, but before it has rendered judgment, as filed immediately after entry of judgment.

Cal. Rules of Court, rule 8.823. Extending the time to appeal

  • (2) 45 days after the first motion to reconsider is filed; or

  • (C) 90 days after entry of judgment; or

  • (2) Unless extended by (e)(2), the time to appeal from an order denying a motion for judgment notwithstanding the verdict is governed by rule 8.822.

  • This rule only extends, and never shortens, the appeal time otherwise prescribed by rule 8.822(a), and the longer rule 8.822(a) period governs when it is longer.

    The rule's wording

    This rule operates only to increase the time to appeal otherwise prescribed in rule 8.822(a); it does not shorten the time to appeal. If the normal time to appeal stated in rule 8.822(a) would be longer than the time provided in this rule, the time to appeal stated in rule 8.822(a) governs.
  • (3) 90 days after entry of judgment.

  • (1) 60 days after the superior court clerk serves the party filing the notice of appeal with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served;

  • (B) 15 days after denial of the motion by operation of law; or

  • (2) 60 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; or

  • (2) 45 days after the first notice of intention to move or motion is filed; or

  • (1) 15 days after the trial court clerk or a party serves an order denying the motion or a notice of entry of that order;

  • (2) If an appellant timely appeals from an order granting a motion for a new trial, an order granting-within 75 days after entry of judgment-a motion to vacate the judgment, or a judgment notwithstanding the verdict, the time for any other party to appeal from the original judgment or from an order denying a motion for judgment notwithstanding the verdict is extended until 10 days after the clerk serves notification of the first appeal.

  • (B) If a party serves a rejection of the additur or remittitur within the time for accepting the additur or remittitur or if the time for accepting the additur or remittitur expires, the time to appeal from the new trial order is extended for all parties until the earliest of 30 days after the date the party serves the rejection or 30 days after the date on which the time for accepting the additur or remittitur expired.

  • (A) 15 days after the trial court clerk or a party serves an order denying the motion or a notice of entry of that order;

  • (C) 90 days after entry of judgment.

  • (1) 15 days after the superior court clerk or a party serves an order denying the motion or a notice of entry of that order;

  • (A) If a party serves an acceptance of the additur or remittitur within the time for accepting the additur or remittitur, the time to appeal from the judgment is extended for all parties until 15 days after the date the party serves the acceptance.

  • (1) 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 10 days after the trial court clerk serves notification of the first appeal.

  • (3) 90 days after entry of the appealable order.

Cal. Rules of Court, rule 8.824. Writ of supersedeas

  • (1) Unless otherwise ordered, any opposition must be served and filed within 15 days after the petition is filed.

  • (3) The court may not issue a writ of supersedeas until the respondent has had the opportunity to file an opposition.

Cal. Rules of Court, rule 8.825. Abandonment, voluntary dismissal, and compromise

  • If a civil case settles after a notice of appeal has been filed, either as a whole or as to any party, the appellant who has settled must immediately serve and file a notice of settlement in the appellate division.

  • Within 45 days after filing a notice of settlement-unless the court has ordered a longer time period on a showing of good cause-the appellant who filed the notice of settlement must file an abandonment under (b).

  • If the appellant does not file an abandonment or a letter stating good cause why the appeal should not be dismissed within the time period specified under (3), the court may dismiss the appeal as to that appellant and order each side to bear its own costs on appeal.

Cal. Rules of Court, rule 8.831. Notice designating the record on appeal

  • Within 10 days after filing the notice of appeal, an appellant must serve and file a notice in the trial court designating the record on appeal.

Cal. Rules of Court, rule 8.832. Clerk's transcript

  • (1) Within 10 days after the appellant serves a notice under rule 8.831 indicating that the appellant elects to use a clerk's transcript, the respondent may serve and file a notice in the trial court designating any additional documents the respondent wants included in the clerk's transcript.

  • (3) Unless otherwise provided by law, within 10 days after the clerk sends a notice under (1), the appellant and any party wanting to purchase a copy of the clerk's transcript must either deposit the estimated cost specified in the notice under (1) with the clerk or submit an application for a waiver of the cost under rule 8.818 or an order granting a waiver of this cost.

  • (3) If the appellant elects under rule 8.831 to proceed with a reporter's transcript, the clerk need not complete preparation of the transcripts required under (1) until 30 days after the appellant deposits the estimated cost of the reporter's transcript or one of the substitutes under rule 8.834(b).

  • (B) The court grants an application submitted under (c)(3) to waive that cost.

  • (4) If the appellant does not submit a required deposit or an application for, or an order granting a waiver of the cost within the required period, the clerk must promptly issue a notice of default under rule 8.842.

  • (A) The appellant deposits either the estimated cost of the clerk's transcript or a preexisting order granting a waiver of that cost;

  • If the trial court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the trial court clerk within 10 days after the notice designating the exhibit is served.

  • (1) Within 30 days after the respondent files a designation under (b)(1) or the time to file it expires, whichever first occurs, the trial court clerk must send:

Cal. Rules of Court, rule 8.833. Trial court file instead of clerk's transcript

  • If the appellant elected to proceed with a reporter's transcript, the clerk must send the prepared file to the appellate division with the reporter's transcript.

  • Within 10 days after the clerk sends the estimate under (1), the appellant must deposit the estimated cost with the clerk, unless otherwise provided by law or the party submits an application for a waiver of the cost under rule 8.818 or an order granting a waiver of this cost.

  • Within 10 days after the appellant deposits the cost or the court files an order waiving that cost, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

  • If the appellant elected to proceed without a reporter's transcript, the clerk must immediately send the prepared file to the appellate division.

  • Within 10 days after the appellant serves a notice under rule 8.831 indicating that the appellant elects to use a clerk's transcript, the trial court clerk may send the appellant a notice indicating that the appellate division for that court has elected by local court rule to use the original trial court file instead of a clerk's transcript and providing the appellant with an estimate of the cost to prepare the file, including the cost of sending the index under (4).

Cal. Rules of Court, rule 8.834. Reporter's transcript

  • Within 90 days after serving and filing the application copy, the appellant must file provisional approval or take one of the actions in (A)(i)–(iv).

    The rule's wording

    Within 90 days after the appellant serves and files a copy of its application to the Court Reporters Board, the appellant must either file with the court a copy of the Court Reporters Board's provisional approval of the application or take one of the following actions:
  • If the appellant serves and files a notice under rule 8.831 designating a reporter's transcript, the respondent may, within 10 days after such service, serve and file a notice in the trial court designating any additional proceedings the respondent wants included in the reporter's transcript.

  • Within 10 days after the notice under (1) is sent, the designating party must file a new election notifying the court whether the party elects to proceed with or without a record of the identified oral proceedings.

  • The clerk must promptly notify the reporter to prepare the transcript when the court receives:

  • Within 10 days after the clerk notifies the appellant of the estimated cost of preparing the reporter's transcript-or within 10 days after the reporter notifies the appellant directly-the appellant must do one of the following:

  • Within 10 days after the clerk sends a notice under (a)(4), the reporter must file the estimate with the clerk-or notify the clerk in writing of the date that he or she notified the appellant directly-of the estimated cost of preparing the reporter's transcript at the statutory rate.

  • Within 20 days after the clerk notifies the reporter to prepare the transcript under (b)(2), the reporter must prepare and certify an original of the reporter's transcript and file it in the trial court.

  • If the Court Reporters Board provisionally approves the application, the reporter's time to prepare the transcript under (d)(1) begins when the clerk sends notice of the provisional approval under (4).

  • The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.837;

  • If the appellant fails to timely take one of the actions specified in (A) or the respondent fails to timely make the deposit or send the notice under (B), the clerk must promptly issue a notice of default under rule 8.842.

  • Within 90 days after the respondent serves and files a copy of its application to the Court Reporters Board, the respondent must either file with the court a copy of the Court Reporters Board's provisional approval of the application or take one of the following actions:

  • Except when a party deposits a certified transcript of all the designated proceedings under (b)(2)(D) with the notice of designation, the clerk must promptly send a copy of each notice to the reporter.

Cal. Rules of Court, rule 8.835. Record when trial proceedings were officially electronically recorded

  • (2) Within 10 days after the notice under (1) is sent, the appellant must file a new election notifying the court whether the appellant elects to proceed with or without a record of the oral proceedings that were not recorded or cannot be transcribed.

Cal. Rules of Court, rule 8.836. Agreed statement

  • If an appellant indicates on its notice designating the record under rule 8.831 that it elects to use an agreed statement under this rule, the appellant must file with the notice designating the record either the agreed statement or a stipulation that the parties are attempting to agree on a statement.

  • (B) File both a notice stating that the parties were not able to agree on the statement and a new notice designating the record under rule 8.831. In the new notice designating the record, the appellant may not elect to use an agreed statement.

  • (A) File the statement if the parties were able to agree on the statement; or

Cal. Rules of Court, rule 8.837. Statement on appeal

  • (3) Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties.

  • (1) If the appellant elects in its notice designating the record under rule 8.831 to use a statement on appeal, the appellant must serve and file a proposed statement within 20 days after filing the notice under rule 8.831.

  • (2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • (3) Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions:

  • If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • (2) No later than 10 days after the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement.

  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

Cal. Rules of Court, rule 8.839. Record in multiple appeals

  • If more than one appeal is taken from the same judgment or a related order, only one record need be prepared, which must be filed within the time allowed for filing the record in the latest appeal.

Cal. Rules of Court, rule 8.840. Completion and filing of the record

  • When the record is complete, the trial court clerk must promptly transmit the original and specified purchased copies, and the appellate division clerk must promptly file the original and notify the parties of the filing date.

