Legal Question in Appeals and Writs in California

State Supreme Court: Responding to Petitions

Appellate Attorney Question:

Assume a reasonably argued Petition to a state Supreme Court that narrowed the issues on appeal. Is it accepted practice in your own State Supreme Court for opposing counsel to submit a response by merely filing an appellate brief?

Just an academic question for pundits on this forum.


Asked on 10/13/07, 4:58 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: State Supreme Court: Responding to Petitions

You can look up the California Rules of Court at www.courtinfo.ca.gov . I've not reviewed the Cal. Supreme Court rules recently, my best recollection is that the responding party should wait until review is granted before filing anything, since the odds against review being granted are so great.

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Answered on 10/13/07, 5:23 pm
Steven Murray Steven W. Murray, APC

Re: State Supreme Court: Responding to Petitions

Yes. See Rule 8.500(a)(2). What you refer to as an "appellate brief" is in our practice designated as an Answer. It is the method by which a Respondentcan designate additional issues if the Petition is granted and fails to raise them.

An Answer is due 20 days after the Petition is filed. (Rule 8.500(e)(4).)

It is generally good practice to file an answer as the court, in the usual civil case, generally waits until the time runs to schedule the Petition for Conference.

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Answered on 10/13/07, 6:36 pm


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