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1-5. When I file a document, what color is the cover, how many copies do I need, and who do I serve?

  1. Below is information about filing the following types of documents and court papers with Division Three in Santa Ana.
  2. Briefs Motions
    Writs Applications and Requests
    Court Forms  
  3. All of these documents are filed with the clerk's office in Santa Ana. There are no additional filing or appearance fees for these types of documents.
  4. All of these documents are served upon the other parties to the appeal or writ. Depending upon the type of document, service also may be required upon other courts, such as the superior court or the California Supreme Court, and upon other entities or persons. Be sure that your proof of service includes all the necessary persons, entities and other courts upon which service must be made. It is helpful to include the state bar numbers of counsel for each separately represented party.
  5. The table below lists the FILING and SERVICE requirements for particular appellate documents in Division Three. Be sure that your proof of service includes all the necessary persons, entities and other courts upon which service must be made. Click here for further information on how to file a motion.
Type of Document Cover Color To File: To Serve:

Briefs (Rules 8.40 and 8.44(b))

Appellant's Opening Brief - Civil
(Rules 8.200, 8.204, 8.212 and 8.216)
GreenOriginal plus 4Superior Court
All parties
Calif. Supreme Court (4 copies to Supreme Ct.)
Joint Appendix (Rule 8.124(b))WhiteOriginalAll parties (unless parties otherwise agree - Rule 8.124(e)(1)(A))
Appellant's Appendix (Rule 8.124(b))GreenOriginalAll parties
Appellant's Opening Brief - Criminal
(Rule 8.360)
GreenOriginal plus 4Superior Court
District Attorney
Attorney General
Appellate Defenders, Inc.
Defendant
Appellant's Opening Brief - Juvenile Dependency
(Rule 8.412)
GreenOriginal plus 4Superior Court
County Counsel
Counsel for Minor(s)
Appellate Defenders, Inc.
Respondent's Brief - Civil
(Rules 8.200, 8.204, 8.212 and 8.216)
YellowOriginal plus 4Superior Court
All parties
Calif. Supreme Court (4 copies to Supreme Ct.)
Respondent's Appendix (Rule 8.124(b)(6))YellowOriginalAll parties
Combined Respondent's Brief / Cross-Appellant's Opening Brief (Rule 8.216)YellowOriginal plus 4Superior Court
All parties
Calif. Supreme Court (4 copies)
Respondent's Brief - Criminal
(Rule 8.360)
YellowOriginal plus 4Superior Court
Counsel for Appellant
Appellate Defenders, Inc.
Defendant
Respondent's Brief -Juvenile Dependency
(Rule 8.412)
YellowOriginal plus 4Superior Court
Counsel for Appellant
Counsel for Minor(s)
Appellate Defenders, Inc.
Appellant's Reply Brief -Civil
(Rule 8.200, 8.204, 8.212, and 8.216)
TanOriginal plus 4Superior Court
All parties
Calif. Supreme Court (4 copies to Supreme Ct.)
Appellant's Reply Appendix (Rule 8.124(b)(7))TanOriginalAll parties
Combined Appellant's Reply Brief / Cross-Respondent's Brief (Rule 8.216)TanOriginal plus 4Superior Court
All parties
Calif. Supreme Court (4 copies to Supreme Ct.)
Appellant's Reply Brief -Criminal
(Rule 8.360)
TanOriginal plus 4Superior Court
District Attorney
Attorney General
Appellate Defenders, Inc.
Defendant
Appellant's Reply Brief -Juvenile Dependency
(Rule 8.412)
TanOriginal plus 4Superior Court
County Counsel
Counsel for Minor(s)
Appellate Defenders, Inc.
Amicus Curiae Brief
(Rules 8.200(c), 8.204 and 8.360(f))
GrayOriginal plus 4Superior Court
All parties
Attorney General's Amicus Curiae Brief
(Rules 8.200(c)(6) and 8.360(f))
GrayOriginal plus 4Superior Court
All parties
Post-Briefing Citation of Additional Authorities (Local IOPP § III(A)(4))No CoverOriginal plus 4All parties
Petition for Rehearing
(Rule 8.268)
OrangeOriginal plus 4Same as for briefs
Answer to Rehearing
(Rule 8.268)
BlueOriginal plus 4Same as for briefs

