Legal Question in Appeals and Writs in California

Appellant will get a notice in the mail that his appeal will be dismissed unless he files his opening brief within 15 days.

The Court of Appeal will issue a notice stating that the appellant is in default and giving him additional time (15 days in civil cases, 30 days in criminal cases) in which to file the brief. The appellant can seek an extension during this period, though it would have been better to seek one before defaulting. The appellate courts routinely grant at least one 30-day extension in most cases if the party seeking it can show good cause.

If the appellant misses the post-default due date he may still be able to file a brief, but he will have to seek relief from the default and leave to file the untimely brief. Whether the court will agree will depend upon the reasons for the delay and the amount of time that has passed.

I am a certified appellate specialist (per the State Bar of California Board of Legal Specialization) and would be happy to discuss your case with you if you are in the situation you describe.

Mr. Stone is correct. You can also request an extension to file the brief. You will need to show good cause (or reason) for needing additional time.