Appellate Rules
Current through July 1, 2025
Chapter 1 · Rules Relating to the Supreme Court and Courts of Appeal
- 8.1 Title
- 8.10 Definitions and use of terms
- 8.100 Filing the appeal Deadlines
- 8.104 Time to appeal Deadlines
- 8.108 Extending the time to appeal Deadlines
- 8.11 Scope of rules
- 8.112 Petition for writ of supersedeas Deadlines
- 8.116 Request for writ of supersedeas or temporary stay
- 8.120 Record on appeal
- 8.121 Notice designating the record on appeal Deadlines
- 8.122 Clerk's transcript Deadlines
- 8.123 Record of administrative proceedings Deadlines
- 8.124 Appendixes Deadlines
- 8.128 Superior court file instead of clerk's transcript Deadlines
- 8.13 Amendments to rules
- 8.130 Reporter's transcript Deadlines
- 8.134 Agreed statement Deadlines
- 8.137 Settled statement Deadlines
- 8.140 Failure to procure the record Deadlines
- 8.144 Form of the record
- 8.147 Record in multiple or later appeals in same case
- 8.149 When the record is complete
- 8.150 Filing the record
- 8.153 Lending the record Deadlines
- 8.155 Augmenting and correcting the record Deadlines
- 8.16 Amendments to statutes
- 8.163 Presumption from the record
- 8.18 Documents violating rules not to be filed
- 8.20 California Rules of Court prevail
- 8.200 Briefs by parties and amici curiae Deadlines
- 8.204 Contents and format of briefs
- 8.208 Certificate of Interested Entities or Persons Deadlines
- 8.212 Service and filing of briefs Deadlines
- 8.216 Appeals in which a party is both appellant and respondent Deadlines
- 8.220 Failure to file a brief Deadlines
- 8.224 Transmitting exhibits Deadlines
- 8.23 Sanctions to compel compliance
- 8.240 Calendar preference
- 8.244 Settlement, abandonment, voluntary dismissal, and compromise Deadlines
- 8.248 Prehearing conference
- 8.25 Service, filing, and filing fees Deadlines
- 8.252 Judicial notice; findings and evidence on appeal
- 8.254 New Authorities
- 8.256 Oral argument and submission of the cause Deadlines
- 8.26 Waiver of fees and costs Deadlines
- 8.264 Filing, finality, and modification of decision Deadlines
- 8.268 Rehearing Deadlines
- 8.272 Remittitur
- 8.276 Sanctions Deadlines
- 8.278 Costs on appeal Deadlines
- 8.29 Service on nonparty public officer or agency
- 8.300 Appointment of appellate counsel by the Court of Appeal
- 8.304 Filing the appeal; certificate of probable cause Deadlines
- 8.308 Time to appeal Deadlines
- 8.312 Stay of execution and release on appeal
- 8.316 Abandoning the appeal
- 8.32 Address and other contact information of record; notice of change
- 8.320 Normal record; exhibits
- 8.324 Application in superior court for addition to normal record Deadlines
- 8.332 Juror-identifying information
- 8.336 Preparing, certifying, and sending the record Deadlines
- 8.340 Augmenting or correcting the record in the Court of Appeal
- 8.344 Agreed statement Deadlines
- 8.346 Settled statement Deadlines
- 8.36 Substituting parties; substituting or withdrawing attorneys
- 8.360 Briefs by parties and amici curiae Deadlines
- 8.361 Certificate of interested entities or persons
- 8.366 Hearing and decision in the Court of Appeal Deadlines
- 8.368 Hearing and decision in the Supreme Court
- 8.380 Petition for writ of habeas corpus filed by petitioner not represented by an attorney
- 8.384 Petition for writ of habeas corpus filed by an attorney for a party Deadlines
- 8.385 Proceedings after the petition is filed Deadlines
- 8.386 Proceedings if the return is ordered to be filed in the reviewing court Deadlines
- 8.387 Decision in habeas corpus proceedings Deadlines
- 8.388 Appeal from order granting relief by writ of habeas corpus
- 8.390 Application
- 8.391 Qualifications and appointment of counsel by the Court of Appeal
- 8.392 Filing the appeal; certificate of appealability Deadlines
- 8.393 Time to appeal Deadlines
- 8.394 Stay of execution on appeal
- 8.395 Record on appeal Deadlines
- 8.396 Briefs by parties and amici curiae Deadlines
