Late brief: file within 30 days after clerk's rule 8.412(d) notice
30 days after date the reviewing court clerk sent the notice that the brief was not timely filed, under Cal. Rules of Court, rule 8.412(d)(1).
Rule text
the reviewing court clerk must promptly notify the party's counsel or the party, if not represented, 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:
Calculate this deadline
- Trigger (Date the reviewing court clerk sent the notice that the brief was not timely filed): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Code Civ. Proc. 12, 12a, 10, 133-135; Gov. Code 6800; Cal. Rules of Court, rule 1.10. 'Judicial day' / 'court day': not defined in WIC or CRC 5.502.).
Cal. Rules of Court, rule 8.412(d)(1)
the reviewing court clerk must promptly notify the party's counsel or the party, if not represented, 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:Official source
Code Civ. Proc. 12, 12a, 10, 133-135; Gov. Code 6800; Cal. Rules of Court, rule 1.10. 'Judicial day' / 'court day': not defined in WIC or CRC 5.502.
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 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 133: "Courts of justice may be held and judicial business transacted on any day, except as provided in this article." Gov. Code 6800: "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." 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."Official source
- Termination appeals under 8.416: 15 days (dep_tpr_late_brief_notice_15_days).
- 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 notice that the brief was not timely filed on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the reviewing court clerk sent the notice that the brief was not timely filed): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Termination appeals under 8.416: 15 days (dep_tpr_late_brief_notice_15_days).
Related deadlines
- Juvenile notice of appeal: 60 days after rendition of judgment or making of order (60 days after)
- Notice of appeal from referee's order: 60 days after referee's order becomes final (60 days after)
- Notice of appeal after rehearing denied: 60 days after referee's order served (or 30 after denial, whichever later) (60 days after)
- Notice of appeal after rehearing denied: 30 days after entry of denial (or 60 after service, whichever later) (30 days after)
- Juvenile cross-appeal: 20 days after clerk sends notification of first appeal (if later than normal time) (20 days after)
- Juvenile appeal: appellant's opening brief 40 days after record filed (40 days after)
- Juvenile appeal: respondent's brief 30 days after opening brief filed (30 days after)
- Juvenile appeal: reply brief 20 days after respondent's brief filed (20 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-26. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.