Filing Requirements and Service Charts

First District Court of Appeal Filing/Service Requirements

Documents must be filed through the TrueFiling electronic filing system, pursuant to Local Rule 12.

Service on the client is not required for all filed documents (for example, EOTs, motions, applications, record omission letters). However, the attorney has a duty to keep the client reasonably informed of significant developments relating to the representation. (See Rules of Professional Conduct 1.4(a)(3).) 

Tables:

Motions & EOTs
Briefs & Petitions
Supreme Court

Motions, Applications, Extension of time Request (“EOT”), Record Omission Letters

FilingLength LimitDue DateService copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
EOT

Rule 8.60(c)		NoneFile at least 7 days before the due date. Do not request an EOT if the brief can be filed within the default periods under Rules 8.360(c)(5), 8.412(b)(5) and 8.416(g).
  • Opposing Counsel
  • Appellate Project
  • Appellate counsel for other parties on appeal, if any
  • Dependency Only: Minor’s trial counsel if minor has no counsel on appeal
Record Omission Letter (filed in the superior court)

Local Rule 4(b); Rules 8.340(b) (criminal); 8.410(a), 8.416(d) (juvenile)		None

File as soon as practicable. (Local Rule 4(b).) Certain juvenile dependency appeals or writs have a short deadline. (Rules 8.452(e)(2), 8.456(e)(2).) In an appeal from the termination of parental rights, file within 15 days after receiving the record. (Rule 8.416(d)(2).)

  • Opposing Counsel
  • Appellate Project
  • Appellate counsel for other parties on appeal, if any
  • Court of Appeal (only required if counsel wants the automatic 15 day extension under Local Rule 11(c))
Motion to Augment

Local Rule 4(c); Rules 8.340(c) (criminal); 8.410(b), 8.416(d) (juvenile)		None

File as soon as practicable and no later than 30 days after the record is filed in the Court of Appeal. (Local Rule 4(c).) Certain juvenile dependency appeals or writs have a shorter deadlines. (Rules 8.452(e)(2), 8.456(e)(2).) In an appeal from the termination of parental rights, file within 15 days after receiving the record. (Rule 8.416(d)(2).)

  • Opposing Counsel
  • Appellate Project
  • Appellate counsel for other parties on appeal, if any
  • Court of Appeal (only required if counsel wants the automatic 15 day extension under Local Rule 11(c))
Other Superior Court Filings
Credits correction letter (PC 1237.1)
Fines/Fees correction letter (PC 1237.2)
Bail Motion (PC 1272)		NoneCredits/Fines letters must be filed before the AOB, allowing sufficient time for the superior court to rule.
Bail motion must be served on District Attorney at least 5 days before the hearing. (PC 1272)
  • Appellate Project
  • District Attorney
  • Courtesy copy recommended: Attorney General, Court of Appeal, Trial counsel
Applications, Letters (other than letter briefs), Motions, Notices, and Filings Other than Briefs and Petitions
Applications: Rule 8.50(a)
Motions: Rule 8.54
First District Local Rule 4(c)		Rules 8.50, 8.54Depends on the document.
  • Opposing Counsel
  • Appellate Project
  • Appellate counsel for other parties on appeal, if any
  • Dependency Only: Minor’s trial counsel if minor has no counsel on appeal
Opposition to MotionRule 8.5415 days but notify Court of Appeal immediately if you plan to file an opposition.
  • Opposing Counsel
  • Appellate Project
  • Appellate counsel for other parties on appeal, if any
  • Dependency Only: Minor’s trial counsel if minor has no counsel on appeal

Court of Appeal Briefs and Petitions

FilingLength LimitDue DateService copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
Appellant’s Opening Brief25,500 words
Rule 8.360(b)(1)		See appointment order
Rule 8.360(c)(1)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a GAL [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad Litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases; recommended in other cases)

Criminal: Rule 8.360(d); Juvenile: Rule 8.412(e); LPS Conservatorships: Rule 8.480; Civil Commitments: Rule 8.483

Rule 8.25(a); 8.78(c) [electronic service]
Respondent’s Brief25,500 words
Rule 8.360(b)(1)		30 days after AOB filed
(Rule 8.360(c)(2))
  • Opposing Counsel
  • Superior court with delivery to trial judge
  • Client (service required unless (1) client requests otherwise or (2) client has a GAL [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases, recommended in others)

Criminal: Rule 8.360(d); Juvenile: Rule 8.412(e); LPS Conservatorships: Rule 8.480; Civil Commitments: Rule 8.483

Rule 8.25(a); 8.78(c) [electronic service]
Reply Brief25,500 words

Rule 8.360(b)(1)		20 days after RB is filed
Rule 8.360(c)(3)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a GAL [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases, recommended in other cases)

Criminal: Rule 8.360(d); Juvenile: Rule 8.412(e); LPS Conservatorships: Rule 8.480; Civil Commitments: Rule 8.483

Rule 8.25(a); 8.78(c) [electronic service]
Brief filed under seal

Rule 8.46(f)(4)		Unless the court orders otherwise, any party that had access to the sealed record in the trial court or other proceedings under review must be served with a complete, unredacted version of all papers as well as a redacted version. If a party’s attorney but not the party had access to the record in the trial court or other proceedings under review, only the party’s attorney may be served with the complete, unredacted version.
Rule 8.46(f)(4)
Petition for Rehearing7,000 words

