(Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2004, July 1, 2004, January 1, 2006, January 1, 2007, January 1, 2013, January 1, 2014, January 1, 2016, and January 1, 2017.)
(Subd (c) amended effective January 1, 2020; previously amended effective January 1, 2007, and January 1, 2011.)
A party filing a brief may attach copies of exhibits or other materials in the appellate record or copies of relevant local, state, or federal regulations or rules, out-of-state statutes, or other similar citable materials that are not readily accessible. These attachments must not exceed a combined total of 10 pages, but on application the presiding justice may permit additional pages of attachments for good cause. A copy of an opinion required to be attached to the brief under ruledoes not count toward this 10-page limit.
(Subd (d) amended effective January 1, 2007.)
If a brief does not comply with this rule:
(Subd (e) amended effective January 1, 2006.)
Cal. R. Ct. 8.204
Advisory Committee Comment
Subdivision (b). The first sentence of subdivision (b)(1) confirms that any method of reproduction is acceptable provided it results in a clear black image of letter quality. The provision is derived from subdivision (a)(1) of ruleof the Federal Rules of Appellate Procedure (28 U.S.C.) (FRAP ).
Paragraphs (2), (3), and (4) of subdivision (b) state requirements of font, font style, and font size (see also subd. (b)(11)(C)).
Subdivision (b)(2) allows the use of any conventional font-e.g., Times New Roman, Courier, Arial, Helvetica, etc.-and permits the font to be either proportionally spaced or monospaced.
Subdivision (b)(3) requires the font style to be roman, but permits the use of italics, boldface, or underscoring for emphasis; it also requires case names to be italicized or underscored. These provisions are derived from FRAP.
Subdivision (b)(5) allows headings to be single-spaced; it is derived from FRAP. The provision also permits quotations of any length to be block-indented and single-spaced at the discretion of the brief writer.
See also ruleconcerning the format of citations. Brief writers are encouraged to follow the citation form of the California Style Manual (4th ed., 2000).
Subdivision (c). Subdivision (c) governs the maximum permissible length of a brief. It is derived from the federal procedure of measuring the length of a brief produced on a computer by the number of words in the brief. (FRAP.) Subdivision (c)(1), like FRAP , imposes a limit of 14,000 words if the brief is produced on a computer. Subdivision (c)(1) implements this provision by requiring the writer of a brief produced on a computer to include a certificate stating the number of words in the brief, but allows the writer to rely on the word count of the computer program used to prepare the brief. This requirement, too, is adapted from the federal rule. (FRAP .) For purposes of this rule, a "brief produced on a computer" includes a commercially printed brief.
Subdivision (c)(3) specifies certain items that are not counted toward the maximum brief length. Signature blocks, as referenced in this provision, include not only the signatures, but also the printed names, titles, and affiliations of any attorneys filing or joining in the brief, which may accompany the signature.
Subdivision (c)(5) clarifies that a party seeking permission to exceed the page or word limits stated in subdivision (c)(1) and (2) must proceed by application under rule, rather than by motion under rule , and must show good cause.
Subdivision (d). Subdivision (d) permits a party filing a brief to attach copies of exhibits or other materials, provided they are part of the record on appeal and do not exceed a total of 10 pages. If the brief writer attaches, under rule, a copy of an unpublished opinion or an opinion available only in computerized form, that opinion does not count toward the 10-page limit stated in rule 8.204(d).
Subdivision (e). Subdivision (e) states the consequences of submitting briefs that do not comply with this rule: (e)(1) recognizes the power of the reviewing court clerk to decline to file such a brief, and (e)(2) recognizes steps the reviewing court may take to obtain a brief that does comply with the rule. Subdivision (e)(2) does not purport to limit the inherent power of the reviewing court to fashion other sanctions for such noncompliance.