Writs

Petition for Writ
(Rule 8.490)
RedOriginal plus 4Superior Court
All parties
Exhibits to Petition for Writ
(Rule 8.490(c) and (d))
RedOriginal onlyAll parties (Exhibits need not be served on Superior Court)
Informal Response (Preliminary Opposition)
(Rule 8.490(g))
RedOriginal plus 4Superior Court
All parties
Return or Answer to Petition
(Rule 8.490(h))
RedOriginal plus 4Superior Court
All parties
Reply to Return or Answer
(Rule 8.490(h))
RedOriginal plus 4Superior Court
All parties
Petition for Writ of Habeas Corpus - filed by attorney for party
(Rule 8.384)
RedOriginal plus 4Superior Court
Attorney General
District Attorney
Petition for Writ of Habeas Corpus - unrepresented party (Rules 8.44(b)(2) and 8.380)RedOriginalSuperior Court
Attorney General
District Attorney
Petition for Writ of Mandate - Juvenile Dependency
(Rules 8.452 and 8.456)
RedOriginal plus 4Superior Court
County Counsel
All parties
See Rule 8.452(d) and Rule 8.456(d) for additional service requirements
Petition for Writ of Review - ABC
(Business & Professions Code §§23090-23090.7)
RedOriginal plus 4Department of ABC
All parties
Petition for Writ of Review - WCAB
(Rule 8.494)
RedOriginal plus 42 copies on WCAB - San Francisco
All parties
Petition for Writ of Review - PUC
(Rule 8.496)
RedOriginal plus 4Public Utilities Commission (1 copy on Executive Director; 1 copy on General Counsel)
All parties
Petition for Writ of Review - ALRB
(Rule 8.498)
RedOriginal plus 4ALRB
All parties
Petition for Writ of Review - PERB
(Rule 8.498)
RedOriginal plus 4Public Employment Relations Board
All parties

Motions

All Motions and Opposition to Motions (Rules 8.44(b)(4), 8.54 and 8.57; Code Civ. Proc., sec. 1013)No CoverOriginal plus 3All parties
Request for Judicial Notice - (Rule 8.252(a)) - must be made by motion; do not simply include such a request in your briefNo CoverOriginal plus 3All parties

Applications and Requests

Abandonment/Dismissal/Settlement
(Rule 8.244)
No CoverOriginalSuperior Court
All parties
(You also must telephone the clerk's office if the case has been calendared for oral argument - Local IOPP § V(A))
Constructive Appeal (In re Benoit (1973) 10 Cal.3d 72)No CoverOriginal plus 4Attorney General
District Attorney
Appellate Defenders, Inc.
Dismissal by Respondent
(Rule 8.57)
No CoverOriginal plus 3All parties
Stipulated Request for Reversal (Code Civ. Proc., §128(a)(8); Local IOPP § V(C))No CoverOriginal plus 3All parties;
All Clients (need not include clients' addresses)
Extension of Time - Civil
(Rules 8.50, 8.60(f), 8.63, 8.212(b))
No CoverOriginal plus extra copies for orderAll parties (include stamped, addressed envelopes for yourself and each party)
Your Client
Extension of Time
Criminal
(Rules 8.50, 8.60(f) and 8.63)
No CoverOriginal plus extra copies for orderAll parties (include stamped, addressed envelope for yourself only, none needed for Attorney General or Appellate Defenders)
Oral Argument Request/Waiver (Local IOPP § III(A)(1))No CoverOriginal (can be in letter form)All parties
Oral Argument Request for Continuance (Local IOPP § III(A)(3))No CoverOriginal (can be in letter form)All parties; must indicate opposing party's position
Pro Hac Vice
(Rule 9.40(c)(2))
No CoverOriginal plus 3All parties
State Bar of California (at SF office)
Substitutions - Attorney or Party
(Rules 8.36(a), 8.36(b))
No CoverOriginal plus 1Superior Court (for attorney substitutions)
All parties
Attorney's Request to Withdraw (Rule 8.36(c))No CoverOriginal plus 3Attorneys directly affected
Requesting Attorney's Client (need not include address)
Request for Publication of Unpublished Opinion (Rule 8.1120)No Cover (by letter)OriginalAll parties to appeal (request may be made by any person)

Court Forms

Civil Case Information Statement (CCIS)
(Rule 8.100(f))
No CoverOriginalAll parties; an electronic copy of the CCIS is located here.
Settlement Conference Information Form (SCIF)
(Local IOPP § IV(D))
No CoverOriginal plus 1Optional on other parties (document is confidential with court); an electronic copy of the SCIF is located here.
Certificate of Interested Entities or Persons
Rules 8.208, 8.490(i), 8.494(c), 8.496(c) & 8.498(d))
No CoverOriginalAll parties. Also include a copy of the certificate in your principal brief after the cover and before the tables.
Change of Address
(Rule 8.32)
No CoverOriginalAll parties

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