Cover Colors, Length Limits & Copies Required by Court Filed in the California Court of Appeal, First Appellate District, and California Supreme Court

 

COURT OF APPEAL, FIRST APPELLATE DISTRICT:

Documents must be filed through the TrueFiling electronic filing system, pursuant to Local Rule 16. See our extensive materials on using the TrueFiling system.

Warning: Other Districts have different filing requirements.

 

Brief Cover
Rule 8.40(b)(1)
Length Limit Copies for Court**
Rule 8.44 Local R. 16
Due Date
AOB Green* 25,500 words (Rule 8.360(b)(1)) 1 PDF See appointment order (Rule 8.360(c)(1))
Respondent's Brief Yellow* 25,500 words (Rule 8.360(b)) 1 PDF 30 days after AOB (Rule 8.360(c)(2))
Reply Brief Tan* 25,500 words (Rule 8.360(b)) 1 PDF 20 days after RB (Rule 8.360(c)(3))
Petition for Rehearing Orange* 25,500 words (Rule 8.360(b)) 1 PDF 15 days after decision (Rule 8.268(b)(1))
Answer to Pet. for Reh'g Blue* 25,500 words (Rule 8.360(b)) 1 PDF 8 days after court order (Rule 8.268(b)(2))
Habeas Corpus Petition (filed by counsel) Red* 14,000 words (Rule 8.204(c)(1), 8.384(a)(2)) 1 PDF n/a

* Cover for Court's PDF should be white; colored covers are optional for any paper service copies.

** Local Rule 16(i) permits the filing of a paper version of a document only if all three of the following conditions are met: “(1) [the document] is not available in electronic format; (2) it must therefore be scanned to PDF; and (3) the file size of the scanned document exceeds the [25 MB] limit . . . .”

 

CALIFORNIA SUPREME COURT:

Mandatory efiling commenced Sept. 1, 2017 for petitions for review and related documents, and for capital cases. More information is available on the FDAP website and the Court's website. Efiling is not available for briefing on the merits or habeas corpus petitions.

 

Pleadings in Connection with Petitions for Review Cover
Rule 8.40(b)(1)
Length Limit Copies for Court
Rule 8.44 & S.Ct. Efiling Rule 3(a)(1)
Due Date - Electronically Filed PDF Due Date - Paper Copy
Petition for Review White 8,400 words Rule 8.504(d)(1) 1 PDF and 1 unbound paper copy
PDF Electornically filed: 10 days after decision final as to Ct. of Appeal (Rule 8.500(e)(1); see also rules 8.366(b) [finality in criminal appeal] 8.387(b) [finality in habeas proceeding]; 8.264(b) and 8.470 [finality in juvenile appeal]) the paper copy must be “mailed, delivered to a common carrier, or delivered to the court” within two court days of the electronic filing. (S.Ct. Elec. Filing Rule 5(a)(2).)
Answer to Pet. For Review Blue 8,400 words Rule 8.504(d)(1) 1 PDF and 1 unbound paper copy 20 days after petition (Rule 8.500(e)(4))
Reply to Answer to Pet. for Rev. White 4,200 words Rule 8.504(d)(1) 1 PDF and 1 unbound paper copy 10 days after answer (Rule 8.500(e)(5))
Pleadings in Connection with Merits Briefing Cover
Rule
8.40(b)(1)
Length Limit Copies for Court***
Rule
8.44
Due Date
Opening Brief on Merits White 14,000 words Rule 8.520(c)(1) Orig. + 8 paper + 1 PDF 30 days after rev. granted (Rule 8.250(a)(1))
Answering Brief on Merits Blue 14,000 words Rule 8.520(c)(1) Orig. + 8 paper + 1 PDF 30 days after Opening Brief (Rule 8.250(a)(2))
Reply Brief on Merits White 8,400 words Rule 8.520(c)(1) Orig. + 8 paper + 1 PDF 20 days after answering brief (Rule 8.250(a)(3))
Suppl. Brief on new authorities or legis. not available for brief on merits not stated in rules 2,800 words (Rule 8.520(d)(2)) Orig. + 8 paper + 1 PDF 10 days before oral arg (Rule 8.250(d)(2))
Petition for Rehearing Orange 14,000 words Rule 8.520(c)(1) Orig. + 8 paper + 1 PDF 15 days after opinion Rules 8.268(b)(1); 8.536(b)
Answer to Pet. for Reh'g Blue 14,000 words Rule 8.520(c)(1) or 8.204(c)(1), 8.268(b)(3), and 8.536(b) Orig. + 8 paper + 1 PDF 8 days after petition Rule 8.536(b)
Habeas Corpus Petition (filed by counsel) Red 14,000 words (Rule 8.204(c)(1), 8.384(a)(2))

writ: Orig. + 8 paper + 1 PDF; supporting docs: Orig. + 2

n/a
*** Effective January 1, 2014, for briefs on the merits, parties have the option of filing either an original and 13 paper copies or an original, eight paper copies and one electronically-submitted PDF copy. (Rule 8.44(a)(1).) For a petition within the Court's original jurisdiction (e.g. a habeas petition), parties now have the option of filing either an original and 10 paper copies or an original, eight paper copies and one electronically-submitted PDF copy. (Rule 8.44(a)(2).) Because the eight-paper-copies-one-PDF option is the least expensive option and because it is not a burdensome option, we will be recommending reimbursement on copying, binding, and shipping of the original and only 8 paper copies (not 13) served on the Supreme Court.