Criminal appeal: appellant's opening brief (40 days after record filed)
40 days after date the record was filed in the reviewing court, under Cal. Rules of Court, rule 8.360(c)(1), (c)(4).
Rule text
(c) Time to file (1) The appellant's opening brief must be served and filed within 40 days after the record is filed in the reviewing court. (2) The respondent's brief must be served and filed within 30 days after the appellant's opening brief is filed. (3) The appellant must serve and file a reply brief, if any, within 20 days after the respondent files its brief. (4) The time to serve and file a brief may not be extended by stipulation, but only by order of the presiding justice under rule 8.60.
Cal. Rules of Court, rule 8.360(c)(1), (c)(4), official source
Calculate this deadline
- Trigger (Date the record 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 8.360(c)(1), (c)(4)
(c) Time to file (1) The appellant's opening brief must be served and filed within 40 days after the record is filed in the reviewing court. (2) The respondent's brief must be served and filed within 30 days after the appellant's opening brief is filed. (3) The appellant must serve and file a reply brief, if any, within 20 days after the respondent files its brief. (4) The time to serve and file a brief may not be extended by stipulation, but only by order of the presiding justice under rule 8.60.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
- When both the defendant and the People appeal, the defendant files the first opening brief unless ordered otherwise (8.360(e)). Felony (criminal) appeals in the Court of Appeal (rule 8.360 is in the criminal-appeals chapter; misdemeanor appeals to the appellate division use rule 8.882 instead). NO stipulated extensions: only by order of the presiding justice under rule 8.60 (8.360(c)(4)), unlike civil rule 8.212(b). Filing-triggered, so no service extension. Rule 8.360(c) as amended effective 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 record was filed in the reviewing court on Monday, March 15, 2027, personal service: due Monday, April 26, 2027.
- Trigger (Date the record 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
When both the defendant and the People appeal, the defendant files the first opening brief unless ordered otherwise (8.360(e)). Felony (criminal) appeals in the Court of Appeal (rule 8.360 is in the criminal-appeals chapter; misdemeanor appeals to the appellate division use rule 8.882 instead). NO stipulated extensions: only by order of the presiding justice under rule 8.60 (8.360(c)(4)), unlike civil rule 8.212(b). Filing-triggered, so no service extension. Rule 8.360(c) as amended effective Jan. 1, 2016.
Related deadlines
- Notice of appeal: 60 days after clerk serves Notice of Entry or file-endorsed judgment (60 days after)
- Notice of appeal: 60 days after a party serves Notice of Entry or file-endorsed judgment (60 days after)
- Notice of appeal: outside limit 180 days after entry of judgment (180 days after)
- Notice of appeal after new trial motion denied: 30 days after service of denial order (30 days after)
- Notice of appeal after new trial motion denied by operation of law: 30 days (30 days after)
- Notice of appeal after new trial motion: outside limit 180 days after entry (180 days after)
- Notice of appeal after acceptance of additur/remittitur: 30 days (30 days after)
- Notice of appeal from new trial order after rejection of additur/remittitur: 30 days after rejection served (30 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.