What does it mean to file brief?

This involves presenting to court the written statement that explains a case to a judge. Best Way to Write a Professional Letter to a Judge.

How do you determine the deadline for filing the appellant’s brief?

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served.

How many days are added to the briefing period?

If the transcript is delivered by U.S. mail, 3 days are added to the briefing period, which is measured from the date the transcript was mailed.

What are the rules for filing a court brief?

No extension of the time fixed for the filing of a brief will be granted except upon a motion pursuant to Rule 127 made within the time specified for the filing of the brief. The motion shall be considered by a justice, judge or a person designated by the appellate court, acting as a referee, and shall be granted only for good cause shown.

When to file a reply brief in a cross appeal?

Respondent/cross-appellant’s reply brief may be filed within 14 days after service of appellant/cross-respondent’s response and reply brief. Where any of the foregoing briefs is served electronically, the additional service of paper copies shall not result in extension of the due date under this rule. (d) Form of Briefs in Cross-Appeals.

When to file an addendum to a court brief?

Respondent’s Brief. The respondent shall serve and file a brief and addendum, if any, within 30 days after service of the brief of the appellant or the last appellant’s brief, if there are multiple appellants, or within 30 days after delivery of a transcript ordered by respondent pursuant to Rule 110.02, subdivision 1, whichever is later.

When does the court set the formal briefing schedule?

The court sets the briefing schedule when the record is complete and sends notice to the parties of the dates the briefs are to be filed. See Loc.

When do briefs by parties have to be filed?

(a) Briefs by parties (1) The appellant must serve and file an appellant’s opening brief within 30 days after the record is filed in the appellate division. (2) Any respondent’s brief must be served and filed within 30 days after the appellant files its opening brief.

When to file an amicus curiae brief in California?

(1) Within 14 days after the appellant’s reply brief is filed or was required to be filed, whichever is earlier, any person or entity may serve and file an application for permission of the presiding judge to file an amicus curiae brief. For good cause, the presiding judge may allow later filing.

Can a formal briefing schedule be set for a mandamus petition?

A formal briefing schedule is not set for a petition for permission to appeal unless otherwise ordered by the court. A formal briefing schedule is not set for a mandamus petition unless the court determines that formal briefing and oral argument would aid in resolution of the petition.