    The rule's wording

    When the record is complete, the trial court clerk must promptly send the original to the appellate division and send to the appellant and respondent copies of any certified statement on appeal and any copies of transcripts or official electronic recordings that they have purchased. The appellate division clerk must promptly file the original and send notice of the filing date to the parties.

Cal. Rules of Court, rule 8.841. Augmenting and correcting the record in the appellate division

  • The clerk or reporter must comply with a notice under (1) within 10 days after it is filed.

Cal. Rules of Court, rule 8.842. Failure to procure the record

  • Except as otherwise provided by these rules, a party notified of an act required to procure the record must perform that act within 15 days after the notice is sent.

    The rule's wording

    Except as otherwise provided by these rules, if a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the reviewing court may impose the following sanctions:

Cal. Rules of Court, rule 8.843. Transmitting exhibits

  • After the periods specified in (a) have expired, a party may apply to the appellate division for permission to send an exhibit to that court.

  • A party seeking consideration of qualifying original exhibits must serve and file a designation notice in the trial court within 10 days after the last respondent's brief is filed or could be filed under rule 8.882.

    The rule's wording

    (1) If a party wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged but that were not copied in the clerk's transcript under rule 8.832 or the appendix under rule 8.845 or included in the original file under rule 8.833, within 10 days after the last respondent's brief is filed or could be filed under rule 8.882 the party must serve and file a notice in the trial court designating such exhibits.
  • Unless the appellate division orders otherwise, within 20 days after notice under (a) is filed or after the appellate division directs that an exhibit be sent:

  • (2) Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in the trial court designating such exhibits.

Cal. Rules of Court, rule 8.845. Appendixes

  • The respondent serves and files a notice in the superior court electing to use an appendix under this rule within 10 days after the appellant's notice of designating the record on appeal is filed, and no waiver of the fee for a clerk's transcript is granted to the appellant.

  • An appellant's reply appendix, if any, must be served and filed with the appellant's reply brief.

  • A respondent's appendix, if any, must be served and filed with the respondent's brief.

  • Unless the superior court orders otherwise on a motion served and filed within 10 days after the notice of election is served, this rule governs if:

  • A joint appendix or an appellant's appendix must be served and filed before or together with the appellant's opening brief.

Cal. Rules of Court, rule 8.851. Appointment of appellate counsel

  • The appellate division must grant or deny a defendant's application for appointment of counsel within 30 days after the application is filed.

  • Within 15 court days after an application is filed in the trial court, the clerk must send it to the appellate division.

  • A defendant may, however, apply directly to the appellate division for appointment of counsel at any time after the notice of appeal is filed.

Cal. Rules of Court, rule 8.853. Time to appeal

  • If the defendant or the People timely appeal from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 15 days after the trial court clerk sends notification of the first appeal, whichever is later.

  • If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment.

  • A notice of appeal filed before the judgment is rendered or the order is made is premature, but the appellate division may treat the notice as filed immediately after the rendition of the judgment or the making of the order.

  • A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

Cal. Rules of Court, rule 8.860. Normal record on appeal

  • Any written stipulation to exclude part of the record must be filed in the trial court before the record is certified.

    The rule's wording

    If, before the record is certified, the appellant and the respondent stipulate in writing that any part of the record is not required for proper determination of the appeal and file that stipulation in the trial court, that part of the record must not be prepared or sent to the appellate division.

Cal. Rules of Court, rule 8.862. Preparation of clerk's transcript

  • Unless the original court file will be used in place of a clerk's transcript under rule 8.863, the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.

  • Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original clerk's transcript for the appellate division, one copy for the appellant, and one copy for the respondent. If there is more than one appellant, the clerk must prepare an extra copy for each additional appellant who is represented by separate counsel or self-represented.

Cal. Rules of Court, rule 8.863. Trial court file instead of clerk's transcript

  • Within 20 days after the notice of appeal is filed, the trial court clerk must prepare the trial court file for the record.

    The rule's wording

    Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

Cal. Rules of Court, rule 8.864. Record of oral proceedings

  • If the appellant does not file an election within the time specified in (b), rule 8.874 applies.

  • (2) If an application for appointment of counsel is filed before the period under (A) expires, either 10 days after the court appoints counsel to represent the defendant on appeal or denies the application for appointment of counsel or 20 days after the notice of appeal is filed, whichever is later.

  • (1) If no application for appointment of counsel is filed, 20 days after the notice of appeal is filed; or

Cal. Rules of Court, rule 8.866. Preparation of reporter's transcript

  • (D) If the trial court determines that the appellant is not indigent, within 10 days after the date the clerk sends notice of this determination to the appellant, the appellant must do one of the following:

  • (i) The clerk receives the required deposit under (C)(i) or (D)(i);

  • (B) That the appellant is the People.

  • The reporter must deliver the original and all copies to the trial court clerk as soon as they are certified but no later than 20 days after the reporter is required to begin preparing the transcript under (a).

  • (ii) The clerk receives a waiver of the deposit signed by the reporter under (C)(ii) or (D)(ii); or

  • After electing under (C)(v) to use a statement on appeal, the unrepresented defendant-appellant must prepare, serve, and file the proposed statement within 20 days after serving and filing the notice.

    The rule's wording

    (v) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869; or
  • (A) Within 10 days after the date the clerk sent the notice under rule 8.864(a)(1), the reporter must file with the clerk the estimated cost of preparing the reporter's transcript.

  • (C) Within 10 days after the date the clerk sent the notice under (B), the appellant must do one of the following:

  • (2) Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

  • (iii) The trial court determines that the appellant is indigent and orders that the appellant receive the transcript without cost.

  • (B) If the clerk's notice under (1) indicates that the proceedings were not officially electronically recorded under Government Code section 69957, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • In a multi-reporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (d) even if other portions are uncompleted.

  • (A) That the defendant was represented by appointed counsel at trial;

  • After electing under (D)(iv) to use a statement on appeal, the appellant must prepare, serve, and file the proposed statement within 20 days after serving and filing the notice.

    The rule's wording

    (iv) Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;

Cal. Rules of Court, rule 8.867. Limited normal record in certain appeals

  • Within five days after the application is filed, the judge must order that the record include as much of the additional material as the judge finds proper to fully present the points raised by the applicant.

  • The clerk must immediately present the application to the trial judge.

  • The application must be filed in the superior court with the notice of appeal or as soon thereafter as possible, and will be treated as denied if it is filed after the record is sent to the reviewing court.

  • The clerk must immediately notify the reporter if additions to the reporter's transcript are required under (4) or (5).

  • If the judge does not rule on the application within the time prescribed by (4), the requested material-other than exhibits-must be included in the clerk's transcript or the reporter's transcript without a court order.

Cal. Rules of Court, rule 8.868. Record when trial proceedings were officially electronically recorded

  • The appellant is the People.

  • The trial court determines that the defendant is indigent and orders that the defendant receive the transcript or the copy of the recording without cost.

  • Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified oral proceedings.

  • Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;

  • Within 10 days after the date the defendant files the election under rule 8.864(a)(1), the clerk must notify the appellant and his or her counsel of the estimated cost of preparing the transcript or the copy of the recording.

  • Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a transcript or copy of the recording. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;

  • If the clerk's notice under (1) indicates that the proceedings were not reported by a court reporter, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • The defendant was represented by appointed counsel at trial;

  • The clerk receives the required deposit under (B)(i) or (C)(i); or

  • Deposit with the clerk an amount equal to the estimated cost of preparing the transcript or the copy of the recording;

Cal. Rules of Court, rule 8.869. Statement on appeal

  • (2) No later than 10 days after either the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement.

  • If the appellant does not serve and file a corrected or modified statement as directed, rule 8.874 applies.

  • (3) Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions:

  • (3) If the appellant does not serve and file a proposed statement within the time specified in (1), rule 8.874 applies.

  • (4) If a hearing is ordered, the court must promptly set the hearing date and provide the parties with at least 5 days' written notice of the hearing date.

  • (1) If the appellant elects under rule 8.864 to use a statement on appeal, the appellant must prepare, serve, and file a proposed statement within 20 days after filing the record preparation election.

  • (3) Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties.

  • No later than 10 days after the hearing, the trial court judge must either:

  • (1) Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

  • (2) Within 10 days after the corrected or modified statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • If the appellant does not serve and file a new proposed statement as directed, rule 8.874 applies.

Cal. Rules of Court, rule 8.870. Exhibits

  • Any party in possession of designated exhibits returned by the trial court must put them into numerical or alphabetical order and send them to the appellate division.

  • The trial court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the appellate division.

  • Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in trial court designating such exhibits.

  • Within 10 days after the last respondent's brief is filed or could be filed under rule 8.882, if the appellant wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged, the appellant must serve and file a notice in the trial court designating such exhibits.

Cal. Rules of Court, rule 8.872. Sending and filing the record in the appellate division

  • On receipt, the appellate division clerk must promptly file the original record and send notice of the filing date to the parties.

  • (1) The original record to the appellate division;

  • (2) One copy of the clerk's transcript or index to the original court file and one copy of any record of the oral proceedings to each appellant who is represented by separate counsel or is self-represented;

  • (3) One copy of the clerk's transcript or index to the original court file and one copy of any record of the oral proceedings to the respondent.

Cal. Rules of Court, rule 8.873. Augmenting or correcting the record in the appellate division

  • If, after the record is certified, the trial court clerk or the reporter learns that the record omits a document or transcript that any rule or order requires to be included, the clerk must promptly copy and certify the document or the reporter must promptly prepare and certify the transcript.

