FREQUENTLY ASKED QUESTIONS - DIVISION THREE
Below are some frequently asked questions (FAQs) about practices and procedures at Division Three. These FAQs are provided for guidance only, and are not intended to be used as legal authority. If this information differs from the California Rules of Court, you must follow the California Rules of Court.
Please note that the court is correctly called the "Court of Appeal," not the "Court of Appeals."
1. GENERAL
1-1. What are Division Three's filing hours and procedures?
1-2. How do I obtain case information, or view court documents and briefs?
1-3. Does Division Three have local rules?
1-4. How do I file an address change?
1-5. When I file a document, what color is the cover, how many copies do I need, and who do I serve?
1-6. What is Division Three's schedule of fees?
1-7. What is the court's holiday schedule?
1-8. What programs are available for law students?
1-9. What are Division Three's current and future facility plans?
2. INITIATING THE APPEAL - THE RECORD
2-1. Where do I file the notice of appeal?
2-2. How do I designate the clerk's transcript or appendix?
2-3. How do I designate the reporter's transcript?
2-4. How do I file trial court exhibits on appeal?
2-5. What if the record on appeal is incomplete?
2-6. What is the Civil Case Information Statement (CCIS)?
2-7. What is the Certificate of Interested Entities or Persons, and when do I file it?
2-8. What is the procedure for an appeal in a limited civil case?
3. BRIEFS ON APPEAL
3-1. What are the filing deadlines for briefs?
3-2. What if the last day to file a brief falls on a weekend or holiday?
3-3. May I file a brief by overnight delivery, fax or e-mail?
3-4. What if I need more time to file a brief?
3-5. How do I expedite briefing?
3-6. What are the filing deadlines for multiple appeals or cross-appeals?
3-7. What are the formatting requirements for briefs?
4. WRITS
4-1. What is the process for reviewing writ petitions?
4-2. What does it mean if the writ panel issues a summary denial, alternative writ, order to show cause, or a peremptory writ?
4-3. How do I file a writ?
4-4. What are the formatting requirements for writs?
4-5. How do I serve and file exhibits to writ petitions?
4-6. How do I oppose a writ?
4-7. May I file a reply in support of a writ petition? When is the reply due?
4-8. When can I expect to receive a ruling on a writ?
4-9. What is the procedure for a writ in a limited civil case?
5. MOTIONS
5-1. How do I file or oppose a motion?
5-2. What are the formatting requirements for motions or oppositions?
5-3. What are the procedures for requesting judicial notice?
5-4. What are the procedures for appellate court sanctions?
6. SETTLEMENTS & DISMISSALS OF APPEALS
6-1. What if I have settled or wish to dismiss my appeal?
6-2. What if my settlement includes a stipulated request for reversal of the trial court judgment?
6-3. What if I wish to dismiss my writ?
6-4. Does the court offer appellate mediation, and why should I participate?
7. ORAL ARGUMENT
7-1. When does the court hear oral argument, and how do I find out when my case is on calendar?
7-2. What if I need to continue oral argument?
7-3. What if I discover new legal precedents after the appeal has been briefed, but before oral argument?
7-4. What are the procedures at oral argument?
7-5. Can I get a transcript of oral argument?
8. THE DECISION & BEYOND
8-1. When can I expect a decision?
8-2. What are the procedures to file or oppose a petition for rehearing?
8-3. What does it mean when an opinion is "final"?
8-4. What is the purpose of a remittitur?
8-5. What does it mean if an opinion is certified for publication or designated "not for publication"?
