(Subd (a) amended effective July 1, 2010; previously amended effective January 1, 2007.)
(Subd (b) amended effective January 1, 2015; previously amended effective July 1, 2010.)
(Subd (c) amended effective January 1, 2018; previously amended effective January 1, 2007, July 1, 2010, January 1, 2015, and January 1, 2017.)
The superior court may not order any extensions of time to prepare the record or to file briefs; the reviewing court may order extensions of time, but must require an exceptional showing of good cause.
Rule 8.412(d) applies if a party fails to timely file an appellant's opening brief or a respondent's brief, but the period specified in the notice required by that rule must be 15 days.
(Subd (g) amended effective July 1, 2010; adopted effective January 1, 2007.)
(Subd (h) relettered effective January 1, 2007; adopted as subd (g) effective January 1, 2005.)
Cal. R. Ct. 8.416
Advisory Committee Comment
Subdivision (c). Under rule 8.71(c), the superior court clerk may send the record to the reviewing court in electronic form.
Subdivision (g). Effective January 1, 2007, revised rule 8.416 incorporates a new subdivision (g) to address a failure to timely file a brief in all termination of parental rights cases and in dependency appeals in Orange, Imperial, and San Diego Counties. Under the new subdivision, appellants would not have the full 30-day grace period given in rule 8.412(d) in which to file a late brief, but instead would have the standard 15-day grace period that is given in civil cases. The intent of this revision is to balance the need to determine the appeal within 250 days with the need to protect appellants' rights in this most serious of appeals.
Subdivision (h). Subdivision (h)(1) recognizes certain reviewing courts' practice of requiring counsel to file any request for oral argument within a time period other than 15 days after the appellant's reply brief is filed or due to be filed. The reviewing court is still expected to determine the appeal "within 250 days after the notice of appeal is filed." (Id., Subd 8.416(e).)