  • The clerk must promptly copy and certify any such document and the reporter must promptly prepare and certify any such transcript.

Cal. Rules of Court, rule 8.874. Failure to procure the record

  • A party notified of a failure to procure the record must complete the specified act within 15 days after the notice is sent.

    The rule's wording

    If a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the appellate division may impose the following sanctions:

Cal. Rules of Court, rule 8.881. Notice of briefing schedule

  • When the record is filed, the clerk of the appellate division must promptly send a notice to each appellate counsel or unrepresented party giving the dates the briefs are due.

Cal. Rules of Court, rule 8.882. Briefs by parties and amici curiae

  • If the appellant in a misdemeanor appeal fails to timely file an opening brief, the appellate division clerk must promptly notify the appellant in writing that the brief must be filed within 30 days after the notice is sent and that if the appellant fails to comply, the court may impose one of the following sanctions:

  • 30 days after the record-or the reporter's transcript, after a rule 8.845 election in a civil case-is filed in the appellate division;

  • Within 14 days after the appellant's reply brief is filed or was required to be filed, whichever is earlier, any person or entity may serve and file an application for permission of the presiding judge to file an amicus curiae brief. For good cause, the presiding judge may allow later filing.

  • If the respondent in a misdemeanor appeal fails to timely file a brief, the appellate division clerk must promptly notify the respondent in writing that the brief must be filed within 30 days after the notice is sent and that if the respondent fails to comply, the court may impose one of the following sanctions:

  • Any respondent's brief must be served and filed within 30 days after the appellant files its opening brief.

  • 60 days after the filing of a rule 8.845 election in a civil case, if the appeal proceeds without a reporter's transcript.

  • The clerk must file a brief submitted within that time if it otherwise complies with these rules.

  • Any appellant's reply brief must be served and filed within 20 days after the respondent files its brief.

  • If a party in a civil appeal fails to timely file an appellant's opening brief or a respondent's brief, the appellate division clerk must promptly notify the party in writing that the brief must be filed within 15 days after the notice is sent and that if the party fails to comply, the court may impose one of the following sanctions:

Cal. Rules of Court, rule 8.883. Contents and form of briefs

  • (B) Strike the brief with leave to file a new brief within a specified time; or

  • (1) The reviewing court clerk may decline to file it, but must mark it "received but not filed" and return it to the party; or

  • (C) Disregard the noncompliance.

  • (A) Order the brief returned for corrections and refiling within a specified time;

Cal. Rules of Court, rule 8.884. Appeals in which a party is both appellant and respondent

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

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

Cal. Rules of Court, rule 8.885. Oral argument

  • Parties may waive oral argument in advance by filing a notice of waiver of oral argument within 7 days after the notice of oral argument is sent.

  • An application from a party requesting to appear remotely at oral argument must be filed within 10 days after the court sends notice of oral argument under (c).

Cal. Rules of Court, rule 8.886. Submission of the cause

  • For appeals that raise no arguable issues under People v. Wende (1979) 25 Cal.3d 436, the cause is submitted when the time has expired to file all briefs and papers, including any supplemental brief permitted by the court.

  • Except as provided in (2), a cause is submitted when the court has heard oral argument or approved its waiver and the time has expired to file all briefs and papers, including any supplemental brief permitted by the court. The appellate division may order the cause submitted at an earlier time if the parties so stipulate.

Cal. Rules of Court, rule 8.887. Decisions

  • The clerk/executive officer of the Court of Appeal must promptly file that copy or make a docket entry showing its receipt.

  • The appellate division clerk must promptly file all court opinions and orders.

    The rule's wording

    The appellate division clerk must promptly file all opinions and orders of the court and on the same day send copies (by e-mail where permissible under rule 2.251) showing the filing date to the parties and, when relevant, to the trial court.

Cal. Rules of Court, rule 8.888. Finality and modification of decision

  • (2) If the appellate division certifies a written opinion for publication or partial publication after its decision is filed and before its decision becomes final in that court, the finality period runs from the date the order for publication is sent by the court clerk to the parties.

  • (A) The denial of a petition for writ of supersedeas;

  • (1) Except as otherwise provided in this rule, an appellate division decision, including an order dismissing an appeal involuntarily, is final 30 days after the decision is sent by the court clerk to the parties.

  • (B) The denial of an application for bail or to reduce bail pending appeal; and

  • A modification that does not change the appellate judgment does not extend the finality date of the decision.

  • If a consent is filed, the finality period runs from the filing date of the consent.

  • (1) The appellate division may modify its decision until the decision is final in that court.

  • If a modification changes the appellate judgment, the finality period runs from the date the modification order is sent by the court clerk to the parties.

  • If the clerk's office is closed on the date of finality, the court may modify the decision on the next day the clerk's office is open.

  • If an appellate division decision conditions the affirmance of a money judgment on a party's consent to an increase or decrease in the amount, the judgment is reversed unless, before the decision is final under (a), the party serves and files a copy of a consent in the appellate division.

  • (C) The dismissal of an appeal on request or stipulation.

Cal. Rules of Court, rule 8.889. Rehearing

  • An order for rehearing must be filed before the decision is final. If the clerk's office is closed on the date of finality, the court may file the order on the next day the clerk's office is open.

  • Any answer must be served and filed within 8 days after the order is filed unless the court orders otherwise.

  • The time for granting or denying a petition for rehearing in the appellate division may not be extended.

  • In limited civil and misdemeanor appeals, a party may file a petition for rehearing within 15 days after the latest of the listed events.

    The rule's wording

    A party may serve and file a petition for rehearing within 15 days after the following, whichever is later: (A) The decision is sent by the court clerk to the parties; (B) A publication order restarting the finality period under rule 8.888(a)(2), if the party has not already filed a petition for rehearing, is sent by the court clerk to the parties; (C) A modification order changing the appellate judgment under rule 8.888(b) is sent by the court clerk to the parties; or (D) A consent is filed under rule 8.888(c).
  • If the court does not rule on the petition before the decision is final, the petition is deemed denied.

Cal. Rules of Court, rule 8.890. Remittitur

  • (1) The appellate division may direct immediate issuance of a remittitur only on the parties' stipulation or on dismissal of the appeal on the request or stipulation of the parties under rule 8.825(b)(2).

  • (A) Issue a remittitur immediately after the Court of Appeal denies transfer or the period for granting transfer under rule 8.1008(a) expires if there will be no further proceedings in the appellate division;

  • (2) If an appellate division case is transferred to a Court of Appeal under rule 8.1000 et seq., on receiving the Court of Appeal remittitur, the appellate division clerk must issue a remittitur and return documents to the trial court as provided in rule 8.1018.

  • The remittitur is deemed issued when the clerk enters it in the record.

  • (2) On a party's or its own motion or on stipulation, and for good cause, the court may stay a remittitur's issuance for a reasonable period or order its recall.

  • An appellate division must issue a remittitur after a decision in an appeal.

Cal. Rules of Court, rule 8.891. Costs and sanctions in civil appeals

  • (2) A party's motion under (1) must include a declaration supporting the amount of any monetary sanction sought and must be served and filed before any order dismissing the appeal but no later than 10 days after the appellant's reply brief is due.

  • If a party files a motion for sanctions with a motion to dismiss the appeal and the motion to dismiss is not granted, the party may file a new motion for sanctions within 10 days after the appellant's reply brief is due.

  • (1) Within 30 days after the clerk sends notice of issuance of the remittitur, a party claiming costs awarded by the appellate division must serve and file in the trial court a verified memorandum of costs under rule 3.1700(a)(1).

  • Within 10 days after the court sends such notice, a party or attorney may serve and file an opposition, but failure to do so will not be deemed consent.

  • (2) If the clerk fails to enter judgment for costs, the appellate division may recall the remittitur for correction on its own motion or on a party's motion made not later than 30 days after the remittitur issues.

Cal. Rules of Court, rule 8.902. Time to appeal

  • The trial court clerk must mark a late notice of appeal "Received [date] but not filed" and notify the party that the notice was not filed because it was late.

  • If the defendant or the People timely appeals from a judgment or appealable order, the time for any other party to appeal from the same judgment or order is either the time specified in (a) or 30 days after the trial court clerk sends notification of the first appeal, whichever is later.

  • A notice of appeal must be filed within 30 days after the rendition of the judgment or the making of the order being appealed.

  • If the defendant is committed before final judgment for insanity or narcotics addiction, the notice of appeal must be filed within 30 days after the commitment.

  • A notice of appeal filed before the judgment is rendered or the order is made is premature, but the appellate division may treat the notice as filed immediately after the rendition of the judgment or the making of the order.

Cal. Rules of Court, rule 8.904. Abandoning the appeal

  • An appellant may abandon the appeal at any time by filing an abandonment of the appeal signed by the appellant or the appellant's attorney of record.

Cal. Rules of Court, rule 8.911. Prosecuting attorney's notice regarding the record

  • If the prosecuting attorney does not want to receive the record on appeal, the attorney must file the notice within 10 days after the appeal notification is sent.

    The rule's wording

    If the prosecuting attorney does not want to receive a copy of the record on appeal, within 10 days after the notification of the appeal under rule 8.901(b) is sent to the prosecuting attorney, the prosecuting attorney must serve and file a notice indicating that he or she does not want to receive the record.

Cal. Rules of Court, rule 8.913. Preparation of clerk's transcript

  • Within 20 days after the notice of appeal is filed, the clerk must complete preparation of an original clerk's transcript for the appellate division and one copy for the appellant.

