Late opening or respondent's brief: 15 days after clerk's default notice

15 days after date the reviewing court clerk sent the rule 8.220(a) notice, under Cal. Rules of Court, rule 8.220(a).

Rule text

If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party in writing that the brief must be filed within 15 days after the notice is sent and that if the party fails to comply, the court may impose one of the following sanctions: (1) If the brief is an appellant's opening brief, the court may dismiss the appeal; (2) If the brief is a respondent's brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant.

Cal. Rules of Court, rule 8.220(a), official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Date the reviewing court clerk sent the rule 8.220(a) notice): Friday, November 6, 2026.
  2. Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Rules applied
Cal. Rules of Court, rule 8.220(a)
If a party fails to timely file an appellant's opening brief or a respondent's brief, the reviewing court clerk must promptly notify the party in writing that the brief must be filed within 15 days after the notice is sent and that if the party fails to comply, the court may impose one of the following sanctions: (1) If the brief is an appellant's opening brief, the court may dismiss the appeal; (2) If the brief is a respondent's brief, the court may decide the appeal on the record, the opening brief, and any oral argument by the appellant.
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
  • Runs from when the notice is SENT; no service extension applied (conservative). Within this period a party may apply to the presiding justice for a good-cause extension (8.220(d)); if extended and missed, sanction may issue without further notice. A brief filed within the 8.220(a) period needs no extension (8.212(b)(4)). A previous 8.220(d) extension bars further stipulated extensions (8.212(b)(1)). Rule 8.220 last amended eff. Jan. 1, 2016.
  • 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 reviewing court clerk sent the rule 8.220(a) notice on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Date the reviewing court clerk sent the rule 8.220(a) notice): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.

Notes

Runs from when the notice is SENT; no service extension applied (conservative). Within this period a party may apply to the presiding justice for a good-cause extension (8.220(d)); if extended and missed, sanction may issue without further notice. A brief filed within the 8.220(a) period needs no extension (8.212(b)(4)). A previous 8.220(d) extension bars further stipulated extensions (8.212(b)(1)). Rule 8.220 last amended eff. Jan. 1, 2016.

Related deadlines

All California appeals and writs deadlines

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.