Appeals Timeline

A typical appeal goes through the following steps.

STEP 1
APPEALABLE ORDER

Is entered in the Superior Court
By the CA Rules of Court
Before an appeal can start

STEP 2
NOTICE OF APPEAL

Is filed in the Superior Court
By the Appellant
Generally in 60 days but could be up to 180 days

STEP 3
DESIGNATING THE RECORD

Is submitted to the Superior Court
By Both Parties
Deadline is different for each party

STEP 4
ADDITIONAL FILINGS

Are submitted to the Court of Appeal
By Both Parties
Deadline is different for each filing

STEP 5
OPENING BRIEF

Is submitted to the Court of Appeal
By the Appellant
Within 40 or 70 days

STEP 6
RESPONDENT’S BRIEF

Is submitted to the Court of Appeal
By the Respondent
Within 30 days after the appellant files an opening brief

STEP 7
REPLY BRIEF

Is submitted to the Court of Appeal
By the Appellant
Within 20 days after the respondent files a brief

STEP 8
ORAL ARGUMENT

Is held in the Court of Appeal
By Both Parties
As Scheduled by the Court of Appeal

STEP 9
COURT OPINION

Is issued by the Court of Appeal
By the Court of Appeal
Within 90 days after the case is submitted

STEP 10
PETITION FOR REHEARING

Is submitted to the Court of Appeal
By any party
Within 15 days after the Court of Appeal files an opinion

STEP 11
PETITION FOR REVIEW

Is filed in the Supreme Court
By any party
Within 10 days after the Court of Appeal’s decision becomes final

STEP 12
REMITTITUR

Is sent to the Superior Court
By the Court of Appeal
Generally 61 days after the Court of Appeal files an opinion, but some cases are different