  • Unless the original court file will be used in place of a clerk's transcript under rule 8.914, the clerk must begin preparing the clerk's transcript immediately after the notice of appeal is filed.

Cal. Rules of Court, rule 8.914. Trial court file instead of clerk's transcript

  • The trial court clerk must prepare the trial court file within 20 days after the notice of appeal is filed.

    The rule's wording

    Within 20 days after the filing of the notice of appeal, the trial court clerk must put the trial court file in chronological order, number the pages, and attach a chronological index and a list of all attorneys of record, the parties they represent, and any unrepresented parties.

Cal. Rules of Court, rule 8.915. Record of oral proceedings

  • If the appellant does not file an election within the time specified in (b), rule 8.924 applies.

  • The notice of election required under (a) must be filed with the notice of appeal.

Cal. Rules of Court, rule 8.916. Statement on appeal

  • If the appellant elects under rule 8.915 to use a statement on appeal, the appellant must prepare and file a proposed statement within 20 days after filing the record preparation election.

  • No later than 10 days after the hearing, the trial court judge must either:

  • Within 10 days after the appellant files the proposed statement, the respondent may serve and file proposed amendments to that statement.

  • Within 10 days after the time for filing proposed modifications or objections under (2) has expired, the judge must review the corrected or modified statement and any proposed modifications or objections to the statement filed by the parties.

  • Except as provided in (6), if no hearing is ordered, no later than 10 days after the time for requesting a hearing expires, the trial court judge must review the proposed statement and any proposed amendments filed by the respondent and take one of the following actions:

  • Within 10 days after the statement is served on the parties, any party may serve and file proposed modifications or objections to the statement.

  • If under (d) the trial court judge orders the appellant to prepare a statement incorporating corrections and modifications, the appellant must serve and file the corrected or modified statement within the time ordered by the court.

  • No later than 10 days after the respondent files proposed amendments or the time to do so expires, a party may request a hearing to review and correct the proposed statement.

Cal. Rules of Court, rule 8.917. Record when trial proceedings were officially electronically recorded

  • Within 10 days after the date the appellant files the election under rule 8.915(a), the clerk must notify the appellant and his or her counsel of the estimated cost of preparing the transcript or the copy of the recording.

  • The clerk receives the required deposit under (B)(i) or (C)(i);

  • When the People are the appellant and elect to use a transcript or recording copy as the record of oral proceedings, preparation must begin immediately after the election is filed.

    The rule's wording

    If the appellant is the People, preparation of a transcript or a copy of the recording must begin immediately after the appellant files an election under rule 8.915(a) to use a transcript of an official electronic recording or a copy of the official electronic recording as the record of the oral proceedings.
  • If the trial court determines that the appellant is not indigent, within 10 days after the date the clerk sends notice of this determination to the appellant, the appellant must do one of the following:

  • Within 10 days after the date the clerk sent the notice under (A), the appellant must do one of the following:

  • The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.869;

  • If the clerk's notice under (1) indicates that the proceedings were not reported by a court reporter, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • The trial court determines that the defendant is indigent and orders that the defendant receive the transcript or the copy of the recording without cost.

  • Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

Cal. Rules of Court, rule 8.919. Preparation of reporter's transcript

  • If the trial court determines that the appellant is not indigent, within 10 days after the date the clerk sends notice of this determination to the appellant, the appellant must do one of the following:

  • Within 10 days after the date the clerk sent the notice under (B), the appellant must do one of the following:

  • The reporter must deliver the original and all copies to the trial court clerk as soon as they are certified but no later than 20 days after the reporter is required to begin preparing the transcript under (a).

  • If the defendant-appellant selects the statement-on-appeal option under (C), the proposed statement must be prepared, served, and filed within 20 days after the notice is served and filed.

    The rule's wording

    Notify the clerk by filing a new election that he or she will be using a statement on appeal instead of a reporter's transcript. The appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice and must otherwise comply with the requirements for statements on appeal under rule 8.916;
  • Unless the court has adopted a local rule under rule 8.920(b) that provides otherwise, the reporter must immediately begin preparing the reporter's transcript if the notice sent to the reporter by the clerk under rule 8.915(a)(3) indicates that the appellant is the People.

  • In a multi-reporter case, the clerk must accept any completed portion of the transcript from the primary reporter one week after the time prescribed by (d) even if other portions are uncompleted.

  • If the clerk's notice under (1) indicates that the proceedings were not officially electronically recorded under Government Code section 69957, the appellant must prepare, serve, and file a proposed statement on appeal within 20 days after serving and filing the notice.

  • The clerk must promptly notify the reporter to begin preparing the transcript when:

  • Within 10 days after the date the clerk sent the notice under rule 8.915(a)(3), the reporter must file with the clerk the estimated cost of preparing the reporter's transcript;

  • Within 15 days after this notice is sent by the clerk, the appellant must serve and file a notice with the court stating whether the appellant elects to proceed with or without a record of the identified proceedings.

Cal. Rules of Court, rule 8.921. Exhibits

  • (1) Within 10 days after the last respondent's brief is filed or could be filed under rule 8.927, if the appellant wants the appellate division to consider any original exhibits that were admitted in evidence, refused, or lodged, the appellant must serve and file a notice in the trial court designating such exhibits.

  • (1) The trial court clerk must put any designated exhibits in the clerk's possession into numerical or alphabetical order and send them to the appellate division.

  • (2) Within 10 days after a notice under (1) is served, any other party wanting the appellate division to consider additional exhibits must serve and file a notice in trial court designating such exhibits.

  • (2) Any party in possession of designated exhibits returned by the trial court must put them into numerical or alphabetical order and send them to the appellate division.

Cal. Rules of Court, rule 8.922. Sending and filing the record in the appellate division

  • If the People are the appellant, a copy of the clerk's transcript or index to the original court file and one copy of any record of the oral proceedings to the respondent.

  • One copy of the clerk's transcript or index to the original court file and one copy of any record of the oral proceedings to each appellant who is represented by separate counsel or is self-represented;

  • If the defendant is the appellant, one copy of the clerk's transcript or index to the original court file and one copy of any record of the oral proceedings to the prosecuting attorney unless the prosecuting attorney has notified the court under rule 8.911 that he or she does not want to receive the record; and

  • On receipt, the appellate division clerk must promptly file the original record and send notice of the filing date to the parties.

  • The original record to the appellate division;

Cal. Rules of Court, rule 8.924. Failure to procure the record

  • When a party receives notice of a failure to procure the record, it must do the specified act within 15 days after the notice is sent.

    The rule's wording

    If a party fails to do any act required to procure the record, the trial court clerk must promptly notify that party in writing that it must do the act specified in the notice within 15 days after the notice is sent and that, if it fails to comply, the reviewing court may impose the following sanctions:

Cal. Rules of Court, rule 8.927. Briefs

  • (2) Any respondent's brief must be served and filed within 30 days after the appellant files its opening brief.

  • (3) Any appellant's reply brief must be served and filed within 20 days after the respondent files its brief.

  • (1) If the appellant fails to timely file an opening brief, the appellate division clerk must promptly notify the appellant in writing that the brief must be filed within 20 days after the notice is sent and that if the appellant fails to comply, the court may dismiss the appeal.

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

  • (1) The appellant must serve and file an appellant's opening brief within 30 days after the record is filed in the appellate division.

Cal. Rules of Court, rule 8.928. Contents and form of briefs

  • Order the brief returned for corrections and refiling within a specified time;

  • The reviewing court clerk may decline to file it, but must mark it "received but not filed" and return it to the party; or

  • Disregard the noncompliance.

  • Strike the brief with leave to file a new brief within a specified time; or

Cal. Rules of Court, rule 8.929. Oral argument

  • As soon as all parties’ briefs are filed or due, the clerk must notify all parties of the time and place of oral argument at least 20 days before argument.

    The rule's wording

    As soon as all parties’ briefs are filed or the time for filing these briefs has expired, the appellate division clerk must send a notice of the time and place of oral argument to all parties. The notice must be sent at least 20 days before the date for oral argument.
  • Unless otherwise ordered, the clerk must calendar an appeal for a regular session when the last reply brief was filed or due at least 45 days before that session.

    The rule's wording

    Unless otherwise ordered, all appeals in which the last reply brief was filed or the time for filing this brief expired 45 or more days before the date of a regular appellate division session must be placed on the calendar for that session by the appellate division clerk.
  • The presiding judge may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

  • (A) It is ordered by the presiding judge of the appellate division or the presiding judge’s designee on application of any party or on the court’s own motion. An application from a party requesting to appear remotely at oral argument must be filed within 10 days after the court sends notice of oral argument under (c). The court may not require a party to appear through remote technology; or

Cal. Rules of Court, rule 8.931. Petitions filed by persons not represented by an attorney

  • (4) The clerk must file the petition even if its proof of service is defective,

  • (B) Stating that the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed, which must be a date before any action requested of the appellate division other than issuance of a temporary stay supported by other parts of the record.

  • (2) The clerk must file any supporting documents not complying with (1), but the court may notify the petitioner that it may strike or summarily deny the petition if the documents are not brought into compliance within a stated reasonable time of not less than five days.

Cal. Rules of Court, rule 8.933. Opposition

  • (3) Within 10 days after an opposition is filed, the petitioner may serve and file a reply.

  • (3) Unless the court orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • (2) Unless the court orders otherwise, the return or opposition must be served and filed within 30 days after the court issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.

  • (1) Within 10 days after the petition is filed, the respondent or any real party in interest, separately or jointly, may serve and file a preliminary opposition.

Cal. Rules of Court, rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur

  • An order denying or dismissing such a petition as moot after issuance of an alternative writ, order to show cause, or writ of review.

