Appellant's opening brief: 40 days after record filed
40 days after date the record (or, after a rule 8.124 appendix election, the reporter's transcript) was filed in the reviewing court, under Cal. Rules of Court, rule 8.212(a)(1)(A).
Rule text
(1) An appellant must serve and file its opening brief within: (A) 40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court; or (B) 70 days after the filing of a rule 8.124 election, if the appeal proceeds without a reporter's transcript.
Calculate this deadline
- Trigger (Date the record (or, after a rule 8.124 appendix election, the reporter's transcript) was filed in the reviewing court): Friday, November 6, 2026.
- Exclude the trigger day and count 40 calendar days: Wednesday, December 16, 2026.
Cal. Rules of Court, rule 8.212(a)(1)(A)
(1) An appellant must serve and file its opening brief within: (A) 40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court; or (B) 70 days after the filing of a rule 8.124 election, if the appeal proceeds without a reporter's transcript.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Use aob_appendix_no_rt instead when the appeal proceeds by appendix without a reporter's transcript. Extensions: parties may stipulate to extend EACH period by up to 60 days total, filed before the brief is due (8.212(b)(1)); further extensions only by application to the presiding justice on good cause (8.212(b)(3); 8.60, 8.63). Runs from FILING, so no CCP 1013/1010.6 service extension. Rule 8.25(b)(3) treats a brief as timely if mailed by priority/express mail or delivered to an overnight carrier on or before the due date (filing rule, not an extension). Some statutes limit extensions (e.g., Pub. Resources Code 21167.6(h) in CEQA cases). In cross-appeals the court-ordered sequence under 8.216 controls.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the record (or, after a rule 8.124 appendix election, the reporter's transcript) was filed in the reviewing court on Monday, March 15, 2027, personal service: due Monday, April 26, 2027.
- Trigger (Date the record (or, after a rule 8.124 appendix election, the reporter's transcript) was filed in the reviewing court): Monday, March 15, 2027.
- Exclude the trigger day and count 40 calendar days: Saturday, April 24, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, April 26, 2027 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Notes
Use aob_appendix_no_rt instead when the appeal proceeds by appendix without a reporter's transcript. Extensions: parties may stipulate to extend EACH period by up to 60 days total, filed before the brief is due (8.212(b)(1)); further extensions only by application to the presiding justice on good cause (8.212(b)(3); 8.60, 8.63). Runs from FILING, so no CCP 1013/1010.6 service extension. Rule 8.25(b)(3) treats a brief as timely if mailed by priority/express mail or delivered to an overnight carrier on or before the due date (filing rule, not an extension). Some statutes limit extensions (e.g., Pub. Resources Code 21167.6(h) in CEQA cases). In cross-appeals the court-ordered sequence under 8.216 controls.
Related deadlines
- Appellant's opening brief: 70 days after appendix election (no reporter's transcript) (70 days after)
- Respondent's brief: 30 days after opening brief filed (30 days after)
- Appellant's reply brief: 20 days after respondent's brief filed (20 days after)
- Late opening or respondent's brief: 15 days after clerk's default notice (15 days after)
- Stipulation extending brief time: must be filed before the brief is due (0 days before)
- Latest brief due date obtainable by stipulation: unextended due date plus 60 days (60 days after)
- Application to presiding justice to extend brief time: before the brief is due (0 days before)
- Court of Appeal amicus curiae application: 14 days after last reply brief filed (14 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.