- What is the address and telephone number for the Clerk's Office?
California Court of Appeal
Third Appellate District
900 N Street, Room 400
Sacramento, CA 95814
(916) 654 - 0209
- May I call and ask a question?
The staff of the Clerk's Office is available to answer questions during normal court business hours. Staff can only answer procedural questions like those addressed in this FAQ section. Staff must decline answering any legal questions including such questions as to whether or not one should file an appeal, a writ, both, or neither.
- Does the Third Appellate District accept fax or on-line filings?
There are no provisions in the California Rules of Court for appellate fax filings or on-line filings.
- When is the court open to accept filings?
The Clerk's Office is open to the public from 8:30 a.m. to 5:00 p.m., Monday through Friday, other than legal holidays. Documents must be presented during business hours; there is no drop box or mail slot.
- What holidays does the court observe?
The Court is closed on court holidays. If the filing date of your document falls on a Saturday, Sunday, or court holiday, the document is due by close of business on the next court business day.
When a holiday falls on a Sunday, the following Monday will be observed as a holiday. When a holiday falls on a Saturday, the preceding Friday will be observed as a holiday.
- What counties are in the Third Appellate District?
The Third District includes these 23 counties:
| Alpine | Plumas |
| Amador | Sacramento |
| Butte | San Joaquin |
| Calaveras | Shasta |
| Colusa | Sierra |
| El Dorado | Siskiyou |
| Glenn | Sutter |
| Lassen | Tehama |
| Modoc | Trinity |
| Mono | Yolo |
| Nevada | Yuba |
| Placer | |
- Where do I file a notice of appeal?
Civil Appeals:
A notice of appeal is filed with the clerk of the trial court from which the appeal is taken. (California Rules of Court, rule 8.100.) Judicial Council form APP-002 may be used. A filing fee is required. Please see FAQ "What fees must be paid to the court?"
Criminal and Juvenile Appeals:
A notice of appeal is filed with the clerk of the trial court from which the appeal is taken. No filing fee is required. (California Rules of Court, rule 8.304 or rule 8.400.)
Limited Jurisdiction Civil Cases:
See California Rules of Court, rules 8.1005 and 8.1008 "transfer and certification."
Misdemeanor Cases:
See California Rules of Court, rule 8.304(a)(2).
- What fees must be paid to the court?
| Civil Notice of Appeal | $655.00 |
| Civil Petitions for Writ of Mandate, Prohibition, or Certiorari | $655.00 |
| Petitions for Extraordinary Relief Seeking Review of the Grant Or Denial of a Request for Accommodation | $655.00 |
| Petitions for Writ of Review Involving the Agricultural Labor Relations Board, Public Employees Relation Board, and Alcoholic Beverage Control Cases | $655.00 |
| Copy of Opinion (Decision) | $3.00 |
| Other Copying (To a maximum of 10 pages.) | $0.50/page |
| Transmittal of Records from State Records Center | $20.00/case |
| CD of Oral Argument Session | $20.00/CD |
Other incidental fees may be applicable, you may call during business hours for more information. Please note that when paying in cash exact amounts are required. The Clerk's Office keeps no change.
Judicial Council form 982(1)(17) may be used to apply to this court for waiver of some fees and costs. (See Calif. Rules of Court, rule 3.51.)
- How is a record prepared for an appeal?
Responsibility for preparing the record lies with the trial court.
Civil Appeals:
Within 10 days of the filing of a notice of appeal, it is the appellant's responsibility to serve and file a designation of the record with the trial court. (See California Rules of Court, rules 8.120, 8.124, 8.128, 8.130, 8.134, and 8.137 for further information.) There are fees payable for both a clerk's and a reporter's transcript. Contact your trial court for further information.
Criminal and Juvenile Appeals:
The clerk's and reporter's transcripts are automatically prepared by the trial courts. (See California Rules of Court, rules 8.320, et seq., and 8.404, et seq.)
Exhibits:
Exhibits may be sent to this court as provided for in rule 8.224.
- How do I correct or augment the appellate record?
A record may be corrected or augmented as follows: for civil cases, see rule 8.155; for criminal cases, see rule 8.340; and, for juvenile cases, see rule 8.408.
- What are the procedural guidelines for filing an appellate brief?
The following rule references are provided as a starting point. There may be other rules, codes, or statutes that govern the preparation of a brief. It is the responsibility of the filing party to meet all legal preparation requirements.
Civil Cases:
Rules 8.204, 8.212, and 8.40
Criminal Cases:
Rules 8.360 and 8.40
Juvenile Cases:
Rules 8.412 and 8.40
- Is it possible to get an extension of time to file a document?
Yes, see California Rules of Court, rules 8.50, 8.40, 8.60 and 8.63. Judicial Council form APP-006 is available for use in civil cases. A local form is available for criminal and juvenile cases at: www.courtinfo.ca.gov/courts/courtsofappeal/3rdDistrict/forms.htm.
An application to extend time must be made by a declaration containing specific facts and must, prior to filing, be served on all parties to the appellate proceeding. The applicant must provide the court stamped addressed envelopes as well as copies of the request so that the clerk may conform them with the court's ruling and mail them to all parties.
- How many copies of a document should I file?
Rule 8.40 provides copy information for filings in the Supreme Court of California.
Rule 8.40 provides copy information for filings in the Court of Appeal.
Rule 8.40 provides information about the color of covers required for briefs and petitions.
Rules 8.40 and 8.204 provides the required information that needs to be on the front cover of a brief, petition or on first page of other filings.
- Do I automatically receive an endorsed copy of a filing?
If a filing party would like an endorsed-filed copy at the time of filing, please provide one more copy than the Rules of Court require as well as a stamped, self-addressed envelope for its return. This district does not pay postage for the return of extra copies.
- How do I file a petition for a writ?
The following Rules of Court govern the filing of various writs.
| Rule 8.450 and 8.452. | Writ petition to review orders setting a hearing under Welfare and Institutions Code section 366.26. |
| Rule 8.454 and 8.456 | Writ petition under Welfare and Institutions Code section 366.28 to review an order designating specific placement of a dependent child after termination of parental rights. |
| Rule 8.40 and 8.44(b). | Covers, color, number of copies for filing writ petitions. |
| Rule 8.112. | Petition for writ of supersedeas. |
| Rule 8.490. | Writs of mandate, certiorari, or prohibition, or other writs within the original jurisdiction of the appellate courts. |
| Rule 8.494. | Petitions to review Workers' Compensation Appeals Board cases. |
| Rule 8.496. | Petitions to review Public Utilities Commission Cases. |
| Rule 8.498. | Petitions to review Agricultural Labor Relations Board or Public Employment Relations Board Cases. |
| Rule 8.380. | Petition for writ of habeas corpus by a party not represented by an attorney. |
| Rule 8.384. | Petition for a writ of habeas corpus filed by an attorney. |
Miscellaneous filing information:
If action by the court is requested within 10 calendar days of the date the petition is filed, it is strongly recommended that either proof of personal service or proof of overnight delivery of petition to the opposing parties be provided.
An in forma pauperis application may be filed in lieu of the required filing fee.