- 8.397 Claim of ineffective assistance of trial counsel not raised in the superior court Deadlines
- 8.398 Finality
- 8.4 Application of division
- 8.40 Cover requirements for documents filed in paper form
- 8.400 Application
- 8.401 Confidentiality
- 8.403 Right to appointment of appellate counsel and prerequisites for appeal
- 8.404 Stay pending appeal
- 8.405 Filing the appeal Deadlines
- 8.406 Time to appeal Deadlines
- 8.407 Record on appeal Deadlines
- 8.408 Record in multiple appeals in the same case
- 8.409 Preparing and sending the record Deadlines
- 8.41 Protection of privacy in documents and records
- 8.410 Augmenting and correcting the record in the reviewing court
- 8.411 Abandoning the appeal
- 8.412 Briefs by parties and amici curiae Deadlines
- 8.416 Appeals from all terminations of parental rights; dependency appeals in Orange, Imperial, and San Diego Counties and in other counties by local rule Deadlines
- 8.417 Appeals from orders transferring a minor from juvenile court to a court of criminal jurisdiction Deadlines
- 8.42 Requirements for signatures of multiple parties on filed documents
- 8.44 Number of copies of filed documents
- 8.45 General provisions
- 8.450 Notice of intent to file writ petition to review order setting hearing under Welfare and Institutions Code section 366.26 Deadlines
- 8.452 Writ petition to review order setting hearing under Welfare and Institutions Code section 366.26 Deadlines
- 8.454 Notice of intent to file writ petition under Welfare and Institutions Code section 366.28 to review order designating specific placement of a dependent child after termination of parental rights Deadlines
- 8.456 Writ petition under Welfare and Institutions Code section 366.28 to review order designating or denying specific placement of a dependent child after termination of parental rights Deadlines
- 8.46 Sealed records Deadlines
- 8.47 Confidential records Deadlines
- 8.470 Hearing and decision in the Court of Appeal
- 8.472 Hearing and decision in the Supreme Court
- 8.474 Procedures and data
- 8.480 Appeal from order establishing conservatorship
- 8.482 Appeal from judgment authorizing conservator to consent to sterilization of conservatee
- 8.483 Appeal from order of civil commitment
- 8.485 Application
- 8.486 Petitions Deadlines
- 8.487 Opposition and amicus curiae briefs Deadlines
- 8.488 Certificate of Interested Entities or Persons Deadlines
- 8.489 Notice to trial court Deadlines
- 8.490 Filing, finality, and modification of decisions; rehearing; remittitur Deadlines
- 8.491 Responsive pleading under Code of Civil Procedure section 418.10 Deadlines
- 8.492 Sanctions Deadlines
- 8.493 Costs
- 8.50 Applications
- 8.500 Petition for review Deadlines
- 8.504 Form and contents of petition, answer, and reply
- 8.508 Petition for review to exhaust state remedies
- 8.512 Ordering review Deadlines
- 8.516 Issues on review
- 8.520 Briefs by parties and amici curiae; judicial notice Deadlines
- 8.524 Oral argument and submission of the cause Deadlines
- 8.528 Disposition
- 8.532 Filing, finality, and modification of decision Deadlines
- 8.536 Rehearing Deadlines
- 8.54 Motions Deadlines
- 8.540 Remittitur
- 8.544 Costs and sanctions
- 8.548 Decision on request of a court of another jurisdiction Deadlines
- 8.552 Transfer for decision Deadlines
- 8.57 Motions before the record is filed
- 8.60 Extending time Deadlines
- 8.63 Policies and factors governing extensions of time Deadlines
- 8.66 Tolling or extending time because of public emergency Deadlines
- 8.68 Shortening time
- 8.7 Construction
- 8.70 Application, construction, and definitions
- 8.71 Electronic filing
- 8.72 Responsibilities of court and electronic filer
- 8.73 Contracts with electronic filing service providers
- 8.74 Format of electronic documents
- 8.75 Requirements for signatures on documents Deadlines
- 8.76 Payment of filing fees
- 8.77 Actions by court on receipt of electronically submitted document; date and time of filing Deadlines
