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filing requirements chart

Cover Colors, Length Limits & Copies Required by Court for Computer-Generated Briefs Filed in Criminal Cases in the California Court of Appeal and California Supreme Court

Download Filing Requirements Chart (PDF)

 

Brief Cover Colors
Rule 8.40(b)
Length Limit for Computers Copies & Service
Rule 8.44
Due Date

COURT OF APPEAL

AOB & Suppl. AOB

Green

25,500 words
(Rule 8.360(b))

TOTAL: Orig. + 10
Court = orig + 4
AG = 1
DA = 1
Sup.Ct. judge = 1
Client = 1
CCAP = 1
File = 1
[+1 for ea. co-appellant counsel]

See appointment order
(Rule 8.360(c)(1))

Respondent's Brief

Yellow

25,500 words
(Rule 8.360(b))

See AOB

30 days after AOB
(Rule 8.360(c)(2))

Reply Brief

Tan

25,500 words
(Rule 8.360(b))

See AOB

20 days after RB
(Rule 8.360(c)(3))

Petition for Rehearing

Orange

25,500 words
(Rule 8.360(b))

See AOB

15 days after: decision or publication order or modification order changing the judgment
(Rule 8.268(b)(1))

Answer to Pet. for Rehearing

Blue

25,500 words
(Rule 8.360(b))

See AOB

8 days after court order
(Rule 8.268(b)(2))

Original Writ
(or answer)

Red

14,000 words
(Rules 8.204(c)(1); 8.490(b)(6) excluding verification, supporting docs & pro per filings)

See AOB

n/a

CALIF. SUPREME COURT

Petition for Review after:

1. an opinion issued on direct appeal;

or

2. denial of habeas corpus that is filed on the same day as the decision in a related direct appeal

White

Tip: The petition must say "Petition for Review to Exhaust State Remedies" on the
cover if it applies. (Rule 8.508(b)(1).)

8,400 words
(Rule 8.504(d)(1))

TOTAL: Orig. + 19
Court = Orig. + 13
AG = 1
COA = 1
Sup.Ct. judge = 1
Client = 1
CCAP = 1
File = 1
[+1 for ea. co-appellant counsel]

IF EXHAUSTION:
TOTAL: Orig. + 13

Court = Orig. + 8
AG = 1
COA = 1
Client = 1
CCAP = 1
File = 1
[+1 for ea. co-appellant counsel] superior court need not be served. (Rule 8.508(c).)

10 days after decision final as to Ct. of Appeal. This means within 40 days after the issuance of the opinion.
(Rule 8.500(e)(1); see rule 8.264(b) [finality])

Other considerations:
The time for filing may not be extended; but the court may relieve a party from default under rule 8.500(e)(2) (rarely granted, and the remedy exists only for so long as the court has jurisdiction -- usually 60 days from opinion).
The date of finality is not extended if it falls on a day on which the clerk's office is closed.
If a petition is sent early, the clerk will hold it until the 31st day and then file it.
If a direct appeal and related habeas have not been formally consolidated, counsel must file a separate petition for review in each proceeding.
(Rule 8.500(d).)

Petition for Review after:

1. denial of an extraordinary writ;

or

2. habeas without an order to show cause

White

8,400 words
(Rule 8.504(d)(1))

Same as above

For summary denials, petition must be filed within 10 days. (Hogan v. Superior Court (1962) 57 Cal.2d 767; rule 8.264(b)(2)(A).)

Answer to Pet. For Review

Blue

8,400 words
(Rule 8.504(d)(1))

See Petn. Review

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))

See Petn. Review

10 days after answer (Rule 8.500(e)(5))

Opening Brief on Merits

White

14,000 words
(Rule 8.520(c)(1))

See Petn. Review

30 days after rev. granted
(Rule 8.520(a)(1))

Answering Brief on Merits

Blue

14,000 words
(Rule 8.520(c)(1))

See Petn. Review

30 days after Opening Brief (Rule 8.520(a)(2))

Reply Brief on Merits

White

4,200 words
(Rule 8.520(c)(1))

See Petn. Review

20 days after answering brief (Rule 8.520(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))

See Petn. Review

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

Petition for Rehearing

Orange

14,000 words
Rule 8.520(c)(1))

See Petn. Review

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))

See Petn. Review

8 days after petition (Rule 8.536(b))

Original Writ
(or answer)

Red

14,000 words
(Rule 8.204(c)(1); 8.490(b)(6) excluding verification, supporting docs & pro per filings)

TOTAL: Orig. + 16
Court = Orig. + 10
AG = 1
COA = 1
Sup.Ct. judge = 1
Client = 1
CCAP = 1
File = 1

In non-capital cases, should be filed at the earliest reasonable opportunity, without undue delay. (In re Swain (1949) 34 Cal.2d 300; In re Harris (1993) 5 Cal.4th 813, 828, fn.7.)

In capital cases, 180 days after final due date for reply brief. (Cal. Supreme Court Policies 1-1.1; but see Harris, supra, which says 90 days after due date for reply brief.)

Other considerations:
A late petition may be accepted if petitioner demonstrates good cause for the delay.

U.S. SUPREME COURT

Petition for Writ of Certiorari

White

30 pages
(U.S. Supreme Court Rule 33(1)(g))Double-sided

TOTAL: Orig. + 15
Court = Orig. + 10
AG = 1
COA = 1
Client = 1
CCAP = 1
File = 1

90 days after:
1) Cal. Supreme Court denial of review; or
2) dismissal of review; or
3) filing of opinion by Cal. Supreme Court if no rehearing is sought; or
4) denial of petition for rehearing by Cal. Supreme Court.
(
U.S. Supreme Court Rule 13.)

EXTREME CAUTION: The 90-day period for filing is jurisdictional, mandatory, and very strictly enforced. Time for filing may be extended upon a showing of good cause; but the application must be filed at least 10 days before the petition is due. (U.S. Supreme Court Rule 13.5)

 

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