California Courts: Courts: Courts of Appeal: 4th District Division 3: FAQ: What if I need more time to file a brief?

w California Courts: Courts: Courts of Appeal: 4th District Division 3: FAQ: What if I need more time to file a brief?

3-4. What if I need more time to file a brief?

A. Extensions - Civil Appeals

Stipulations (Rule 8.212(b).) You may extend time to file a brief by up to 60 days by securing a stipulation from your opponent. The stipulation must be filed in the Court of Appeal before your brief is due, and becomes effective on filing. (Rule 8.212(b)(2).)

Applications to Extend Time (Rule 8.60(c).) If the other side refuses to stipulate, or if you need more time beyond the stipulation, you must file an application for an extension. (Rule 8.212(b)(3).) You may use Judicial Council Form APP-006 for extension requests.

Factors. Include specific facts to show good cause why the application should be granted. Explain when the brief is due, how long an extension is requested, the length of the record (by number of pages), and whether any prior extensions have been granted, their length and whether granted by stipulation or by the court. (Rules 8.60(c) and 8.63(b). In determining good cause, the Presiding Justice considers such factors as: the degree of prejudice to any party, the position of the client and the opponent, the length of the record, and the number and complexity of the issues raised, whether the case is entitled to priority, and specific obligations of counsel in other cases, among other factors. (See Rule 8.63.)

Opponent's Position. It is helpful, and will speed the processing of an application, if you indicate the position of opposing counsel in a declaration indicating when opposing counsel was contacted and his/her response.

Proposed Order. Include a proposed order, to be signed by the presiding justice.

Proof of Service. Include a proof of service on opposing counsel and upon your client. The proof of service does not have to include the client's address. (Rule 8.60(f).)

Filing Requirements. File an original of your extension request (no cover) with the court. In addition, you must supply sufficient copies of the application and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).)

B. Extensions - Criminal Appeals:

You cannot stipulate to extend the time for filing a brief in a criminal case. (Rule 8.360(c)(4).)

You may apply to the Presiding Justice for an extension on a showing of good cause. (Rules 8.60, and 8.360(c)(4).) Your 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. (Rules 8.50, 8.60(c), and 8.63(b).) In determining good cause, the Presiding Justice considers the factors listed in Rule 8.63(c).

File an original plus one copy of the application (no cover) with the clerk's office. You must include a proof of service on all parties to the appeal or proceeding. In addition, you must supply sufficient copies of the application and addressed, postage-paid envelopes for the clerk's use to mail a copy of the court's order on you or any other party. (Rule 8.50(c).) NO envelope is necessary for the Attorney General or Appellate Defenders.

C. Extensions - Dependency Appeals:

You may apply to the Presiding Justice for an extension of time, but you must show "exceptional" good cause. (Rules 8.416(f), 8.450(d).) Your request must contain specific facts to meet this very high standard, and must 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. (Rules 8.50, 8.60(c), and 8.63(b).) In determining exceptional good cause, the Presiding Justice considers the factors listed in Rule 8.63(c), including the priority granted to dependency proceedings.

File the original request for an extension (no cover) with a proof of service on opposing counsel together with copies and preaddressed, stamped envelopes for each party, including yourself. (Rule 8.50(c).) Once the court has ruled on the request, the copies will be conformed and mailed to the parties in the envelopes provided.

D. Rule 8.220(a) Notices (formerly called "Rule 17(a) notices" before the appellate rules were renumbered in January 2007)

Last-Chance "Grace Period." 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). This notice automatically gives you a last-chance grace period in which to file either of these briefs, but it also warns you of serious sanctions if you miss this deadline.

For civil appeals, the notice gives you an additional 15 days from the date of mailing for your appellant's opening brief or respondent's brief. (Rule 8.220(a).) You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period, and show good cause. (Rule 8.220(d).)

For criminal appeals, the notice gives you an additional 30 days within which to file your appellant's opening brief or respondent's brief. (Rule 8.360(c)(5).) You may apply to the Presiding Justice for a further extension of time, provided that you do so within the grace period and show good cause. (Rule 8.220(d).)

For dependency appeals, the notice gives you an additional 15 days within which to file the brief. (Rule 8.416(g).) Further extensions in dependency appeals require a showing of "exceptional" good cause. (Rules 8.416(f), 8.450(d).)

No Further Notices. This court will only issue one Rule 8.220 notice for any particular brief. If any additional extensions are granted, the court may impose the sanctions for late briefs without further notice. (Rule 8.220(d).)

The clerk's office will reject any appellant's opening brief that is filed beyond the Rule 8.220(a) grace period.

The clerk's office will reject any respondent's opening brief that is filed beyond the Rule 8.220(a) grace period.

The clerk's office will reject any appellant's reply brief that is filed beyond the filing deadline. There is no additional Rule 8.220(a) grace period.

You must apply to the Presiding Justice for permission to file a late brief. Include a declaration explaining the reasons for the delay. The Presiding Justice has discretion to reject your application, particularly if you have received multiple extensions over a lengthy period of time.

If your appellant's opening brief is not filed within the Rule 8.220(a) grace period, your appeal will be dismissed. (Rule 8.220(a)(1).)

If your respondent's brief is not filed within the Rule 8.220(a) grace period, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant. You will not be entitled to participate in oral argument. (Rule 8.220(a)(2).)

Since your appellant's reply brief is optional, there are no consequences for your failure to file a timely appellant's reply brief, except that you will be unable to respond, in writing, to respondent's arguments.