(Subd (a) amended effective January 1, 2021; previously amended effective January 1, 2007.)
(Subd (b) amended effective July 1, 2012; previously amended effective January 1, 2007, January 1, 2009, July 1, 2010, and January 1, 2011.)
(Subd (c) amended effective January 1, 2018; adopted effective October 28, 2011.)
Cal. R. Ct. 8.25
Advisory Committee Comment
Subdivision (a). Code of Civil Procedure sections.6-1013a describe generally permissible methods of service. Information Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) provides additional information about how to serve documents and how to provide proof of service. In the Supreme Court and the Courts of Appeal, registration with the court's electronic filing service provider is deemed to show agreement to accept service electronically at the email address provided, unless a party affirmatively opts out of electronic service under rule 8.78(a)(2)(B). This procedure differs from the procedure for electronic service in the superior courts, including their appellate divisions. See rules 2.250-2.261.
Subdivision (b). In general, to be filed on time, a document must be received by the clerk before the time for filing that document expires. There are, however, some limited exceptions to this general rule. For example, (5) provides that if the clerk receives a document by mail from a custodial institution after the deadline for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing before the deadline expired, the document is deemed timely. This provision applies to notices of appeal as well as to other documents mailed from a custodial institution and reflects the "prison-delivery" exception articulated by the California Supreme Court in In re Jordan (1992) 4 Cal.4th 116 and Silverbrand v. County of Los Angeles (2009) 46 Cal.4th 106.
Note that if a deadline runs from the date of filing, it runs from the date that the document is actually received and deemed filed under (b)(1); neither (b)(3) nor (b)(5) changes that date. Nor do these provisions extend the date of finality of an appellate opinion or any other deadline that is based on finality, such as the deadline for the court to modify its opinion or order rehearing. Subdivision (b)(5) is also not intended to limit a criminal defendant's appeal rights under the case law of constructive filing. (See, e.g., In re Benoit (1973) 10 Cal.3d 72.)
Subdivision (b)(3). This rule includes applications to file amicus curiae briefs because, under rulesand , a proposed amicus curiae brief must accompany the application to file the brief.
Subdivision (c). Government Code sectionestablishes fees in civil cases for filing a notice of appeal, filing a petition a for a writ within the original civil jurisdiction of the Supreme Court or a Court of Appeal, and for a party other than appellant or petitioner filing its first document in such an appeal or writ proceeding in the Supreme Court or a Court of Appeal. Government Code section establishes fees for filing a petition for review in a civil case in the Supreme Court and for a party other than the petitioner filing its first document in a civil case in the Supreme Court. These statutes provide that fees may not be charged in appeals from, petitions for writs involving, or petitions for review from decisions in juvenile cases or proceedings to declare a minor free from parental custody or control, or proceedings under the Lanterman-Petris-Short Act (Part 1 (commencing with Section ) of Division 5 of the Welfare and Institutions Code).
Subdivision (c)(2)(A) and (D). Under rule 8.100(f), "notice of appeal" includes a notice of a cross-appeal and a respondent who files a notice of cross-appeal in a civil appeal is considered an appellant and is required to pay the fee for filing a notice of appeal under Government Code section.
A person who files an application to file an amicus brief is not a "party" and therefore is not subject to the fees applicable to a party other than the appellant or petitioner.
Subdivision (c)(3). Ruleestablishes the procedures applicable when an appellant in a civil appeal fails to pay the fee for filing a notice of appeal or the deposit for the clerk's transcript that must also be paid at that time.