California appellant's opening brief deadline
In a civil appeal, the appellant's opening brief is due 40 days after the record is filed in the Court of Appeal, or 70 days after a rule 8.124 appendix election if there is no reporter's transcript.
- CRC 8.212(a)
- CRC 8.124
- CCP 12a
Find your brief deadline
Civil appeal in the Court of Appeal.
The date the record was filed, or the date of your rule 8.124 election.
Holidays and court closures
California judicial holidays under CCP 135 are always skipped, including Lincoln's Birthday, Cesar Chavez Day and Native American Day.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Pick the right start date. Normally it is the date the record is filed in the Court of Appeal. With an appendix and a reporter's transcript, it is the date the reporter's transcript is filed.
- Count 40 or 70 days. 70 days applies only when the appeal proceeds by appendix without a reporter's transcript.
- Move past closed days. A weekend or court holiday moves the date to the next court day.
Worked examples
| Example | Start date | Deadline |
|---|---|---|
| Record filed | Sun, Nov 1, 2026 | Fri, Dec 11, 2026 |
| Appendix election, no transcript | Tue, Sep 15, 2026 | Tue, Nov 24, 2026 |
The 15-day notice
If the brief is not filed on time, the clerk must notify the appellant that the brief must be filed within 15 days after the notice, or the appeal may be dismissed (rule 8.220(a)). Do not plan around that grace period. The respondent's brief is due 30 days after the opening brief, and the reply brief 20 days after the respondent's brief.
Common questions
When is the opening brief due in a California civil appeal?
40 days after the record is filed in the Court of Appeal, or 70 days after a rule 8.124 election if there is no reporter's transcript.
Does the service method change the deadline?
No. Briefing deadlines run from the filing of the record or election, not from service.
Can I get an extension?
Yes. The parties may stipulate to extend time under rule 8.212(b), and the court may grant an extension on application.
Sources
- California Rules of Court, rule 8.212
- California Rules of Court, rule 8.124
- California Rules of Court, rule 8.220
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.