  • The appellate division clerk must promptly file all opinions and orders of the court

  • Except as provided in rule 8.1018 for cases transferred to the Courts of Appeal, the appellate division must issue a remittitur after the court issues a decision in a writ proceeding except when the court issues one of the orders listed in (b)(1).

  • Except as otherwise provided in (3), all other appellate division decisions in a writ proceeding are final 30 days after the decision is sent by the court clerk to the parties.

  • To prevent mootness or frustration of relief, or otherwise promote the interests of justice, an appellate division may order early finality for the specified writ decisions, on filing or within a stated period of less than 30 days.

    The rule's wording

    If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, an appellate division may order early finality in that court of a decision granting a petition for a writ within its original jurisdiction or denying such a petition after issuing an alternative writ, order to show cause, or writ of review. The decision may provide for finality in that court on filing or within a stated period of less than 30 days.
  • An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review;

Cal. Rules of Court, rule 8.954. Filing the appeal

  • A failure of the clerk to give notice of the judgment or notification of the filing of the notice of appeal does not extend the time for filing the notice of appeal or affect the validity of the appeal.

  • A notice of appeal filed after the judge has announced an intended ruling but before judgment is rendered may, in the discretion of the reviewing court be treated as filed immediately after entry of the judgment.

  • A notice of appeal filed after judgment is rendered but before it is entered is valid and is treated as filed immediately after entry.

Cal. Rules of Court, rule 8.957. Record on appeal

  • Within five days after the filing of the notice of appeal and the payment of any fees required by law, the clerk of the small claims court must transmit the file and all related papers, including the notice of appeal, to the clerk of the court assigned to hear the appeal.

Cal. Rules of Court, rule 8.963. Abandonment, dismissal, and judgment for failure to bring to trial

  • After the record has been transmitted to the court assigned to hear the appeal, the court may dismiss the appeal on the appellant's written request or the parties' stipulation filed in that court.

  • Notwithstanding (1) and (2), the court must dismiss the appeal if the case is not brought to trial within three years after either the notice of appeal is filed or the most recent new trial order is entered in the court assigned to hear the appeal.

  • Before the record has been transmitted to the court assigned to hear the appeal, the appellant may file in the small claims court an abandonment of the appeal or a stipulation to abandon the appeal. Either filing operates to dismiss the appeal and return the case to the small claims court.

  • The court must dismiss the appeal if the case is not brought to trial within one year after the date of filing the appeal. If a new trial is ordered, the court must dismiss the appeal if the case is not brought to trial within one year after the entry date of the new trial order.

  • Notwithstanding (1), the court must not order dismissal or enter judgment if there was in effect a written stipulation extending the time for trial or on a showing that the appellant exercised reasonable diligence to bring the case to trial.

Cal. Rules of Court, rule 8.972. Petitions filed by persons not represented by an attorney

  • (3) The clerk must file the petition even if its proof of service is defective but if the party asking for the writ fails to file a corrected proof of service within five days after the clerk gives notice of the defect, the court may strike the petition or allow additional time to file a corrected proof of service.

  • The clerk must file the petition even if it is not verified but if the party asking for the writ fails to file a verification within five days after the clerk gives notice of the defect, the court may strike the petition.

  • The clerk must file any supporting documents not complying with (1), but the court may notify the petitioner that it may strike or summarily deny the petition if the documents are not brought into compliance within a stated reasonable time of not less than five days.

Cal. Rules of Court, rule 8.974. Opposition

  • Unless the appellate division judge orders otherwise, the petitioner may serve and file a reply within 15 days after the return or opposition is filed.

  • Unless the appellate division judge orders otherwise, a return or opposition must be served and filed within 30 days after the specified writ or notice event.

    The rule's wording

    Unless the appellate division judge orders otherwise, the return or opposition must be served and filed within 30 days after the appellate division judge issues the alternative writ or order to show cause or notifies the parties that it is considering issuing a peremptory writ in the first instance.
  • Within 10 days after the petition is filed, the respondent or any real party in interest may serve and file a preliminary opposition.

Cal. Rules of Court, rule 8.976. Filing, finality, and modification of decisions; remittitur

  • (2) Except as otherwise provided in (3), all other decisions in a writ proceeding under this chapter are final 30 days after the decision is sent by the court clerk to the parties.

  • (B) An order denying or dismissing such a petition as moot after issuance of an alternative writ, order to show cause, or writ of review.

  • The appellate division clerk must promptly file all opinions and orders in proceedings under this chapter

  • The appellate division must issue a remittitur after the judge issues a decision in a writ proceeding under this chapter except when the judge issues one of the orders listed in (b)(1).

  • (A) An order denying or dismissing such a petition without issuance of an alternative writ, order to show cause, or writ of review;

  • The remittitur is deemed issued when the clerk enters it in the record.

  • To prevent mootness or frustration of relief, or otherwise promote the interests of justice, an appellate division judge may order early finality for the specified writ decisions, effective on filing or within a stated period of less than 30 days.

    The rule's wording

    (3) If necessary to prevent mootness or frustration of the relief granted or to otherwise promote the interests of justice, a judge in the appellate division may order early finality of a decision granting a petition for a writ under this chapter or denying such a petition after issuing an alternative writ, order to show cause, or writ of review. The decision may provide for finality on filing or within a stated period of less than 30 days.

Cal. Rules of Court, rule 8.1005. Certification for transfer by the appellate division

  • (4) Within five days after the application is filed, any other party may serve and file an answer.

  • (5) No hearing will be held on the application. Failure to certify the case within the time specified in (c) is deemed a denial of the application.

  • The appellate division may certify a case for transfer at any time after the record on appeal is filed in the appellate division and before the appellate division decision is final in that court.

  • A party may serve and file an application after the record is filed, but no later than 15 days after any of the four listed events.

    The rule's wording

    (1) A party may serve and file an application asking the appellate division to certify a case for transfer at any time after the record on appeal is filed in the appellate division but no later than 15 days after: (A) The decision is sent by the court clerk to the parties; (B) A publication order restarting the finality period under rule 8.888(a)(2) is sent by the court clerk to the parties; (C) A modification order changing the appellate judgment under rule 8.888(b) is sent by the court clerk to the parties; or (D) A consent is filed under rule 8.888(c).

Cal. Rules of Court, rule 8.1006. Petition for transfer

  • The petition must be served and filed in the Court of Appeal after the appellate division issues its decision in the case but no later than 15 days after the decision is final in that court.

  • Any answer must be served and filed within 10 days after the petition is filed unless the court orders otherwise.

Cal. Rules of Court, rule 8.1007. Transmitting record to Court of Appeal

  • To assist the Court of Appeal in deciding whether to order transfer, the superior court clerk must send the record specified in (b) within five days after any of the listed events.

    The rule's wording

    To assist the Court of Appeal in determining whether to order transfer, the superior court clerk must send the record specified in (b) to the Court of Appeal within five days after: (A) The appellate division certifies a case for transfer under rule 8.1005; (B) The superior court clerk sends a copy of an appellate division opinion certified for publication to the Court of Appeal under rule 8.887; (C) The superior court clerk receives a copy of a petition for transfer under rule 8.1006; or (D) The superior court receives a request for the record from the Court of Appeal.
  • The clerk/executive officer of the Court of Appeal must promptly notify the parties when the clerk files the record.

Cal. Rules of Court, rule 8.1008. Order for transfer

  • (A) After the appellate division certifies the case for transfer or on petition for transfer, within 20 days after the record sent under rule 8.1007 is filed in the Court of Appeal;

  • (B) On its own motion, within 30 days after the appellate division decision is final in that court.

  • (2) Within either period specified in (1), the Court of Appeal may order an extension not exceeding 20 days.

  • (3) If the Court of Appeal does not timely order transfer, transfer is deemed denied.

Cal. Rules of Court, rule 8.1012. Briefs and argument

  • The responding brief must be served and filed within 20 days after the opening brief is filed.

  • The opening brief must be served and filed within 20 days after entry of the briefing order.

  • Any reply brief must be served and filed within 10 days after the responding brief is filed.

Cal. Rules of Court, rule 8.1018. Finality and remittitur

  • On receiving notice under rule 8.1008(b) that the Court of Appeal has denied transfer or if the period for ordering transfer under rule 8.1008(a) expires, the appellate division clerk must promptly issue a remittitur if there will be no further proceedings in that court.

  • When transfer is denied after certification or a party's petition, the denial is final immediately.

    The rule's wording

    If the Court of Appeal denies transfer of a case from the appellate division of the superior court after the appellate division certifies the case for transfer or after a party files a petition for transfer, the denial is final immediately.
  • On receipt of the Court of Appeal remittitur, the appellate division clerk must promptly issue a remittitur if there will be no further proceedings in that court.

  • The appellate division clerk must promptly issue a remittitur.

  • The appellate division's decision is final when the appellate division receives the order vacating transfer.

  • filing, finality, and modification of that decision are governed by rule 8.264 and remittitur is governed by rule 8.272

Cal. Rules of Court, rule 8.1105. Publication of appellate opinions

  • Computer versions of all opinions of the Supreme Court and Courts of Appeal must be provided to the Reporter of Decisions on the day of filing.

Cal. Rules of Court, rule 8.1120. Requesting publication of unpublished opinions

  • (3) The request must be delivered to the rendering court within 20 days after the opinion is filed.

  • If the rendering court does not or cannot grant the request before its decision becomes final, it must forward the materials to the Supreme Court within 15 days after the decision is final.

