Filing Requirements and Service Charts - First District Appellate Project

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

Filing	Length Limit	Due Date	Service copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
EOT Rule 8.60(c)	None	File 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)	None	Credits/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, 8.54	Depends 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 Motion	Rule 8.54	15 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

Filing	Length Limit	Due Date	Service copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
Appellant’s Opening Brief	25,500 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 Brief	25,500 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 Brief	25,500 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 Rehearing	7,000 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 Rehearing	7,000 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 Letter	None	File 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.

Filing	Length Limit	Due Date	Service copies (See generally Rule 8.25) See Document Filing Guide for E-Service Addresses
Petition for Review	8,400 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 Review	8,400 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 Merits	14,000 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 Merits	14,000 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 Merits	8.400 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 Authorities	2,800 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 Rehearing	7,000 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 Rehearing	7,000 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 Review	4,200 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 Corpus	14,000 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