Rule 8.204(c)(5)		15 days after Court of Appeal opinion
Rule 8.268(b)(1)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a GAL[service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases; recommended in other cases)

Criminal: Rule 8.360(d); Juvenile: Rule 8.412(e); LPS Conservatorships: Rule 8.480; Civil Commitments: Rule 8.483

Rule 8.25(a); 8.78(c) [electronic service]
Answer to Petition for Rehearing7,000 words

Rule 8.204(c)(5)		8 days after order requesting an Answer

Rule 8.268(b)(2)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases; recommended in other cases)

Criminal: Rule 8.360(d); Juvenile: Rule 8.412(e); LPS Conservatorships: Rule 8.480; Civil Commitments: Rule 8.483

Rule 8.25(a); 8.78(c) [electronic service]
New Authority LetterNoneFile as soon as possible after learning of new authority and before issuance of the opinion. 

Rule 8.254(c); Local Rule 16
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Client (service required unless 1) client requests otherwise or 2) client has a GAL [service on a parent client who has a G.A.L. is recommended]
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (required in juvenile cases; recommended in other cases)
Petition for Writ of Habeas Corpus (filed by counsel)14,000 words

Word limit applies only to the memorandum of points and authorities. Rule 8.384(c). There is no word limit for the petition portion of the pleading.
Rule 8.204(c), 8.384(a)(2)		In the First District, the Court will accept habeas petition if filed shortly after ARB, but may not consider petition if filed too close to oral argument. See State Habeas Material for more information.

Petition, Informal Briefing, and Traverse:

  • Client
  • Attorney General
  • District Attorney of county where person is held in custody (PC 1475)
  • District Attorney in county of conviction
  • Superior Court or Court of Appeal (unless filed there)
  • Trial and/or appellate counsel
  • Appellate Project

California Supreme Court

Documents must be filed through the TrueFiling electronic filing system pursuant to Supreme Court policy.

FilingLength LimitDue DateService copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
Petition for Review8,400 words

Rules 8.504(d)		Generally due 31–40 days after the Court of Appeal opinion is filed (decision is final in 30 days and the PFR is due 10 days after the decision is final). Under circumstances in which the decision is final upon filing, the PFR is due within 10 days. Rules 8.366(b); 8.264(b); 8.387; 8.470; 8.480(a); 8.482(a); 8.483(a)


CRC 8.500(e)(1)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Court of Appeal
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)

Practice Note for exhaustion petition: Service on Court of Appeal clerk required but service on the superior court is not required [Rule 8.508(c)]

Rule 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Answer to Petition for Review8,400 words

Rule 8.504(d)(1)		20 days after petition is filed

Rule 8.500(e)(4)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Court of Appeal
  • Client (service required unless 1) client requests otherwise or 2) client has a Guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
Opening Brief on the Merits14,000 words

Rule 8.520(c)(1)		30 days after the order granting review is filed

Rule 8.520(a)(1)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian as litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Answering Brief on the Merits14,000 words

Rule 8.520(c)(1)		30 days after the opening brief is filed

Rule 8.520(a)(2)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Reply Brief on the Merits8.400 words

Rule 8.520(c)(1)		20 days after the answering brief is filed

Rule 8.520(a)(3)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Supplemental Brief Regarding New Authorities2,800 words

Rule 8.520(d)(2)		10 days before oral argument

Rule 8.520(d)(2)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 efiling
Petition for Rehearing7,000 words

Rules 8.204(c)(5), 8.268(b)(3), 8.536(b)		15 days after opinion is filed

Rules 8.268(b)(1)(A), 8.536(b)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 efiling
Answer to Petition for Rehearing7,000 words

Rules 8.204(c)(5), 8.268(b)(3), 8.536(b)		8 days after order requesting answer is filed

Rule 8.268(b)(2)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s Guardian ad litem (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Rules 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Reply to Answer to Petition for Review4,200 words

Rule 8.504(d)(1)		10 days after answer is filed

Rule 8.500(e)(5)
  • Opposing counsel
  • Appellate counsel for other parties on appeal, if any
  • Superior Court with delivery to trial judge
  • Client (service required unless 1) client requests otherwise or 2) client has a Guardian ad litem [service on a parent client who has a GAL is recommended )
  • Client’s GAL (in dependency, if the parent is the client and has been appointed a GAL, service to client is also recommended)
  • Appellate Project
  • District Attorney (criminal and delinquency)
  • Minor’s trial counsel (juvenile)
  • Client’s trial counsel (not required, but recommended)
  • Court of Appeal

Practice Note for exhaustion petition: Service on Court of Appeal clerk required but service on superior court clerk is not required [Rule 8.508(c)]

Rules 8.25, 8.500(f)(1)-(2); 8.70 [efiling]
Petition for Writ of Habeas Corpus14,000 words

Word limit applies only to the petition memorandum. Rule 8.384(c). There is no word limit for the petition pleading.
Rules 8.204(c), 8.384(a)(2)		No statutory deadline but must be filed without substantial delay under a reasonableness standard.
  • District Attorney of county where person is held in custody (PC 1475)
  • Attorney General
  • District Attorney in county of conviction
  • Superior Court or Court of Appeal
  • Trial and/or appellate counsel
  • Appellate Project