    The rule's wording

    (1) If the rendering court does not or cannot grant the request before the decision is final in that court, it must forward the request to the Supreme Court with a copy of its opinion, its recommendation for disposition, and a brief statement of its reasons. The rendering court must forward these materials within 15 days after the decision is final in that court.

Cal. Rules of Court, rule 8.1125. Requesting depublication of published opinions

  • The rendering court or any person may submit a response supporting or opposing a request under (a) within 10 days after the Supreme Court receives it.

    The rule's wording

    (1) Within 10 days after the Supreme Court receives a request under (a), the rendering court or any person may submit a response supporting or opposing the request. A response submitted by anyone other than the rendering court must state the person's interest.
  • (4) The request must be delivered to the Supreme Court within 30 days after the decision is final in the Court of Appeal.

Cal. Rules of Court, rule 9.7. Oath required when admitted to practice law

  • The State Bar must develop a schedule to implement the submission of the declaration required by (b) of this rule by the deadline for the payment of the annual license fee.

  • Beginning on April 1, 2026, an active licensee or special admissions attorney who fails to submit the annual declaration as required by this rule must be enrolled as an inactive licensee of the State Bar under rules adopted by the Board of Trustees of the State Bar.

Cal. Rules of Court, rule 9.10. Authority of the State Bar Court

  • The order of the State Bar Court must be filed promptly with the Clerk of the Supreme Court.

Cal. Rules of Court, rule 9.13. Petitions for review by licensees of State Bar Court decisions and review of other State Bar decisions

  • A petition to the Supreme Court by a licensee to review a decision of the State Bar Court recommending his or her disbarment or suspension from practice must be served and filed within 60 days after a certified copy of the decision complained of is filed with the Clerk of the Supreme Court.

  • Within 20 days after filing of the petition, the State Bar may serve and file an answer and brief.

  • Within 15 days after filing of the petition, the State Bar may serve and file an answer.

  • Within 10 days after filing of the answer and brief, the petitioner may serve and file a reply.

  • A petition to the Supreme Court by a licensee to review a decision of the State Bar Court regarding interim suspension, the exercise of powers delegated by rule 9.10(b)–(e), or another interlocutory matter must be served and filed within 15 days after written notice of the adverse decision of the State Bar Court is mailed by the State Bar to the petitioner and to his or her counsel of record, if any, at their respective addresses under Business and Professions Code section 6002.1.

  • Within 5 days after filing of the answer, the petitioner may serve and file a reply.

  • The State Bar may serve and file an answer to the petition within 20 days after filing of the petition.

  • A petition to review another specified State Bar Court, Board of Trustees, board, committee, or executive officer action must be served and filed within 60 days after written notice is mailed to the petitioner and counsel of record, if any, at their respective statutory addresses.

    The rule's wording

    A petition to the Supreme Court to review any other decision of the State Bar Court or action of the Board of Trustees of the State Bar, or of any board or committee appointed by it and authorized to make a determination under the provisions of the State Bar Act, or of the chief executive officer of the State Bar or the designee of the chief executive officer authorized to make a determination under article 10 of the State Bar Act or these rules of court, must be served and filed within 60 days after written notice of the action complained of is mailed to the petitioner and to his or her counsel of record, if any, at their respective addresses under Business and Professions Code section 6002.1.
  • A licensee seeking review of a recommendation to set aside a suspension stay or modify probation for a violation must serve and file the petition within 15 days after the certified recommendation is filed with the Supreme Court Clerk.

    The rule's wording

    A petition to the Supreme Court by a licensee to review a recommendation of the State Bar Court that a stay of an order of suspension be set aside or that the duration or conditions of probation be modified on account of a violation of probation must be served and filed within 15 days after a certified copy of the recommendation complained of is filed with the Clerk of the Supreme Court.
  • Within 10 days after filing of the answer, the petitioner may serve and file a reply.

Cal. Rules of Court, rule 9.14. Petitions for review by the Chief Trial Counsel of State Bar Court decisions

  • Within 20 days after the filing of the petition under this rule, the licensee may serve and file an answer.

  • (1) From recommendations that a licensee be suspended, within 60 days of the date the recommendation is filed with the Supreme Court.

  • Within 10 days after the filing of the answer, the Chief Trial Counsel may serve and file a reply.

  • (2) From recommendations that the duration or conditions of probation be modified, or a reinstatement application be granted, within 15 days of the date the recommendation is filed with the Supreme Court.

  • (3) From decisions not to place an eligible licensee on interim suspension, or vacating interim suspension, or a denial of a petition brought under Business and Professions Code section 6007, subdivision (c), within 15 days of notice under the rules adopted by the State Bar.

  • (4) From decisions dismissing disciplinary proceedings or recommending approval, within 60 days of notice under the rules adopted by the State Bar.

Cal. Rules of Court, rule 9.15. Petitions for review by State Bar in moral character proceedings

  • Within 10 days after filing of the answer the State Bar may serve and file a reply.

  • All petitions under this rule must be served and filed with the Clerk of the Supreme Court within 60 days after the State Bar Court decision is filed and served on the General Counsel of the State Bar at the San Francisco or the Los Angeles office of the State Bar.

  • The applicant may file and serve an answer within 20 days after filing of the petition.

Cal. Rules of Court, rule 9.16.1. Briefs by parties following grant of review by the Supreme Court

  • Within 15 days after filing of the supplemental brief, the petitioner may serve and file a reply brief.

  • If the Supreme Court grants review of a petition filed pursuant to rules 9.13(a) or (d), 9.14(a), or 9.15(a), the opposing party must serve and file a supplemental brief within 45 days after the order granting review is filed.

Cal. Rules of Court, rule 9.16.2. Requesting depublication of published State Bar Court opinion

  • Within 10 days after the Supreme Court receives a request under (a), the State Bar Court or any person may submit a response supporting or opposing the request.

  • The request must be delivered to the Supreme Court within 30 days after the decision is final in the State Bar Court.

Cal. Rules of Court, rule 9.18. Effective date of disciplinary orders and decisions

  • Unless otherwise ordered, if no petition for review is filed within the time allowed by rule 9.15(a), as to a recommendation of the State Bar Court in moral character proceedings, the recommendation of the State Bar Court will be filed as an order of the Supreme Court following the expiration of the time for filing a timely petition.

  • Unless otherwise ordered, if no petition for review is filed within the time allowed by rule 9.13(a), (b), and (d), or rule 9.14(a)(1) and (2), the specified State Bar Court recommendations will be filed as Supreme Court orders after the time for a timely petition expires.

    The rule's wording

    Unless otherwise ordered, if no petition for review is filed within the time allowed by rule 9.13(a), (b), and (d), or rule 9.14(a)(1) and (2), as to a recommendation of the State Bar Court for the disbarment, suspension, or reinstatement of a licensee, the vacation of a stay, or modification of the duration or conditions of a probation, the recommendation of the State Bar Court will be filed as an order of the Supreme Court following the expiration of the time for filing a timely petition.
  • Unless otherwise ordered, when petitions for review under rules 9.13(c) and 9.14(a)(3) are acted upon summarily, the orders of the Supreme Court are final forthwith and do not have law-of-the-case effect in subsequent proceedings in the Supreme Court.

  • Petitions for rehearing must be served and filed within 15 days after the date the decision or order was filed.

  • The Supreme Court may grant a rehearing at any time before the decision or order becomes final.

  • Unless otherwise ordered, all orders of the Supreme Court imposing discipline or opinions deciding causes involving the State Bar become final 30 days after filing.

Cal. Rules of Court, rule 9.20. Duties of disbarred, resigned, or suspended attorneys

  • The licensee must file the affidavit after the effective date of disbarment, suspension, or resignation within the time prescribed by the order.

    The rule's wording

    Within such time as the order may prescribe after the effective date of the licensee's disbarment, suspension, or resignation, the licensee must file with the Clerk of the State Bar Court an affidavit showing that he or she has fully complied with those provisions of the order entered under this rule. The affidavit must also specify an address where communications may be directed to the disbarred, suspended, or resigned licensee.

Cal. Rules of Court, rule 9.21. Resignations of licensees of the State Bar with disciplinary charges pending

  • The Review Department will expedite a motion to be restored to active status.

  • When the Office of the Clerk of the State Bar Court receives a licensee's resignation tendered in conformity with this rule, it must promptly file the resignation.

  • A licensee tendering a resignation with disciplinary charges pending must perform the acts specified in rule 9.20(a)(1)-(4) and (b) within 30 days after the resignation is filed.

    The rule's wording

    Within 30 days after filing of the resignation, the licensee must perform the acts specified in rule 9.20(a)(1)-(4) and (b) and within 40 days after filing of the resignation, the licensee must file with the Office of the Clerk, State Bar Court, at the above address, the proof of compliance specified in rule 9.20(c).
  • No resignation is effective unless and until it is accepted by the Supreme Court after consideration and recommendation by the State Bar Court.

  • In submitting a resignation under this rule, a licensee of the State Bar agrees to be transferred to inactive status in the State Bar effective on the filing of the resignation by the State Bar.

Cal. Rules of Court, rule 9.23. Enforcement as money judgment disciplinary orders directing the payment of costs and disciplinary orders requiring reimbursement of the Client Security Fund

  • The clerk must immediately enter a money judgment in conformity with the order or the Notice of Payment.

  • The State Bar has 180 days from the date a money judgment is entered by the clerk under this rule to file a motion to amend, vacate, or stay the enforcement of the money judgment in the superior court with jurisdiction.

  • Defendant has 180 days from the date of service of notice of entry of judgment to file a motion to amend, vacate, or stay the enforcement of the money judgment in the superior court with jurisdiction.

