4. What are the time limits for filing a brief and what options are available if more time is needed?

A. Filing Time Limits (Rules 8.212, 8.216, 8.360, 8.412, 8.416, 8.450 and 8.452)

1. The parties are notified when the record on appeal has been filed. (Rule 8.150(b).)

2. In a civil case, appellant has 30 days from the date the record, or the reporter's transcript after a rule 8.124 election, is filed in the Court of Appeal to file an appellant's opening brief. An appellant has 70 days to do so after the filing of the rule 8.124 election where the appeal proceeds without the reporter's transcript. (Rule 8.212(a)(1)(B).) In a criminal case, the appellant has 40 days from the filing of the record to file an opening brief. (Rule 8.360(c)(1).)

3. Respondent has 30 days from the date the appellant's opening brief is filed to file the respondent's brief. (Rules 8.212(a)(2) and 8.360(c)(2).)

4. Appellant has 20 days from the date the respondent's brief is filed to file an appellant's reply brief. (Rules 8.212(a)(3) and 8.360(c)(3).)

5. The minor's brief in a juvenile fast track case is due 10 days from the filing of the respondent's brief. (Rule 8.412(b)(4).)

B. Late Filing of Briefs. Briefs not timely filed must be approved by the presiding justice prior to acceptance for filing. (Rule 8.50.)

C. Extensions of Time (Rules 8.212(b), 8.216, 8.360(c)(4), 8.412(c), 8.416(f), 8.50 and 8.60).

1. Civil Cases:

a. The parties may extend the time to file a brief under rule 8.212(a) by up to 60 days by filing one or more stipulations in the Court of Appeal before the brief is due. A stipulation is effective on filing, as the Court of Appeal may not shorten a stipulated extension if the aggregate of extensions is 60 days or less. (Rule 8.212(b)(1).)

b. Where a party has been unable to obtain, or it would have been futile to seek, an extension by stipulation or the parties have stipulated to the maximum extension permitted under rule 8.212(b)(1), a party may apply to the presiding justice for an extension on a showing that there is good cause. (Rule 8.212(b)(3); see also rules 8.50, 8.60 and 8.63.) The request must contain specific facts showing good cause for granting the application and state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted, their length and whether granted by stipulation or by the court. (Rules 8.50, 8.60(c) and 8.63(b).) In determining good cause, the reviewing court considers the factors listed in rule 8.63(b).

2. Criminal and Juvenile Delinquency Cases:

a. The time for filing a brief in a criminal case cannot be extended by stipulation of the parties. (Rules 8.360(c)(4) and 8.60.)

b. A party may apply to the presiding justice for an extension on a showing of good cause. (Rules 8.212(b)(3), 8.360(c)(4), 8.50, 8.60 and 8.63.) The request must contain specific facts showing good cause for granting the application and state when the brief is due, how long an extension is requested, and whether any prior extensions have been granted and their length. (Rules 8.50, 8.60 and 8.63.) In determining good cause, the reviewing court considers the factors listed in rule 8.63(b).

3. Other Juvenile Cases:

Under rules 8.412 and 8.416 in juvenile appeals under Welfare and Institutions Code section 300 et seq. and Civil Code section 232, only the reviewing court can grant extensions to serve and file briefs. An exceptional showing of good cause is required before the court will grant any extension.

4. A party must file the original request for an extension with proof of service on opposing counsel together with copies and preaddressed, stamped envelopes for each party. (Rule 8.50.) In a civil case, the client must also be served with any extension request. The evidence of mailing or other delivery to the client need not state the address. (Rule 8.60(f)(1).) Once the court has ruled on the request, the copies will be conformed and mailed to the parties in the envelopes provided. In a criminal matter, no envelope is necessary for the Attorney General.

5. All requests to extend time to file briefs are considered immediately. (Ct. App., Fourth Dist., Div. One, Internal Operating Practices & Proc., XI, Motions.)

D. Rule 8.220(a) and Rule 8.360(c)(5) Notices

1. If an appellant's opening brief or a respondent's brief is not timely filed, the court will send a notice under rule 8.220(a) (civil cases), rule 8.360(c)(5) (criminal and juvenile delinquency cases) or rule 8.416(g) (all other juvenile cases). This notice gives a party in a civil case an additional 15 days (rule 8.220(a)), a party in a criminal or juvenile delinquency case an additional 30 days (rule 8.360(c)(5)) or a party in a juvenile case an additional 15 days (rule 8.416(g)) within which to file the brief.

2. If the appellant's opening brief is not filed within 15 days in a civil case from the date of the rule 8.220(a)(1) notice, 30 days in a criminal or juvenile delinquency case from the date of the rule 8.360(c)(5) notice or 15 days in all other juvenile cases from the date of the rule 8.416(g) notice, the appeal may be dismissed. (Rules 8.220 (a)(1), 8.360(c)(5) and 8.416(g).) If the respondent's brief is not timely filed from the date of the notice, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant. (Rules 8.220(a)(2), 8.360(c)(5) and 8.416(g).)

3. Within the grace period, a party may apply under rule 8.50 for an extension of that time period for good cause. If a brief is not filed within the extended period granted by the court, the court may impose the sanction under rule 8.220(c) without further notice. (Rule 8.220(d).)

4. No Further Notices. This court will only issue one notice under rule 8.220.

E. Filings Falling on Court Holidays or Weekends. (Rule 1.10 and Code of Civil Procedure, section 12a.) If the last day for the performance of any act provided or required by law to be performed within a specified period of time shall be a holiday, then that period is hereby extended to and including the next day which is not a holiday.