Petition for rehearing in Court of Appeal: 15 days after decision filed

15 days after filing date of the court of appeal decision (or of a publication order restarting finality, a modification order changing the appellate judgment, or a filed consent under 8.264(d)), under Cal. Rules of Court, rule 8.268(b)(1).

Rule text

(1) A party may serve and file a petition for rehearing within 15 days after: (A) The filing of the decision; (B) A publication order restarting the finality period under rule 8.264(b)(3), if the party has not already filed a petition for rehearing; (C) A modification order changing the appellate judgment under rule 8.264(c)(2); or (D) The filing of a consent under rule 8.264(d).

Cal. Rules of Court, rule 8.268(b)(1), official source

Calculate this deadline

Deadline
Monday, November 23, 2026
  1. Trigger (Filing date of the Court of Appeal decision (or of a publication order restarting finality, a modification order changing the appellate judgment, or a filed consent under 8.264(d))): 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 8.268(b)(1)
(1) A party may serve and file a petition for rehearing within 15 days after: (A) The filing of the decision; (B) A publication order restarting the finality period under rule 8.264(b)(3), if the party has not already filed a petition for rehearing; (C) A modification order changing the appellate judgment under rule 8.264(c)(2); or (D) The filing of a consent under rule 8.264(d).
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 filing; no service extension. Rule 8.25(b)(3) mailbox rule applies to petitions for rehearing. Time for the court to rule cannot be extended; if not ruled on before finality it is deemed denied (8.268(c)). Late-filing relief only by presiding justice before finality (8.268(b)(4)). Rule 8.268 last amended eff. Jan. 1, 2020.
  • 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.
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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

Filing date of the Court of Appeal decision (or of a publication order restarting finality, a modification order changing the appellate judgment, or a filed consent under 8.264(d)) on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Filing date of the Court of Appeal decision (or of a publication order restarting finality, a modification order changing the appellate judgment, or a filed consent under 8.264(d))): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.

Notes

Runs from filing; no service extension. Rule 8.25(b)(3) mailbox rule applies to petitions for rehearing. Time for the court to rule cannot be extended; if not ruled on before finality it is deemed denied (8.268(c)). Late-filing relief only by presiding justice before finality (8.268(b)(4)). Rule 8.268 last amended eff. Jan. 1, 2020.

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.