Infraction appeal: brief due within 20 days after clerk's notice of failure to file
20 days after date the appellate division clerk sent the notice of failure to timely file a brief, under Cal. Rules of Court, rule 8.927(b)(1)-(2).
Rule text
(1) If the appellant fails to timely file an opening brief, the appellate division clerk must promptly notify the appellant in writing that the brief must be filed within 20 days after the notice is sent and that if the appellant fails to comply, the court may dismiss the appeal. (2) If the respondent fails to timely file a brief, the appellate division clerk must promptly notify the respondent in writing that the brief must be filed within 20 days after the notice is sent and that if the respondent fails to comply, the court will decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant.
Calculate this deadline
- Trigger (Date the appellate division clerk sent the notice of failure to timely file a brief): Friday, November 6, 2026.
- Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
- That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)).
Cal. Rules of Court, rule 8.927(b)(1)-(2)
(1) If the appellant fails to timely file an opening brief, the appellate division clerk must promptly notify the appellant in writing that the brief must be filed within 20 days after the notice is sent and that if the appellant fails to comply, the court may dismiss the appeal. (2) If the respondent fails to timely file a brief, the appellate division clerk must promptly notify the respondent in writing that the brief must be filed within 20 days after the notice is sent and that if the respondent fails to comply, the court will decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." 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." 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." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." 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." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."Official source
- Periods in the infraction appeal rules run from filing or from the date a clerk 'sends' a notice; CCP 1013 extensions are not applied (extensions 'none'). AMBIGUITY: no rule in this chapter addresses mail extensions for clerk notices; calendar the unextended date. Computation under Cal. Rules of Court, rule 1.10.
- 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 appellate division clerk sent the notice of failure to timely file a brief on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date the appellate division clerk sent the notice of failure to timely file a brief): Monday, March 15, 2027.
- Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)).
Notes
Periods in the infraction appeal rules run from filing or from the date a clerk 'sends' a notice; CCP 1013 extensions are not applied (extensions 'none'). AMBIGUITY: no rule in this chapter addresses mail extensions for clerk notices; calendar the unextended date. Computation under Cal. Rules of Court, rule 1.10.
Related deadlines
- Infraction case: notice of appeal to appellate division within 30 days after rendition of judgment or order (30 days after)
- Infraction cross-appeal: 30 days after clerk sends notification of first appeal (if later than the normal time) (30 days after)
- Prosecuting attorney's notice that it does not want a copy of the record (10 days after notification of appeal sent) (10 days after)
- Appellant's proposed statement on appeal: within 20 days after filing record preparation election (20 days after)
- Respondent's proposed amendments to statement on appeal: within 10 days after appellant files proposed statement (10 days after)
- Request for hearing to review and correct proposed statement: no later than 10 days after respondent's amendments filed or time expired (10 days after)
- Defendant-appellant: deposit, waiver, indigency declaration or new election within 10 days after clerk sends reporter's transcript cost estimate (10 days after)
- Defendant-appellant found not indigent: deposit or new election within 10 days after clerk sends notice of determination (10 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.