Criminal appeal: brief due 30 days after clerk sends late-brief notice

30 days after date the clerk sent the rule 8.360(c)(5) notice, under Cal. Rules of Court, rule 8.360(c)(5).

Rule text

(c)(5) 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 30 days after the notice is sent, and that failure to comply may result in one of the following sanctions: (A) If the brief is an appellant's opening brief: (i) If the appellant is the People, the court will dismiss the appeal; (ii) If the appellant is the defendant and is represented by appointed counsel on appeal, the court will relieve that appointed counsel and appoint new counsel; (iii) If the appellant is the defendant and is not represented by appointed counsel, the court will dismiss the appeal; or (B) If the brief is a respondent's brief, the court will decide the appeal on the record, the opening brief, and any oral argument by the appellant.

Cal. Rules of Court, rule 8.360(c)(5), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the clerk sent the rule 8.360(c)(5) notice): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 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 8.360(c)(5)
(c)(5) 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 30 days after the notice is sent, and that failure to comply may result in one of the following sanctions: (A) If the brief is an appellant's opening brief: (i) If the appellant is the People, the court will dismiss the appeal; (ii) If the appellant is the defendant and is represented by appointed counsel on appeal, the court will relieve that appointed counsel and appoint new counsel; (iii) If the appellant is the defendant and is not represented by appointed counsel, the court will dismiss the appeal; or (B) If the brief is a respondent's brief, the court will 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 the date the notice is SENT. Sanctions: dismissal (People or unrepresented defendant appellant), relief of appointed counsel, or decision without respondent's brief. 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 clerk sent the rule 8.360(c)(5) notice on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the clerk sent the rule 8.360(c)(5) notice): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Runs from the date the notice is SENT. Sanctions: dismissal (People or unrepresented defendant appellant), relief of appointed counsel, or decision without respondent's brief. 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

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.