1-1. What are Division Three's filing hours and procedures?

A. The filing window at the clerk's office is open from 8 a.m. to 4 p.m. The telephone hours for the clerk’s office are from 8 a.m. to 5 p.m. Click here for the court's physical address, mailing address and telephone number. Click here for driving and parking directions to the clerk's office.

B. The clerk's office only accepts filings for appeals and writs arising for the Fourth District, Division Three (arising from the Orange County Superior Court.) Appellate matters for the Fourth District, Division One (arising from San Diego and Imperial counties) must be filed in San Diego (click here for address). Appellate matters for the Fourth District, Division Two (arising from Inyo, Riverside and San Bernardino counties) must be filed in Riverside (click here for address).

C. Motions and oppositions are deemed filed on the date the clerk's office receives it. The special rules for overnight delivery apply only to briefs (including petitions for rehearing), not motions. (Rule 8.25(b).)

D. The court does not have a drop box for after hours filing. The court does not accept fax filings or e mailed documents.

E. California Supreme Court documents cannot be filed with Division Three. The clerk's office for Division One in San Diego does function as a satellite filing office for the California State Supreme Court. Further information is available from the Fourth District Court of Appeal, Division One. However, you must mail your service copies of your appellate briefs directly to the Supreme Court. For further information concerning Supreme Court procedures, consult the rules or call (213) 830-7570 (Los Angeles) or (415) 865-7000 (San Francisco).

F. Only counsel of record or a self-represented party may file a document in the appeal. If counsel is being substituted, the substitution of attorneys must be served and filed before any documents can be accepted from the new attorney. The substitution of attorneys must be signed by the retiring counsel, new counsel, and client, and it must be accompanied by a proof of service on all parties when presented for filing. (See Rule 8.36 for more information.)

G. Documents for the Judicial Settlement Program, including SCIF's, ordinarily should be filed with the clerk's office, not at the court's judicial settlement chambers. Such documents are kept in a sealed, confidential folder and are not considered part of the court's record on appeal.