- 8.78 Electronic service
- 8.79 Court order requiring electronic service Deadlines
- 8.80 Statement of purpose
- 8.81 Application and scope
- 8.82 Definitions
- 8.83 Public access Deadlines
- 8.84 Limitations and conditions
- 8.85 Fees for copies of electronic records
- 8.90 Privacy in opinions
Chapter 2 · Rules Relating to Death Penalty Appeals and Habeas Corpus Proceedings
- 8.601 Definitions
- 8.603 In general
- 8.605 Qualifications of counsel in death penalty appeals Deadlines
- 8.608 General provisions Deadlines
- 8.610 Contents and form of the record
- 8.611 Juror-identifying information
- 8.613 Preparing and certifying the record of preliminary proceedings Deadlines
- 8.616 Preparing the trial record Deadlines
- 8.619 Certifying the trial record for completeness Deadlines
- 8.622 Certifying the trial record for accuracy Deadlines
- 8.630 Briefs by parties and amicus curiae Deadlines
- 8.631 Applications to file overlength briefs in appeals from a judgment of death Deadlines
- 8.634 Transmitting exhibits; augmenting the record in the Supreme Court
- 8.638 Oral argument and submission of the cause Deadlines
- 8.642 Filing, finality, and modification of decision; rehearing; remittitur
- 8.652 Qualifications of counsel in death penalty-related habeas corpus proceedings Deadlines
Chapter 3 · Rules Relating to Miscellaneous Appeals and Writ Proceedings
- 8.700 Definitions and application
- 8.701 Filing and service Deadlines
- 8.702 Appeals Deadlines
- 8.703 Writ proceedings Deadlines
- 8.705 Court of Appeal costs in certain streamlined CEQA projects Deadlines
- 8.710 Application
- 8.711 Filing and service Deadlines
- 8.712 Notice of appeal Deadlines
- 8.713 Record on appeal Deadlines
- 8.714 Superior court clerk duties Deadlines
- 8.715 Briefing Deadlines
- 8.716 Oral argument Deadlines
- 8.717 Extensions of time
- 8.720 Review of Workers' Compensation Appeals Board cases Deadlines
- 8.724 Review of Public Utilities Commission cases Deadlines
- 8.728 Review of Agricultural Labor Relations Board and Public Employment Relations Board cases Deadlines
- 8.730 Filing, modification, and finality of decision; remittitur Deadlines
Chapter 4 · Rules Relating to the Superior Court Appellate Division
- 8.800 Application of division and scope of rules
- 8.802 Construction
- 8.803 Definitions
- 8.804 Requirements for signatures on documents
- 8.805 Amendments to rules and statutes
- 8.806 Applications
- 8.808 Motions Deadlines
- 8.809 Judicial notice
- 8.810 Extending time Deadlines
- 8.811 Policies and factors governing extensions of time Deadlines
- 8.812 Relief from default
- 8.813 Shortening time
- 8.814 Substituting parties; substituting or withdrawing attorneys
- 8.815 Form of filed documents
- 8.816 Address and other contact information of record; notice of change
- 8.817 Service and filing
- 8.818 Waiver of fees and costs Deadlines
- 8.819 Sealed records
- 8.820 Application of chapter
- 8.821 Notice of appeal Deadlines
- 8.822 Time to appeal Deadlines
- 8.823 Extending the time to appeal Deadlines
- 8.824 Writ of supersedeas Deadlines
- 8.825 Abandonment, voluntary dismissal, and compromise Deadlines
- 8.830 Record on appeal
- 8.831 Notice designating the record on appeal Deadlines
- 8.832 Clerk's transcript Deadlines
- 8.833 Trial court file instead of clerk's transcript Deadlines
- 8.834 Reporter's transcript Deadlines
- 8.835 Record when trial proceedings were officially electronically recorded Deadlines
- 8.836 Agreed statement Deadlines
- 8.837 Statement on appeal Deadlines
- 8.838 Form of the record
- 8.839 Record in multiple appeals
- 8.840 Completion and filing of the record
- 8.841 Augmenting and correcting the record in the appellate division Deadlines
- 8.842 Failure to procure the record Deadlines
- 8.843 Transmitting exhibits Deadlines
- 8.845 Appendixes Deadlines
- 8.850 Application of chapter
- 8.851 Appointment of appellate counsel Deadlines
