Stipulation extending brief time: must be filed before the brief is due
0 days before current due date of the opening, respondent's, or reply brief under rule 8.212(a) (as previously extended), under Cal. Rules of Court, rule 8.212(b)(1).
Rule text
(1) Except as otherwise provided by statute or when the time to file the brief has previously been extended under (3) or rule 8.220(d), the parties may extend each period under (a) by up to 60 days by filing one or more stipulations in the reviewing court before the brief is due. Stipulations must be signed by and served on all parties.
Calculate this deadline
- Trigger (Current due date of the opening, respondent's, or reply brief under rule 8.212(a) (as previously extended)): Friday, November 6, 2026.
- Count back 0 calendar days: Friday, November 6, 2026.
Cal. Rules of Court, rule 8.212(b)(1)
(1) Except as otherwise provided by statute or when the time to file the brief has previously been extended under (3) or rule 8.220(d), the parties may extend each period under (a) by up to 60 days by filing one or more stipulations in the reviewing court before the brief is due. Stipulations must be signed by and served on all parties.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
- AMBIGUITY: 'before the brief is due' is not a day count. Modeled as no later than the due date itself (days 0); the most conservative reading is to file the stipulation at least one court day before the due date. Not available if the period was previously extended by the presiding justice under 8.212(b)(3) or 8.220(d), or where a statute limits extensions (e.g., Pub. Resources Code 21167.6(h) CEQA). Stipulation is effective on filing and the court may not shorten it (8.212(b)(2)). If missed, a party may still file within the 15-day 8.220(a) default-notice period without seeking relief (8.212(b)(4)); see existing rule brief_default_notice. Counsel must deliver a copy of the stipulation to the client and certify delivery (8.60(f)). Rule last amended eff. Jan. 1, 2018.
- 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
Current due date of the opening, respondent's, or reply brief under rule 8.212(a) (as previously extended) on Monday, March 15, 2027, personal service: due Monday, March 15, 2027.
- Trigger (Current due date of the opening, respondent's, or reply brief under rule 8.212(a) (as previously extended)): Monday, March 15, 2027.
- Count back 0 calendar days: Monday, March 15, 2027.
Notes
AMBIGUITY: 'before the brief is due' is not a day count. Modeled as no later than the due date itself (days 0); the most conservative reading is to file the stipulation at least one court day before the due date. Not available if the period was previously extended by the presiding justice under 8.212(b)(3) or 8.220(d), or where a statute limits extensions (e.g., Pub. Resources Code 21167.6(h) CEQA). Stipulation is effective on filing and the court may not shorten it (8.212(b)(2)). If missed, a party may still file within the 15-day 8.220(a) default-notice period without seeking relief (8.212(b)(4)); see existing rule brief_default_notice. Counsel must deliver a copy of the stipulation to the client and certify delivery (8.60(f)). Rule last amended eff. Jan. 1, 2018.
Related deadlines
- Appellant's opening brief: 40 days after record filed (40 days after)
- 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)
- 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.