  • The State Bar may also file a motion to amend, vacate, or stay the enforcement of a money judgment entered under this rule at any time in the superior court with jurisdiction for the benefit of the defendant.

Cal. Rules of Court, rule 9.32. New Attorney Training

  • All new licensees of the State Bar must, by the last day of the month of their one year anniversary as a State Bar licensee, complete the New Attorney Training program and report having done so as provided in Rules of the State Bar of California, rule 2.141.

Cal. Rules of Court, rule 9.41. Appearances by military counsel

  • If the court determines to hold a hearing in relation to the appointment, notice of the hearing must be given at least 10 days before the date designated for the hearing unless the court has prescribed a shorter period.

  • Any party who has appeared in the matter may file a written objection to the appointment within 10 days of the date on which notice was given unless the court has prescribed a shorter period.

Cal. Rules of Court, rule 9.41.1. Registered servicemember attorney and registered servicemember spouse attorney

  • If the State Bar has not registered an applicant within 30 days after receiving a complete application, it must issue a temporary license for 90 days and extend it in successive 90-day periods until registration, but the license becomes invalid if the applicant is found ineligible.

    The rule's wording

    If the State Bar cannot register the applicant pursuant to (e) of this rule within thirty (30) days of receipt of a complete application pursuant to (c)(3) of this rule, the State Bar shall issue a temporary license to the applicant to be valid for ninety (90) days, and the temporary license’s validity shall be extended for subsequent periods of ninety (90) days until the State Bar registers the applicant pursuant to (e) of this rule. Notwithstanding the foregoing, if the State Bar determines at any time that the applicant is not eligible for registration pursuant to (c) of this rule, any temporary license shall no longer be valid, the applicant shall not be registered pursuant to (e) of this rule, and the applicant shall be notified of this determination.

Cal. Rules of Court, rule 9.42. Certified law students

  • An applicant who graduates from a J.D. program, completes one year in an LL.M. program, or completes their law study through the Law Office Study Program is eligible to apply for the Certified Law Student Program for up to 30 days after their graduation or completion of studies.

  • An applicant must apply to and be approved as a Certified Law Student pursuant to Title 3, Division 1, Chapter 1 of the Rules of the State Bar before performing the activities authorized by this rule.

Cal. Rules of Court, rule 9.45. Registered legal aid attorneys

  • A registered legal aid attorney must renew his or her registration annually and may practice for no more than a total of five years under this rule.

Cal. Rules of Court, rule 9.46. Registered in-house counsel

  • If an attorney practicing law as registered in-house counsel leaves the employment of his or her employer or changes employers, he or she must notify the State Bar within 30 days.

  • A registered in-house counsel must renew his or her registration annually.

Cal. Rules of Court, rule 9.49. Provisional Licensure

  • First-Time Registrants of the February 2025 California Bar Exam must apply to participate in the program by December 31, 2025.

  • (1) To participate in the Provisional Licensure Program, an eligible First-Time Registrant of the February 2025 California Bar Exam must complete the following application requirements no later than December 31, 2025.

Cal. Rules of Court, rule 9.49.1. Provisional Licensure with Pathway to Full Licensure for Certain Individuals

  • If a Supervising Lawyer cannot attest that a Provisionally Licensed Lawyer possesses the minimum competence of an entry level attorney, the Provisionally Licensed Lawyer may not be admitted to the State Bar of California under this program without additional hours of supervised legal practice sufficient to establish to the Supervising Lawyer that the Provisionally Licensed Lawyer possesses the minimum competence of an entry level attorney, and submission of a satisfactory evaluation by that Supervising Lawyer before the termination of the program.

  • An application for provisional licensure under this rule must be submitted to the State Bar no later than December 31, 2023. Applications shall not be accepted after that date.

  • The Provisionally Licensed Lawyer must complete the required total number of hours of supervised legal practice, satisfy all eligibility requirements for admission not met at the time of application to the program, have an active positive moral character determination, submit a satisfactory evaluation(s) pursuant to (j)(2), and submit all other documentation of completion in the format required by the State Bar by December 31, 2025 to qualify for admission to the State Bar.

Cal. Rules of Court, rule 9.60. Review of determinations by the Commission on Judicial Performance

  • Within 20 days after service of the answer, the judge or former judge may serve and file a reply.

  • Promptly after service and filing of the petition, the Commission must transmit the original proceeding record to the Supreme Court Clerk.

    The rule's wording

    Promptly upon the service and filing of the petition, the Commission must transmit to the Clerk of the Supreme Court the original record, including a transcript of the testimony, briefs, and all original papers and exhibits on file in the proceeding.
  • A judge or former judge must serve and file a petition for review within 60 days after the later of the Commission’s notice or the determination becoming final as to the Commission.

    The rule's wording

    A petition to the Supreme Court by a judge or former judge to review a determination by the Commission on Judicial Performance to retire, remove, censure, admonish, or disqualify the judge or former judge must be served and filed within 60 days after: (1) The Commission, under its rules, notifies the judge or former judge that its determination has been filed or entered in its records; or (2) The determination becomes final as to the Commission under its rules, whichever event is later.
  • Within 45 days after service of the petition, the Commission may serve and file an answer.

Cal. Rules of Court, rule 9.61. Proceedings involving private or public admonishment, censure, removal, retirement, or disqualification of a judge of the Supreme Court

  • Immediately after a petition to review a Commission determination concerning a Supreme Court justice is filed, the Clerk must select seven eligible Court of Appeal justices by lot, who must elect a presiding justice and perform the tribunal’s duties.

    The rule's wording

    Immediately on the filing of a petition to review a determination by the Commission on Judicial Performance to retire, remove, censure, admonish, or disqualify a justice of the Supreme Court, the Clerk of the Supreme Court must select, by lot, seven Court of Appeal justices who must elect one of their number presiding justice and perform the duties of the tribunal created under article VI, section 18(f) of the Constitution. No court of appeal justice who has served as a master or a member of the Commission in the particular proceeding or is otherwise disqualified may serve on the tribunal.

Cal. Rules of Court, rule 9.81. Supreme Court Advisory Committee on the Code of Judicial Ethics

  • Any approved public comment period shall last at least 45 days, unless directed otherwise by the Supreme Court.

Cal. Rules of Court, rule 9.90. Nominations and appointments of State Bar trustees

  • at a time to be designated by the Supreme Court.

Cal. Rules of Court, rule 10.6. Judicial Council meetings

  • The Secretary of the Judicial Council must prepare written minutes of each council meeting for approval at the next council meeting.

  • A request to record, photograph, or broadcast a council meeting must be received by the Chief Justice at least two business days before the meeting.

  • The Executive and Planning Committee must respond to the request at least two business days before the meeting.

  • A designated employee representative seeking to make an oral presentation must submit the written request at least 24 hours before the meeting, but may submit it on the meeting day if the issue arose within the last five business days.

    The rule's wording

    Any designated employee representative who wishes to make an oral presentation to the Judicial Council must make a written request to the Judicial Council of California (attention Judicial Council Support) no later than 24 hours before the meeting unless the issue has arisen within the last five business days before the meeting, in which case the written request may be made on the day of the meeting.
  • Unless the Chief Justice waives this requirement, any member of the public who wishes to speak at a business meeting must submit a request of no more than two pages to the chair of the Executive and Planning Committee by delivering it to the Judicial Council (attention Judicial Council Support) at least four business days before the meeting.

Cal. Rules of Court, rule 10.101. Role of the Judicial Council

  • (1) Develop and administer a budget preparation process for the judicial branch, and ensure the submission of a final budget recommendation for the judicial branch to the Department of Finance by November 1 of each year;

Cal. Rules of Court, rule 10.172. Court security plans

  • On or before November 1, 2009, each superior court must submit a court security plan to the Judicial Council.

  • On or before February 1, 2011, and each succeeding February 1, each superior court must give notice to the Judicial Council whether it has made any changes to the court security plan and, if so, identify each change made and provide copies of the current court security plan and current assessment report.

  • At least once every two years, the presiding judge and the sheriff or marshal are responsible for conducting an assessment of security with respect to all court operations.

  • Annually, the submissions and evaluations will be provided to the Court Security Advisory Committee.

Cal. Rules of Court, rule 10.174. Petition Regarding Disputes Related to Court Security Memoranda of Understanding

  • A petition filed under this rule must be heard and decided on an expedited basis and must be given priority over other matters to the extent permitted by law and the rules of court.

Cal. Rules of Court, rule 10.400. Judicial Branch Statistical Information System (JBSIS)

  • By July 1, 1998, each trial court must develop a plan for meeting reporting requirements prescribed by the JBSIS Manual.

  • By January 1, 2001, subject to adequate funding being made available, each trial court must develop, upgrade, replace, or procure automated case management systems needed to meet or exceed JBSIS data collection and reporting requirements prescribed by the JBSIS Manual.

Cal. Rules of Court, rule 10.430. Generative artificial intelligence use policies

  • Any court that does not prohibit the use of generative AI by court staff or judicial officers must adopt a generative AI use policy by December 15, 2025.

Cal. Rules of Court, rule 10.452. Minimum education requirements, expectations, and recommendations

  • The Chief Justice and the administrative presiding justices must report their courts' compliance with education requirements on an aggregate basis to the Judicial Council, on a form provided by the Judicial Council, within six months after the end of each three-year education cycle.

  • Presiding judges must submit the aggregate court-compliance report within six months after the end of each three-year education cycle.

    The rule's wording

    Presiding judges must report their courts' compliance with education requirements on an aggregate basis to the Judicial Council, on a form provided by the Judicial Council, within six months after the end of each three-year education cycle.