- 8.852 Notice of appeal
- 8.853 Time to appeal Deadlines
- 8.854 Stay of execution and release on appeal
- 8.855 Abandoning the appeal
- 8.860 Normal record on appeal
- 8.861 Contents of clerk's transcript
- 8.862 Preparation of clerk's transcript Deadlines
- 8.863 Trial court file instead of clerk's transcript Deadlines
- 8.864 Record of oral proceedings Deadlines
- 8.865 Contents of reporter's transcript
- 8.866 Preparation of reporter's transcript Deadlines
- 8.867 Limited normal record in certain appeals Deadlines
- 8.868 Record when trial proceedings were officially electronically recorded Deadlines
- 8.869 Statement on appeal Deadlines
- 8.870 Exhibits Deadlines
- 8.871 Juror-identifying information
- 8.872 Sending and filing the record in the appellate division
- 8.873 Augmenting or correcting the record in the appellate division
- 8.874 Failure to procure the record Deadlines
- 8.880 Application
- 8.881 Notice of briefing schedule
- 8.882 Briefs by parties and amici curiae Deadlines
- 8.883 Contents and form of briefs
- 8.884 Appeals in which a party is both appellant and respondent Deadlines
- 8.885 Oral argument Deadlines
- 8.886 Submission of the cause
- 8.887 Decisions
- 8.888 Finality and modification of decision Deadlines
- 8.889 Rehearing Deadlines
- 8.890 Remittitur
- 8.891 Costs and sanctions in civil appeals Deadlines
- 8.900 Application of chapter
- 8.901 Notice of appeal
- 8.902 Time to appeal Deadlines
- 8.903 Stay of execution on appeal
- 8.904 Abandoning the appeal
- 8.910 Normal record on appeal
- 8.911 Prosecuting attorney's notice regarding the record Deadlines
- 8.912 Contents of clerk's transcript
- 8.913 Preparation of clerk's transcript Deadlines
- 8.914 Trial court file instead of clerk's transcript Deadlines
- 8.915 Record of oral proceedings
- 8.916 Statement on appeal Deadlines
- 8.917 Record when trial proceedings were officially electronically recorded Deadlines
- 8.918 Contents of reporter's transcript
- 8.919 Preparation of reporter's transcript Deadlines
- 8.920 Limited normal record in certain appeals
- 8.921 Exhibits Deadlines
- 8.922 Sending and filing the record in the appellate division
- 8.923 Augmenting or correcting the record in the appellate division
- 8.924 Failure to procure the record Deadlines
- 8.925 General application of chapter 4
- 8.926 Notice of briefing schedule
- 8.927 Briefs Deadlines
- 8.928 Contents and form of briefs
- 8.929 Oral argument Deadlines
- 8.930 Application
- 8.931 Petitions filed by persons not represented by an attorney Deadlines
- 8.932 Petitions filed by an attorney for a party
- 8.933 Opposition Deadlines
- 8.934 Notice to trial court Deadlines
- 8.935 Filing, finality, and modification of decisions; rehearing; remittitur Deadlines
- 8.936 Costs
Chapter 5 · Rules Relating to Appeals and Writs in Small Claims Cases
- 8.950 Application
- 8.952 Definitions
- 8.954 Filing the appeal
- 8.957 Record on appeal Deadlines
- 8.960 Continuances Deadlines
- 8.963 Abandonment, dismissal, and judgment for failure to bring to trial Deadlines
- 8.966 Examination of witnesses
- 8.970 Application
- 8.971 Definitions
- 8.972 Petitions filed by persons not represented by an attorney Deadlines
- 8.973 Petitions filed by an attorney for a party
- 8.974 Opposition Deadlines
- 8.975 Notice to small claims court Deadlines
- 8.976 Filing, finality, and modification of decisions; remittitur Deadlines
- 8.977 Costs
Chapter 6 · Transfer of Appellate Division Cases to the Court of Appeal
- 8.1000 Application
- 8.1002 Transfer authority
- 8.1005 Certification for transfer by the appellate division Deadlines
- 8.1006 Petition for transfer Deadlines
- 8.1007 Transmitting record to Court of Appeal Deadlines
- 8.1008 Order for transfer Deadlines
- 8.1012 Briefs and argument Deadlines
- 8.1014 Proceedings in the appellate division after certification or transfer
- 8.1016 Disposition of transferred case
- 8.1018 Finality and remittitur