Legal Question in Appeals and Writs in California

Re: Brief

Any party can apply for an extension of time for any brief. Most California appellate courts are quite reasonable about granting extensions. Such requests usually seek 30 days at a time, but the party may seek less or more if he/she/it prefers. The Court can grant multiple extensions for the same brief if appropriate under the circumstances. The Court might grant a shorter extension than the one it is asked to grant, or it can deny the request outright.

If an opening brief or respondent's brief is late, the Court will issue a notice saying that the party will be in default if the brief is not filed within 15 days (for civil appeals) or 30 days (for criminal appeals). No such notice is issued for reply briefs. Replies are not required, so if they are not filed on time the Court presumes they won't be filed at all.