Motions/Requests/Dismissals (CRC 8.54, 8.57, 8.50, 8.244(c))
What colors are required for covers?
All documents connected with a motion must have blue covers and be bound on the left-hand side.
What are the filing procedures?
What are the service procedures?
Filing and service procedures:
| DOCUMENT |
FILING PROCEDURE
w/ proof of service on all parties |
SERVICE PROCEDURE |
motions & requests (other than time extension)
[Covers: blue] |
original & 3 copies to Court of Appeal
include a proposed order
loose copies of the proposed order along with envelopes stamped and addressed to the involved parties |
1 copy on each opposing party |
extension requests
[Covers: none] |
original to Court of Appeal
include a proposed order
loose copies of the proposed order along with envelopes stamped and addressed to the involved parties
Extension Request form. |
1 copy on each opposing party
1 copy on client (CRC 8.60(f)) |
oppositions to motions
[Covers: blue] |
original & 3 copies to Court of Appeal
due 15 days after filing of the motion |
1 copy on each opposing party |
replies to oppositions to motions
[Covers: blue] |
original & 3 copies to Court of Appeal
due 5 days after filing of opposition to the motion*
(*Generally, the Court of Appeal does not wait for a reply to be filed unless at its request.) |
1 copy on each opposing party |
How long do rulings take?
Motions are generally held for 15 days for opposition before the Court of Appeal issues a ruling.
Do you accept faxed signatures?
The Court of Appeal accepts only original signatures on motions as well as all other documents (except for computer generated briefs, which do not need to be signed).
When are hearings on motions held?
The Court of Appeal generally does not conduct hearings on motions.
How can I extend filing times?
Click here for an Extension Request form.
How can I dismiss an appeal?
To dismiss a current appeal:
- If the record on appeal has not been filed in the Court of Appeal, a written abandonment by appellant or stipulation for abandonment must be filed with the clerk of the superior court, who will then forward it to this court (Cal. Rules of Court, rule 8.244(b)(1)). If a respondent wishes to dismiss the appeal, the respondent must file the motion to dismiss the appeal at the Court of Appeal, in conformance with the district's policies regarding motions. View all Rules of Court.
- If the record on appeal has been filed in the Court of Appeal, a written request by either party or stipulation for dismissal must be filed with the clerk of the Court of Appeal. If the parties stipulate to dismiss the appeal, the parties may stipulate to costs. If there is no such stipulation, respondent will be awarded costs.