Cal. Rules of Court, rule 10.500. Public access to judicial administrative records

  • Upon entry of an order under this subdivision, a party must, in order to obtain review of the order, file a petition within 20 days after service of a written notice of entry of the order or within such further time not exceeding an additional 20 days as the court may for good cause allow.

  • For a request reasonably describing identifiable records, the entity must determine within 10 calendar days whether the records are disclosable and promptly notify the requester of its decision and reasons.

    The rule's wording

    (6) Time for determination of disclosable records A judicial branch entity, on a request that reasonably describes an identifiable record or records, must determine, within 10 calendar days from receipt of the request, whether the request, in whole or in part, seeks disclosable judicial administrative records in its possession and must promptly notify the requesting party of the determination and the reasons for the determination.
  • After determining that requested records are disclosable, the entity must make them available promptly.

    The rule's wording

    If a judicial branch entity determines that a request seeks disclosable judicial administrative records, the judicial branch entity must make the disclosable judicial administrative records available promptly.
  • When unusual circumstances make an extension reasonably necessary to process a request, the entity may extend the (e)(6) determination deadline by up to 14 calendar days by written notice stating the reasons and expected determination date.

    The rule's wording

    (8) Extension of time for determination of disclosable records In unusual circumstances, to the extent reasonably necessary to the proper processing of the particular request, a judicial branch entity may extend the time limit prescribed for its determination under (e)(6) by no more than 14 calendar days by written notice to the requesting party, stating the reasons for the extension and the date on which the judicial branch entity expects to make a determination.
  • If the notice is served by mail, the period within which to file the petition will be extended by 5 days.

Cal. Rules of Court, rule 10.613. Local court rules-adopting, filing, distributing, and maintaining

  • Within 30 days of a change in the cost of the rules, each court must notify the Judicial Council of the charge for the local rules.

  • Each court must file the electronic copy at least 45 days before the January 1 or July 1 effective date.

    The rule's wording

    Forty-five days before the effective date of January 1 or July 1, each court must file with the Judicial Council an electronic copy of rules and amendments to rules adopted by the court in a format authorized by the Judicial Council.
  • Rules that do not comply with this rule will not be accepted for filing by the Judicial Council.

  • The court must adopt rules in sufficient time to permit reproduction of the rules by the official publisher before the effective date of the changes.

  • Except for rules specifying the time of hearing and similar calendaring matters, the court must distribute each proposed rule for comment at least 45 days before it is adopted.

  • Within 30 days of selecting an official publisher or changing an official publisher, each court must notify the Judicial Council of the name, address, and telephone number of the official publisher.

  • On or before January 1 of each year, the executive officer of each court must notify the Judicial Council of the street address and room number of the place where the rules are maintained under this subdivision.

  • The rule is made available for inspection as provided in (b) on or before the effective date.

Cal. Rules of Court, rule 10.660. Enforcement of agreements-petitions (Gov. Code, §§ 71639.5, 71825.2)

  • (2) When the petition is filed, the clerk of the court must immediately request of the Judicial Council's Assigned Judges Program the assignment of a hearing judge from the panel established under (e).

  • (1) The superior court must hear and decide the petition on an expedited basis and must give the petition priority over other matters to the extent permitted by law and the rules of court.

  • An appeal of the superior court decision must be heard and decided on an expedited basis in the Court of Appeal for the district in which the petition was heard and must be given priority over other matters to the extent permitted by law and the rules of court.

Cal. Rules of Court, rule 10.670. Trial court personnel plans

  • The superior court of each county must submit to the Judicial Council any changes to this plan by March 1 of every following year.

  • The superior court of each county must submit to the Judicial Council a personnel plan in compliance with these provisions by March 1, 1999.

Cal. Rules of Court, rule 10.703. Subordinate judicial officers: complaints and notice requirements

  • (1) When the court has completed its action on a complaint, the presiding judge must promptly notify the complainant, if known, of the final court action.

  • If either resignation condition in (j)(2) applies, the presiding judge must forward the entire court file to the Commission within 15 days of resignation, or as soon thereafter as reasonably possible.

    The rule's wording

    (2) If a subordinate judicial officer resigns (A) while an investigation under (i) is pending concerning conduct that, if alleged against a judge, would be within the jurisdiction of the commission under article VI, section 18 of the California Constitution, or (B) under circumstances that would lead a reasonable person to conclude that the resignation was due, at least in part, to a complaint or allegation of misconduct that, if alleged against a judge, would be within the jurisdiction of the commission under article VI, section 18 of the California Constitution, the presiding judge must, within 15 days of the resignation or as soon thereafter as is reasonably possible, forward to the commission the entire court file on any pending complaint about or allegation of misconduct committed by the subordinate judicial officer.
  • The presiding judge must promptly forward the specified portions of the court file to the Commission when the conditions in (j)(1) apply.

    The rule's wording

    (1) If a court disciplines a subordinate judicial officer by written reprimand, suspension, or termination for conduct that, if alleged against a judge, would be within the jurisdiction of the commission under article VI, section 18 of the California Constitution, the presiding judge must promptly forward to the commission a copy of the portions of the court file that reasonably reflect the basis of the action taken by the court, including the complaint or allegations of misconduct and the subordinate judicial officer's response. This provision is applicable even when the disciplinary action does not result from a written complaint.
  • (d) Promptness required The presiding judge must ensure that the court processes each complaint promptly. To the extent reasonably possible, the court must complete action on each complaint within 90 days after the complaint is submitted.

  • (9) Within 10 days after the subordinate judicial officer has responded, the presiding judge must give the subordinate judicial officer written notice of the final action taken on the complaint.

  • A subordinate judicial officer may request an opportunity to respond within 10 days after service of the notice; otherwise, the proposed action becomes final.

    The rule's wording

    (7) The notice of the intended final action on the complaint in (i)(6)(A) must include the following advice: (A) The subordinate judicial officer may request an opportunity to respond to the intended final action within 10 days after service of the notice; and (B) If the subordinate judicial officer does not request an opportunity to respond within 10 days after service of the notice, the proposed action will become final.
  • (10) If the subordinate judicial officer does not request an opportunity to respond, the presiding judge must promptly give written notice of the final action to the complainant. The notice must include the information required under (k).

  • When the presiding judge decides to impose discipline or corrective action under (i)(4)(B) or (C), the written notice and supporting information must be provided within 10 days after the investigation is completed, or as soon thereafter as reasonably possible.

    The rule's wording

    (6) If the presiding judge decides to impose discipline or take other appropriate corrective action under (i)(4)(B) or (C), within 10 days after the completion of the investigation or as soon thereafter as is reasonably possible, the presiding judge must give the subordinate judicial officer the following in writing: (A) Notice of the intended final action on the complaint; and (B) The facts and other information forming the basis for the proposed action and the source of the facts and information.
  • A complainant’s written request for Commission review must be received within 30 days after the final-action notice is mailed for further action to be taken on the complaint.

    The rule's wording

    (B) Include the following statement: If you are dissatisfied with the court's action on your complaint, you have the right to request the Commission on Judicial Performance to review this matter under its discretionary jurisdiction to oversee the discipline of subordinate judicial officers. No further action will be taken on your complaint unless the commission receives your written request within 30 days after the date this notice was mailed. The commission's address is: Commission on Judicial Performance 455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102-3660

Cal. Rules of Court, rule 10.803. Information access disputes-writ petitions (Gov. Code, § 71675)

  • (2) When the petition is filed, the clerk of the court must immediately request of the Chief Justice the assignment of a hearing judge from the panel established under (e).

  • (1) The superior court must hear and decide the petition on an expedited basis and must give the petition priority over other matters to the extent permitted by law and the rules of court.

  • An appeal of the superior court decision must be heard and decided on an expedited basis in the Court of Appeal for the district in which the petition was heard and must be given priority over other matters to the extent permitted by law and rules of court.

Cal. Rules of Court, rule 10.1012. Supervising progress of appeals

  • (2) Order the dismissal of an appeal or any other authorized sanction for noncompliance with these rules, if no application to extend time or for relief from default has been filed before the order is entered;

  • The specified administrative and presiding justices are generally responsible for ensuring that appellate records and briefs are filed promptly.

    The rule's wording

    The administrative presiding justices of Courts of Appeal with more than one division in the same city and the presiding justices of all other Courts of Appeal are generally responsible for ensuring that all appellate records and briefs are promptly filed.

Cal. Rules of Court, rule 10.1028. Preservation and destruction of Court of Appeal records

  • (c) Permanent records The clerk/executive officer of the Court of Appeal must permanently keep the court's minutes and a register of appeals and original proceedings.

  • (1) Except as provided in (2) and (3), the clerk/executive officer may destroy all other records in a case 10 years after the decision becomes final, as ordered by the administrative presiding justice or, in a court with only one division, by the presiding justice.

  • (3) In a felony case in which the court affirms a judgment of conviction in whole or in part, the clerk/executive officer must keep the original reporter's transcript or, if the original is in paper, either the original or a true and correct electronic copy of the transcript, for 75 years after the decision becomes final.

  • (2) Except as provided in (3), in a criminal case in which the court affirms a judgment of conviction in whole or in part, the clerk/executive officer must keep the original reporter's transcript or, if the original is in paper, either the original or a true and correct electronic copy of the transcript, for 20 years after the decision becomes final.

Cal. Rules of Court, rule 10.1030. Local rules of Courts of Appeal

  • A local rule cannot take effect sooner than 45 days after the publication date of the advance pamphlet in which it is printed.