filing requirements chart

AOB & Suppl. AOB

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

25,500 words
(Rule 8.360(b))

See AOB

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

Reply Brief

25,500 words
(Rule 8.360(b))

See AOB

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

Petition for Rehearing

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

25,500 words
(Rule 8.360(b))

See AOB

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

Original Writ
(or answer)

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

See AOB

n/a

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

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

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

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.

4,200 words
(Rule 8.504(d)(1))

See Petn. Review

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

Opening Brief on Merits

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

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

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

2,800 words
(Rule 8.520(d)(2))

See Petn. Review

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

Petition for Rehearing

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

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

See Petn. Review

8 days after petition (Rule 8.536(b))

Original Writ
(or answer)

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.

Petition for Writ of Certiorari

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)